{"id":"qld:sl-2017-0165","name":"Coal Mining Safety and Health Regulation 2017","slug":"coal-mining-safety-and-health-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"165 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174978,"registerId":"qld-qld:sl-2017-0165-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of chapter","content":"### sec.4 Application of chapter\n\nUnless otherwise stated, this chapter applies to surface mines and underground mines.\nSee also chapter 3 which is about surface mines and chapter 4 which is about underground mines.","sortOrder":1},{"sectionNumber":"sec.5","sectionType":"section","heading":"Ways of achieving an acceptable level of risk","content":"### sec.5 Ways of achieving an acceptable level of risk\n\nThis chapter, other than sections 47 (2) , 49B (2) and 52 (1) , prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this chapter.\nHowever, this chapter does not deal with all circumstances that expose someone to risk at a coal mine.\nA person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed.\nSee section 34 of the Act for the penalty for failing to discharge the obligation.\ns 5 amd 2018 SL No. 102 s 7\n(sec.5-ssec.1) This chapter, other than sections 47 (2) , 49B (2) and 52 (1) , prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this chapter.\n(sec.5-ssec.2) However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine.\n(sec.5-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed. See section 34 of the Act for the penalty for failing to discharge the obligation.","sortOrder":2},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Safety and health management system","content":"# Safety and health management system","sortOrder":3},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":4},{"sectionNumber":"sec.6","sectionType":"section","heading":"Basic elements","content":"### sec.6 Basic elements\n\nA coal mine’s safety and health management system must provide for the following basic elements—\nrisk identification and assessment;\nhazard analysis;\nhazard management and control;\nreporting and recording relevant safety and health information and data.\n- (a) risk identification and assessment;\n- (b) hazard analysis;\n- (c) hazard management and control;\n- (d) reporting and recording relevant safety and health information and data.","sortOrder":5},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Potential hazard guide—coal seam gas or petroleum","content":"### sec.6A Potential hazard guide—coal seam gas or petroleum\n\nThe potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum.\nThe guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4 .\nFor subsection (2) , the matters are the activities, and the impact of the activities, that—\nare carried out or proposed to be carried out as part of coal mining operations at the coal mine; and\nmay affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease.\ns 6A amd 2019 SL No. 250 s 4\n(sec.6A-ssec.1) The potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum.\n(sec.6A-ssec.2) The guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4 .\n(sec.6A-ssec.3) For subsection (2) , the matters are the activities, and the impact of the activities, that— are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease.\n- (a) are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and\n- (b) may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Keeping information and data on which risk assessment is based","content":"### sec.7 Keeping information and data on which risk assessment is based\n\nThe site senior executive for a coal mine must ensure a copy of each risk assessment for the mine, and information and data on which the assessment was based, is kept at the mine until—\nthe assessment is superseded; or\nthe hazard to which the assessment relates is no longer at the mine.\n- (a) the assessment is superseded; or\n- (b) the hazard to which the assessment relates is no longer at the mine.","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Notification of safety and health issues generally","content":"### sec.8 Notification of safety and health issues generally\n\nA coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following—\nprotocols for taking action in life threatening situations;\nCPR protocols\nemergencies, and the location of known hazards, affecting the person’s safety or health.\nThe system must provide for the following—\ngiving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations;\na notification about slippery road conditions\nthe prompt summonsing of assistance in an emergency;\nassistance from external entities in an emergency;\ncommunicating with the external entities;\naccess by inspectors to the external entities’ contact details;\naccess by an inspector in the district in which the mine is located to an emergency contact number for the mine;\nfor a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation;\nfor an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone.\n(sec.8-ssec.1) A coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following— protocols for taking action in life threatening situations; CPR protocols emergencies, and the location of known hazards, affecting the person’s safety or health.\n(sec.8-ssec.2) The system must provide for the following— giving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations; a notification about slippery road conditions the prompt summonsing of assistance in an emergency; assistance from external entities in an emergency; communicating with the external entities; access by inspectors to the external entities’ contact details; access by an inspector in the district in which the mine is located to an emergency contact number for the mine; for a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation; for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone.\n- (a) protocols for taking action in life threatening situations; Example— CPR protocols\n- (b) emergencies, and the location of known hazards, affecting the person’s safety or health.\n- (a) giving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations; Example— a notification about slippery road conditions\n- (b) the prompt summonsing of assistance in an emergency;\n- (c) assistance from external entities in an emergency;\n- (d) communicating with the external entities;\n- (e) access by inspectors to the external entities’ contact details;\n- (f) access by an inspector in the district in which the mine is located to an emergency contact number for the mine;\n- (g) for a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation;\n- (h) for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone.","sortOrder":8},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Standard operating procedures","content":"## Standard operating procedures","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of requirement to have a standard operating procedure for a hazard","content":"### sec.9 Application of requirement to have a standard operating procedure for a hazard\n\nA requirement under this regulation for a coal mine to have a standard operating procedure for a hazard applies only if the hazard is at the mine.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Developing standard operating procedures","content":"### sec.10 Developing standard operating procedures\n\nThe site senior executive for a coal mine must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine—\nthe site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards;\nthe site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted;\nif the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure;\nif the coal mine workers do not agree with the draft standard operating procedure—\nfor a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or\nfor a disagreement that is about a legal or technical matter—the site senior executive must—\nobtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and\nafter consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and\nif the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;\nthe site senior executive must include the final standard operating procedure in the mine’s safety and health management system.\nThe site senior executive must ensure—\nthe final standard operating procedure accords with—\nall matters agreed, under this section, between the site senior executive and coal mine workers; and\nthe site senior executive’s decision, under this section, on any disagreed matters; and\na record is kept of the disagreed matters.\nIn developing the standard operating procedure, the site senior executive must—\nuse a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and\nhave regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280 (1) (a) (i) of the Act .\ns 10 amd 2020 SL No. 69 s 24 sch 1\n(sec.10-ssec.1) The site senior executive for a coal mine must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine— the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards; the site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted; if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure; if the coal mine workers do not agree with the draft standard operating procedure— for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or for a disagreement that is about a legal or technical matter—the site senior executive must— obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure; the site senior executive must include the final standard operating procedure in the mine’s safety and health management system.\n(sec.10-ssec.2) The site senior executive must ensure— the final standard operating procedure accords with— all matters agreed, under this section, between the site senior executive and coal mine workers; and the site senior executive’s decision, under this section, on any disagreed matters; and a record is kept of the disagreed matters.\n(sec.10-ssec.3) In developing the standard operating procedure, the site senior executive must— use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and have regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280 (1) (a) (i) of the Act .\n- (a) the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards;\n- (b) the site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted;\n- (c) if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure;\n- (d) if the coal mine workers do not agree with the draft standard operating procedure— (i) for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or (ii) for a disagreement that is about a legal or technical matter—the site senior executive must— (A) obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and (B) after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and (C) if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;\n- (i) for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or\n- (ii) for a disagreement that is about a legal or technical matter—the site senior executive must— (A) obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and (B) after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and (C) if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;\n- (A) obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and\n- (B) after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and\n- (C) if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;\n- (e) the site senior executive must include the final standard operating procedure in the mine’s safety and health management system.\n- (i) for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or\n- (ii) for a disagreement that is about a legal or technical matter—the site senior executive must— (A) obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and (B) after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and (C) if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;\n- (A) obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and\n- (B) after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and\n- (C) if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;\n- (A) obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and\n- (B) after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and\n- (C) if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure;\n- (a) the final standard operating procedure accords with— (i) all matters agreed, under this section, between the site senior executive and coal mine workers; and (ii) the site senior executive’s decision, under this section, on any disagreed matters; and\n- (i) all matters agreed, under this section, between the site senior executive and coal mine workers; and\n- (ii) the site senior executive’s decision, under this section, on any disagreed matters; and\n- (b) a record is kept of the disagreed matters.\n- (i) all matters agreed, under this section, between the site senior executive and coal mine workers; and\n- (ii) the site senior executive’s decision, under this section, on any disagreed matters; and\n- (a) use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and\n- (b) have regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280 (1) (a) (i) of the Act .","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Accessing standard operating procedures","content":"### sec.11 Accessing standard operating procedures\n\nThe site senior executive for a coal mine must ensure—\na list of the mine’s current standard operating procedures is kept—\nat the mine in a location that is easily accessible by each coal mine worker at the mine; and\nat any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\na copy of the current standard operating procedure for a particular activity at the mine is available to, and kept in a location that is easily accessible by—\neach coal mine worker carrying out the activity; and\neach operational ROC worker concerned with the activity; and\nthe list and each standard operating procedure is kept in a format that is easy to use and understand.\ns 11 amd 2024 SL No. 167 s 4\n- (a) a list of the mine’s current standard operating procedures is kept— (i) at the mine in a location that is easily accessible by each coal mine worker at the mine; and (ii) at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\n- (i) at the mine in a location that is easily accessible by each coal mine worker at the mine; and\n- (ii) at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\n- (b) a copy of the current standard operating procedure for a particular activity at the mine is available to, and kept in a location that is easily accessible by— (i) each coal mine worker carrying out the activity; and (ii) each operational ROC worker concerned with the activity; and\n- (i) each coal mine worker carrying out the activity; and\n- (ii) each operational ROC worker concerned with the activity; and\n- (c) the list and each standard operating procedure is kept in a format that is easy to use and understand.\n- (i) at the mine in a location that is easily accessible by each coal mine worker at the mine; and\n- (ii) at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\n- (i) each coal mine worker carrying out the activity; and\n- (ii) each operational ROC worker concerned with the activity; and","sortOrder":12},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Recognised standards","content":"## Recognised standards","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Accessing recognised standards","content":"### sec.12 Accessing recognised standards\n\nThe site senior executive for a coal mine must ensure—\na list of the current recognised standards for the mine’s coal mining operations is kept—\nat the mine in a location that is easily accessible by each coal mine worker at the mine; and\nat any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\na copy of the current recognised standard for a particular coal mining operation is available to, and kept in a location that is easily accessible by—\neach coal mine worker at the mine engaged in the operation; and\neach operational ROC worker for the mine concerned with the operation; and\nthe list and each recognised standard is kept in a format that is easy to use and understand.\ns 12 amd 2024 SL No. 167 s 5\n- (a) a list of the current recognised standards for the mine’s coal mining operations is kept— (i) at the mine in a location that is easily accessible by each coal mine worker at the mine; and (ii) at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\n- (i) at the mine in a location that is easily accessible by each coal mine worker at the mine; and\n- (ii) at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\n- (b) a copy of the current recognised standard for a particular coal mining operation is available to, and kept in a location that is easily accessible by— (i) each coal mine worker at the mine engaged in the operation; and (ii) each operational ROC worker for the mine concerned with the operation; and\n- (i) each coal mine worker at the mine engaged in the operation; and\n- (ii) each operational ROC worker for the mine concerned with the operation; and\n- (c) the list and each recognised standard is kept in a format that is easy to use and understand.\n- (i) at the mine in a location that is easily accessible by each coal mine worker at the mine; and\n- (ii) at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and\n- (i) each coal mine worker at the mine engaged in the operation; and\n- (ii) each operational ROC worker for the mine concerned with the operation; and","sortOrder":14},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Plan to manage overlapping or adjacent leases","content":"## Plan to manage overlapping or adjacent leases","sortOrder":15},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Application of division","content":"### sec.12A Application of division\n\nThis division applies to a coal mine on land the subject of a mining lease if—\ncoal mining operations are carried out at the coal mine within any of the following areas (each an overlapping area )—\nthe area of a petroleum lease (an overlapping petroleum lease );\nan area adjacent to the area of a petroleum lease (an adjacent petroleum lease );\nan area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989 , section 739 ; and\nthe coal mining operations physically affect, or may physically affect the safety of persons or plant in the area of the petroleum lease.\nIn this section—\nmining lease means a mining lease granted before 27 September 2016.\ns 12A amd 2025 SL No. 105 s 71\n(sec.12A-ssec.1) This division applies to a coal mine on land the subject of a mining lease if— coal mining operations are carried out at the coal mine within any of the following areas (each an overlapping area )— the area of a petroleum lease (an overlapping petroleum lease ); an area adjacent to the area of a petroleum lease (an adjacent petroleum lease ); an area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989 , section 739 ; and the coal mining operations physically affect, or may physically affect the safety of persons or plant in the area of the petroleum lease.\n(sec.12A-ssec.2) In this section— mining lease means a mining lease granted before 27 September 2016.\n- (a) coal mining operations are carried out at the coal mine within any of the following areas (each an overlapping area )— (i) the area of a petroleum lease (an overlapping petroleum lease ); (ii) an area adjacent to the area of a petroleum lease (an adjacent petroleum lease ); (iii) an area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989 , section 739 ; and\n- (i) the area of a petroleum lease (an overlapping petroleum lease );\n- (ii) an area adjacent to the area of a petroleum lease (an adjacent petroleum lease );\n- (iii) an area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989 , section 739 ; and\n- (b) the coal mining operations physically affect, or may physically affect the safety of persons or plant in the area of the petroleum lease.\n- (i) the area of a petroleum lease (an overlapping petroleum lease );\n- (ii) an area adjacent to the area of a petroleum lease (an adjacent petroleum lease );\n- (iii) an area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989 , section 739 ; and","sortOrder":16},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Plan to manage overlapping areas","content":"### sec.12B Plan to manage overlapping areas\n\nA joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start.\nThe matter is the identification of the hazards and the assessment of the risks to be controlled that—\nare, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and\naffect, or may be likely to affect, the safety and health of persons in the overlapping area.\nBefore making the joint interaction management plan, the site senior executive must—\nmake reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and\nhave regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and\neither—\nreach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or\napply for arbitration of the dispute under subsection (5) or (6) .\nFor subsection (3) (a) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if—\nthe site senior executive gives the operator a copy of the proposed plan; and\nthe operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.\nIf the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.\nDespite subsection (5) , either party may apply for arbitration of the dispute at any time.\nIn this section—\narbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014 .\nauthorised activities operating plant see section 12BA .\ns 12B sub 2025 SL No. 105 s 72\n(sec.12B-ssec.1) A joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start.\n(sec.12B-ssec.2) The matter is the identification of the hazards and the assessment of the risks to be controlled that— are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and affect, or may be likely to affect, the safety and health of persons in the overlapping area.\n(sec.12B-ssec.3) Before making the joint interaction management plan, the site senior executive must— make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and have regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and either— reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or apply for arbitration of the dispute under subsection (5) or (6) .\n(sec.12B-ssec.4) For subsection (3) (a) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if— the site senior executive gives the operator a copy of the proposed plan; and the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.\n(sec.12B-ssec.5) If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.\n(sec.12B-ssec.6) Despite subsection (5) , either party may apply for arbitration of the dispute at any time.\n(sec.12B-ssec.7) In this section— arbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014 . authorised activities operating plant see section 12BA .\n- (a) are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and\n- (b) affect, or may be likely to affect, the safety and health of persons in the overlapping area.\n- (a) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and\n- (b) have regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and\n- (c) either— (i) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (ii) apply for arbitration of the dispute under subsection (5) or (6) .\n- (i) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or\n- (ii) apply for arbitration of the dispute under subsection (5) or (6) .\n- (i) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or\n- (ii) apply for arbitration of the dispute under subsection (5) or (6) .\n- (a) the site senior executive gives the operator a copy of the proposed plan; and\n- (b) the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.","sortOrder":17},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":"Safety provisions relating to overlapping resource authorities","content":"## Safety provisions relating to overlapping resource authorities","sortOrder":18},{"sectionNumber":"sec.12BA","sectionType":"section","heading":"Definitions for division","content":"### sec.12BA Definitions for division\n\nIn this division—\nauthorised activities operating plant see section 64D of the Act .\noverlapping area means—\nan overlapping area under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 104 ; or\nany of the following areas, if coal mining operations are carried out, or are to be carried out, under a coal mining lease granted before 27 September 2016 in the area, and operations physically affect, or may physically affect, the safety of persons or plant in the area—\nthe area of a petroleum lease;\nan area adjacent to the area of a petroleum lease.\ns 12BA def overlapping area sub 2025 SL No. 105 s 73\n- (a) an overlapping area under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 104 ; or\n- (b) any of the following areas, if coal mining operations are carried out, or are to be carried out, under a coal mining lease granted before 27 September 2016 in the area, and operations physically affect, or may physically affect, the safety of persons or plant in the area— (i) the area of a petroleum lease; (ii) an area adjacent to the area of a petroleum lease.\n- (i) the area of a petroleum lease;\n- (ii) an area adjacent to the area of a petroleum lease.\n- (i) the area of a petroleum lease;\n- (ii) an area adjacent to the area of a petroleum lease.","sortOrder":19},{"sectionNumber":"sec.12BB","sectionType":"section","heading":"Additional information required for joint interaction management plan—co-ordination of obligations","content":"### sec.12BB Additional information required for joint interaction management plan—co-ordination of obligations\n\nThis section applies for section 64F (1) (i) of the Act .\nThe joint interaction management plan must also describe the way in which the site senior executive of the coal mine and the operator of each operating plant in the overlapping area intend to communicate about, and co-ordinate, each of the following obligations applying for the coal mine and the operating plant—\nemergency obligations;\nincident response obligations;\ninduction training obligations;\ninformation exchange obligations;\nvehicle safety obligations.\nIn this section—\nemergency obligations means—\nfor the coal mine—obligations under chapter 2 , part 5 ; and\nfor the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 (1) (l) and 693 (d) and (e) .\nincident response obligations means—\nfor the coal mine—obligations under part 11 of the Act ; and\nfor the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 705D , 706 and 707 .\ninduction training obligations means—\nfor the coal mine—obligations under sections 82 (2) (a) and 83 ; and\nfor the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , section 693 (a) .\ninformation exchange obligations means—\nfor the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 ; and\nfor the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 or the Petroleum and Gas (Safety) Regulation 2018 , section 51 .\nvehicle safety obligations means—\nfor the coal mine—obligations under sections 66 , 74 , 76 , 128 and 135 ; and\nfor the operating plant—obligations under the Petroleum and Gas (Safety) Regulation 2018 , section 52 .\ns 12BB amd 2018 SL No. 135 s 176 ; 2025 SL No. 105 s 74\n(sec.12BB-ssec.1) This section applies for section 64F (1) (i) of the Act .\n(sec.12BB-ssec.2) The joint interaction management plan must also describe the way in which the site senior executive of the coal mine and the operator of each operating plant in the overlapping area intend to communicate about, and co-ordinate, each of the following obligations applying for the coal mine and the operating plant— emergency obligations; incident response obligations; induction training obligations; information exchange obligations; vehicle safety obligations.\n(sec.12BB-ssec.3) In this section— emergency obligations means— for the coal mine—obligations under chapter 2 , part 5 ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 (1) (l) and 693 (d) and (e) . incident response obligations means— for the coal mine—obligations under part 11 of the Act ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 705D , 706 and 707 . induction training obligations means— for the coal mine—obligations under sections 82 (2) (a) and 83 ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , section 693 (a) . information exchange obligations means— for the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 ; and for the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 or the Petroleum and Gas (Safety) Regulation 2018 , section 51 . vehicle safety obligations means— for the coal mine—obligations under sections 66 , 74 , 76 , 128 and 135 ; and for the operating plant—obligations under the Petroleum and Gas (Safety) Regulation 2018 , section 52 .\n- (a) emergency obligations;\n- (b) incident response obligations;\n- (c) induction training obligations;\n- (d) information exchange obligations;\n- (e) vehicle safety obligations.\n- (a) for the coal mine—obligations under chapter 2 , part 5 ; and\n- (b) for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 (1) (l) and 693 (d) and (e) .\n- (a) for the coal mine—obligations under part 11 of the Act ; and\n- (b) for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 705D , 706 and 707 .\n- (a) for the coal mine—obligations under sections 82 (2) (a) and 83 ; and\n- (b) for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , section 693 (a) .\n- (a) for the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 ; and\n- (b) for the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 or the Petroleum and Gas (Safety) Regulation 2018 , section 51 .\n- (a) for the coal mine—obligations under sections 66 , 74 , 76 , 128 and 135 ; and\n- (b) for the operating plant—obligations under the Petroleum and Gas (Safety) Regulation 2018 , section 52 .","sortOrder":20},{"sectionNumber":"sec.12BC","sectionType":"section","heading":"Requirements for boreholes","content":"### sec.12BC Requirements for boreholes\n\nThis section applies if an overlapping area is subject to—\neither—\nan authority to prospect granted before or after the start date; or\na petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and\na mining lease granted, or an application for a mining lease made, after the start date.\nIf the mining lease is for an underground coal mine—\nthe additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and\nthe standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.\nIf the mining lease is for a surface mine—\nthe additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and\nthe standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.\nDespite subsections (2) and (3) , the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole.\nIf the resource authority holders for the overlapping area agree under subsection (4) on an alternative safety requirement for a borehole—\nthe standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and\nthe alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area.\nSee section 64E (1) (c) of the Act for the requirement to comply with the joint interaction management plan.\nIn this section—\nadditional safety requirements , for a borehole, means requirements applying to the borehole under section 12BD or 12BE .\nalternative safety requirement , for a borehole, means a method or procedure that—\ndoes not comply with the additional safety requirements for the borehole; and\nachieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements.\nstandard safety requirements , for a borehole, means the requirements applying to the borehole under section 100 .\nstart date means 27 September 2016.\n12BC amd 2019 SL No. 89 s 4\n(sec.12BC-ssec.1) This section applies if an overlapping area is subject to— either— an authority to prospect granted before or after the start date; or a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and a mining lease granted, or an application for a mining lease made, after the start date.\n(sec.12BC-ssec.2) If the mining lease is for an underground coal mine— the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.\n(sec.12BC-ssec.3) If the mining lease is for a surface mine— the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.\n(sec.12BC-ssec.4) Despite subsections (2) and (3) , the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole.\n(sec.12BC-ssec.5) If the resource authority holders for the overlapping area agree under subsection (4) on an alternative safety requirement for a borehole— the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area. See section 64E (1) (c) of the Act for the requirement to comply with the joint interaction management plan.\n(sec.12BC-ssec.6) In this section— additional safety requirements , for a borehole, means requirements applying to the borehole under section 12BD or 12BE . alternative safety requirement , for a borehole, means a method or procedure that— does not comply with the additional safety requirements for the borehole; and achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements. standard safety requirements , for a borehole, means the requirements applying to the borehole under section 100 . start date means 27 September 2016.\n- (a) either— (i) an authority to prospect granted before or after the start date; or (ii) a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and\n- (i) an authority to prospect granted before or after the start date; or\n- (ii) a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and\n- (b) a mining lease granted, or an application for a mining lease made, after the start date.\n- (i) an authority to prospect granted before or after the start date; or\n- (ii) a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and\n- (a) the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and\n- (b) the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.\n- (a) the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and\n- (b) the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements.\n- (a) the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and\n- (b) the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area.\n- (a) does not comply with the additional safety requirements for the borehole; and\n- (b) achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements.","sortOrder":21},{"sectionNumber":"sec.12BD","sectionType":"section","heading":"Additional safety requirement—requirement to remove particular equipment from boreholes","content":"### sec.12BD Additional safety requirement—requirement to remove particular equipment from boreholes\n\nThe site senior executive for a coal mine must—\nuse the site senior executive’s best endeavours to ensure all prescribed equipment that is in a borehole drilled for the mine’s mining lease (coal) is removed before the borehole is plugged and abandoned; and\nensure the following is available for use at all times when drilling operations in a borehole drilled for the mine’s mining lease (coal) are carried out—\nadequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole;\nadequate equipment for seeking to recover prescribed equipment lost in the borehole.\nIf prescribed equipment is lost in a borehole drilled for a mine’s mining lease (coal), the site senior executive for a coal mine must—\nwithin 24 hours after the equipment is lost—notify each operator of an authorised activities operating plant in the overlapping area; and\nwithin 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and\nabandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment.\nIn this section—\nprescribed equipment means—\nmetal equipment, other than casing; and\nany other equipment or material that may create a hazard to coal mining operations.\n(sec.12BD-ssec.1) The site senior executive for a coal mine must— use the site senior executive’s best endeavours to ensure all prescribed equipment that is in a borehole drilled for the mine’s mining lease (coal) is removed before the borehole is plugged and abandoned; and ensure the following is available for use at all times when drilling operations in a borehole drilled for the mine’s mining lease (coal) are carried out— adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole; adequate equipment for seeking to recover prescribed equipment lost in the borehole.\n(sec.12BD-ssec.2) If prescribed equipment is lost in a borehole drilled for a mine’s mining lease (coal), the site senior executive for a coal mine must— within 24 hours after the equipment is lost—notify each operator of an authorised activities operating plant in the overlapping area; and within 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and abandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment.\n(sec.12BD-ssec.3) In this section— prescribed equipment means— metal equipment, other than casing; and any other equipment or material that may create a hazard to coal mining operations.\n- (a) use the site senior executive’s best endeavours to ensure all prescribed equipment that is in a borehole drilled for the mine’s mining lease (coal) is removed before the borehole is plugged and abandoned; and\n- (b) ensure the following is available for use at all times when drilling operations in a borehole drilled for the mine’s mining lease (coal) are carried out— (i) adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole; (ii) adequate equipment for seeking to recover prescribed equipment lost in the borehole.\n- (i) adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole;\n- (ii) adequate equipment for seeking to recover prescribed equipment lost in the borehole.\n- (i) adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole;\n- (ii) adequate equipment for seeking to recover prescribed equipment lost in the borehole.\n- (a) within 24 hours after the equipment is lost—notify each operator of an authorised activities operating plant in the overlapping area; and\n- (b) within 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and\n- (c) abandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment.\n- (a) metal equipment, other than casing; and\n- (b) any other equipment or material that may create a hazard to coal mining operations.","sortOrder":22},{"sectionNumber":"sec.12BE","sectionType":"section","heading":"Additional safety requirement—requirement to fill boreholes","content":"### sec.12BE Additional safety requirement—requirement to fill boreholes\n\nThis section prescribes safety requirements for plugging and abandoning a borehole drilled for a mine’s mining lease (coal) in an overlapping area.\nThe site senior executive for a coal mine must ensure that, as part of the plugging and abandoning of the borehole—\nthe borehole is filled with cement from the bottom of the borehole to the surface of the borehole, unless each operator of an authorised activities operating plant in the overlapping area otherwise agrees; and\npackers and fluids are not left in the borehole.\nThis section applies in addition to the requirements under section 100 .\n(sec.12BE-ssec.1) This section prescribes safety requirements for plugging and abandoning a borehole drilled for a mine’s mining lease (coal) in an overlapping area.\n(sec.12BE-ssec.2) The site senior executive for a coal mine must ensure that, as part of the plugging and abandoning of the borehole— the borehole is filled with cement from the bottom of the borehole to the surface of the borehole, unless each operator of an authorised activities operating plant in the overlapping area otherwise agrees; and packers and fluids are not left in the borehole.\n(sec.12BE-ssec.3) This section applies in addition to the requirements under section 100 .\n- (a) the borehole is filled with cement from the bottom of the borehole to the surface of the borehole, unless each operator of an authorised activities operating plant in the overlapping area otherwise agrees; and\n- (b) packers and fluids are not left in the borehole.","sortOrder":23},{"sectionNumber":"ch.2-pt.2A","sectionType":"part","heading":"Safety and health fee","content":"# Safety and health fee","sortOrder":24},{"sectionNumber":"sec.12C","sectionType":"section","heading":"Definitions for part","content":"### sec.12C Definitions for part\n\nIn this part—\nreporting period , for a coal mine, means—\nif the responsible person for the coal mine chooses under section 12FA (2) to give a safety and health census for the coal mine for a financial year—the financial year; or\notherwise—each quarter.\ns 12C def reporting period ins 2019 SL No. 221 s 4\nresponsible person , for a coal mine, see section 12D .\nsafety and health census see section 12F (1) .\nsafety and health fee see section 12E (1) .\n- (a) if the responsible person for the coal mine chooses under section 12FA (2) to give a safety and health census for the coal mine for a financial year—the financial year; or\n- (b) otherwise—each quarter.","sortOrder":25},{"sectionNumber":"sec.12D","sectionType":"section","heading":"Meaning of responsible person","content":"### sec.12D Meaning of responsible person\n\nA person is a responsible person for a coal mine if the person is—\nfor a coal mine operated under a mining tenure—\nif the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or\nif the coal mine operator is a corporation—the coal mine operator for the coal mine; or\nfor a place that is a coal mine under section 9 (1) (c) of the Act —the person in control of the coal mine.\nHowever, if the mining tenure mentioned in subsection (1) (a) (i) is held by more than 1 person, for the purpose of giving or receiving notices under this part, including for giving a safety and health census under section 12F , the responsible person for the coal mine is—\nif a person has been specified under the Mineral Resources Act 1989 as the person on whom any notice may be served on behalf of the holders of the mining tenure—the person specified; or\nSee the Mineral Resources Act 1989 , sections 133 (c) , 183 (1) (c) and 245 (1) (c) .\notherwise—any person who is a holder of the mining tenure.\n(sec.12D-ssec.1) A person is a responsible person for a coal mine if the person is— for a coal mine operated under a mining tenure— if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or if the coal mine operator is a corporation—the coal mine operator for the coal mine; or for a place that is a coal mine under section 9 (1) (c) of the Act —the person in control of the coal mine.\n(sec.12D-ssec.2) However, if the mining tenure mentioned in subsection (1) (a) (i) is held by more than 1 person, for the purpose of giving or receiving notices under this part, including for giving a safety and health census under section 12F , the responsible person for the coal mine is— if a person has been specified under the Mineral Resources Act 1989 as the person on whom any notice may be served on behalf of the holders of the mining tenure—the person specified; or See the Mineral Resources Act 1989 , sections 133 (c) , 183 (1) (c) and 245 (1) (c) . otherwise—any person who is a holder of the mining tenure.\n- (a) for a coal mine operated under a mining tenure— (i) if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or (ii) if the coal mine operator is a corporation—the coal mine operator for the coal mine; or\n- (i) if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or\n- (ii) if the coal mine operator is a corporation—the coal mine operator for the coal mine; or\n- (b) for a place that is a coal mine under section 9 (1) (c) of the Act —the person in control of the coal mine.\n- (i) if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or\n- (ii) if the coal mine operator is a corporation—the coal mine operator for the coal mine; or\n- (a) if a person has been specified under the Mineral Resources Act 1989 as the person on whom any notice may be served on behalf of the holders of the mining tenure—the person specified; or Note— See the Mineral Resources Act 1989 , sections 133 (c) , 183 (1) (c) and 245 (1) (c) .\n- (b) otherwise—any person who is a holder of the mining tenure.","sortOrder":26},{"sectionNumber":"sec.12E","sectionType":"section","heading":"Payment of safety and health fee","content":"### sec.12E Payment of safety and health fee\n\nThe responsible person for a coal mine must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for coal mining operations.\nThe amount of the safety and health fee for a reporting period for a coal mine is stated in schedule 8 , part 2 .\nThe amount of the safety and health fee for a reporting period for a coal mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the coal mine under section 12F for the reporting period.\nSubsection (5) applies if the responsible person for the coal mine gives the CEO a safety and health census under section 12F for a reporting period for the coal mine.\nThe CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine—\nif the reporting period is a financial year—before 30 August of the year; or\nif the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or\nif the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or\nif the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or\nif the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\nThe invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the coal mine the invoice.\nThe responsible person for the coal mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice.\nMaximum penalty—100 penalty units.\nSubsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that—\na safety and health census received is incomplete or contains information that is incorrect; or\nSee section 12G .\nno safety and health fee for the reporting period for the coal mine is payable under schedule 8 , part 2 .\nSubsection (10) applies if—\nthe responsible person for a coal mine gives the CEO a safety and health census for a reporting period for the coal mine after the end of the period within which the census was required to be given under section 12F ; and\nthe CEO has not given the responsible person for the coal mine a notice mentioned in section 12G (2) relating to the census.\nThe CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine within 40 days after receiving the census.\nThe CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.\ns 12E sub 2019 SL No. 221 s 5\namd 2020 SL No. 69 ss 4 , 24 sch 1 ; 2021 SL No. 75 s 4\n(sec.12E-ssec.1) The responsible person for a coal mine must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for coal mining operations.\n(sec.12E-ssec.2) The amount of the safety and health fee for a reporting period for a coal mine is stated in schedule 8 , part 2 .\n(sec.12E-ssec.3) The amount of the safety and health fee for a reporting period for a coal mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the coal mine under section 12F for the reporting period.\n(sec.12E-ssec.4) Subsection (5) applies if the responsible person for the coal mine gives the CEO a safety and health census under section 12F for a reporting period for the coal mine.\n(sec.12E-ssec.5) The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine— if the reporting period is a financial year—before 30 August of the year; or if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\n(sec.12E-ssec.6) The invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the coal mine the invoice.\n(sec.12E-ssec.7) The responsible person for the coal mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice. Maximum penalty—100 penalty units.\n(sec.12E-ssec.8) Subsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that— a safety and health census received is incomplete or contains information that is incorrect; or See section 12G . no safety and health fee for the reporting period for the coal mine is payable under schedule 8 , part 2 .\n(sec.12E-ssec.9) Subsection (10) applies if— the responsible person for a coal mine gives the CEO a safety and health census for a reporting period for the coal mine after the end of the period within which the census was required to be given under section 12F ; and the CEO has not given the responsible person for the coal mine a notice mentioned in section 12G (2) relating to the census.\n(sec.12E-ssec.10) The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine within 40 days after receiving the census.\n(sec.12E-ssec.11) The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.\n- (a) if the reporting period is a financial year—before 30 August of the year; or\n- (b) if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or\n- (c) if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or\n- (d) if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or\n- (e) if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\n- (a) a safety and health census received is incomplete or contains information that is incorrect; or Note— See section 12G .\n- (b) no safety and health fee for the reporting period for the coal mine is payable under schedule 8 , part 2 .\n- (a) the responsible person for a coal mine gives the CEO a safety and health census for a reporting period for the coal mine after the end of the period within which the census was required to be given under section 12F ; and\n- (b) the CEO has not given the responsible person for the coal mine a notice mentioned in section 12G (2) relating to the census.","sortOrder":27},{"sectionNumber":"sec.12F","sectionType":"section","heading":"Safety and health census to be given at the end of each reporting period","content":"### sec.12F Safety and health census to be given at the end of each reporting period\n\nThe responsible person for a coal mine must give the CEO, within 20 days after the end of each reporting period, a written notice (a safety and health census ) stating the number of coal mine workers working at the coal mine during the reporting period.\nMaximum penalty—100 penalty units.\nDespite subsection (1) , the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends—\nthe responsible person applies to the CEO in writing to extend the period to give the safety and health census; and\nthe CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.\nIf the responsible person is given notice under subsection (2) (b) , the responsible person must give the CEO the safety and health census before the end of the day stated in the notice for giving the census.\nMaximum penalty—100 penalty units.\nThe safety and health census must be in the approved form.\ns 12F amd 2019 SL No. 221 s 6 ; 2020 SL No. 69 s 24 sch 1\n(sec.12F-ssec.1) The responsible person for a coal mine must give the CEO, within 20 days after the end of each reporting period, a written notice (a safety and health census ) stating the number of coal mine workers working at the coal mine during the reporting period. Maximum penalty—100 penalty units.\n(sec.12F-ssec.2) Despite subsection (1) , the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends— the responsible person applies to the CEO in writing to extend the period to give the safety and health census; and the CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.\n(sec.12F-ssec.3) If the responsible person is given notice under subsection (2) (b) , the responsible person must give the CEO the safety and health census before the end of the day stated in the notice for giving the census. Maximum penalty—100 penalty units.\n(sec.12F-ssec.4) The safety and health census must be in the approved form.\n- (a) the responsible person applies to the CEO in writing to extend the period to give the safety and health census; and\n- (b) the CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose.","sortOrder":28},{"sectionNumber":"sec.12FA","sectionType":"section","heading":"Reporting period for coal mine with 5 or fewer workers","content":"### sec.12FA Reporting period for coal mine with 5 or fewer workers\n\nThis section applies if the number of coal mine workers working at a coal mine is 5 or fewer.\nSubject to subsection (6) , the responsible person for the coal mine may choose to give a safety and health census for the coal mine for a financial year, rather than for each quarter of a financial year.\nThe responsible person for the coal mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the coal mine for an earlier quarter of the financial year.\nSubsection (5) applies if the responsible person for the coal mine—\nchooses to give a safety and health census for the coal mine for a financial year; and\nhas already paid a safety and health fee for the coal mine for an earlier quarter of the financial year.\nThe CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the coal mine using the safety and health census for the financial year.\nThe CEO may, by written notice to the responsible person for the coal mine, require the person to give a safety and health census for the coal mine for each quarter of the current financial year and subsequent financial years.\nThe CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the coal mine.\ns 12FA ins 2019 SL No. 221 s 7\namd 2020 SL No. 69 s 24 sch 1\n(sec.12FA-ssec.1) This section applies if the number of coal mine workers working at a coal mine is 5 or fewer.\n(sec.12FA-ssec.2) Subject to subsection (6) , the responsible person for the coal mine may choose to give a safety and health census for the coal mine for a financial year, rather than for each quarter of a financial year.\n(sec.12FA-ssec.3) The responsible person for the coal mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the coal mine for an earlier quarter of the financial year.\n(sec.12FA-ssec.4) Subsection (5) applies if the responsible person for the coal mine— chooses to give a safety and health census for the coal mine for a financial year; and has already paid a safety and health fee for the coal mine for an earlier quarter of the financial year.\n(sec.12FA-ssec.5) The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the coal mine using the safety and health census for the financial year.\n(sec.12FA-ssec.6) The CEO may, by written notice to the responsible person for the coal mine, require the person to give a safety and health census for the coal mine for each quarter of the current financial year and subsequent financial years.\n(sec.12FA-ssec.7) The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the coal mine.\n- (a) chooses to give a safety and health census for the coal mine for a financial year; and\n- (b) has already paid a safety and health fee for the coal mine for an earlier quarter of the financial year.","sortOrder":29},{"sectionNumber":"sec.12FB","sectionType":"section","heading":"Effect of notice or increase in worker numbers","content":"### sec.12FB Effect of notice or increase in worker numbers\n\nThis section applies if—\nthe responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and\nduring the financial year—\nthe CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or\nthe number of coal mine workers working at the coal mine increases to more than 5.\nDespite section 12C , definition reporting period , the reporting period for the coal mine is each quarter of the financial year.\nThe responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.\nSection 12F applies in relation to a safety and health census mentioned in subsection (3) —\nas if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and\nwith any other necessary changes.\nSection 12H applies in relation to a safety and health census mentioned in subsection (3) —\nas if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and\nwith any other necessary changes.\nSubsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 12FA (7) .\nIf subsection (1) (b) (ii) applies, the responsible person for the coal mine may not choose under section 12FA (2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer.\nIn this section—\nrequired day means—\nif the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or\notherwise—the day that is 20 days after the end of the current quarter.\ns 12FB ins 2019 SL No. 221 s 7\namd 2020 SL No. 69 s 24 sch 1\n(sec.12FB-ssec.1) This section applies if— the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or the number of coal mine workers working at the coal mine increases to more than 5.\n(sec.12FB-ssec.2) Despite section 12C , definition reporting period , the reporting period for the coal mine is each quarter of the financial year.\n(sec.12FB-ssec.3) The responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.\n(sec.12FB-ssec.4) Section 12F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and with any other necessary changes.\n(sec.12FB-ssec.5) Section 12H applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and with any other necessary changes.\n(sec.12FB-ssec.6) Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 12FA (7) .\n(sec.12FB-ssec.7) If subsection (1) (b) (ii) applies, the responsible person for the coal mine may not choose under section 12FA (2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer.\n(sec.12FB-ssec.8) In this section— required day means— if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter.\n- (a) the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and\n- (b) during the financial year— (i) the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or (ii) the number of coal mine workers working at the coal mine increases to more than 5.\n- (i) the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or\n- (ii) the number of coal mine workers working at the coal mine increases to more than 5.\n- (i) the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or\n- (ii) the number of coal mine workers working at the coal mine increases to more than 5.\n- (a) as if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and\n- (b) with any other necessary changes.\n- (a) as if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and\n- (b) with any other necessary changes.\n- (a) if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or\n- (b) otherwise—the day that is 20 days after the end of the current quarter.","sortOrder":30},{"sectionNumber":"sec.12FC","sectionType":"section","heading":"Records of information included in safety and health census","content":"### sec.12FC Records of information included in safety and health census\n\nThis section applies to a responsible person for a coal mine who is required to give the CEO a safety and health census.\nThe responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified.\nMaximum penalty—100 penalty units.\nWithout limiting subsection (2) , the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified—\nthe number of coal mine workers working at the coal mine;\nthe number of full-time coal mine workers, and non full-time coal mine workers, working at the coal mine;\nthe number of hours worked by coal mine workers working at the coal mine.\nThe responsible person must keep the records in a way that—\nenables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and\nenables the CEO to easily verify the accuracy of the information included in the safety and health census.\nMaximum penalty—100 penalty units.\nIf the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records—\nwithin 14 days after the CEO asks for the records; or\nif the CEO agrees in writing with the responsible person to another period—within the other period.\nMaximum penalty—100 penalty units.\nThe responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census.\nMaximum penalty—100 penalty units.\ns 12FC ins 2020 SL No. 69 s 5\n(sec.12FC-ssec.1) This section applies to a responsible person for a coal mine who is required to give the CEO a safety and health census.\n(sec.12FC-ssec.2) The responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified. Maximum penalty—100 penalty units.\n(sec.12FC-ssec.3) Without limiting subsection (2) , the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified— the number of coal mine workers working at the coal mine; the number of full-time coal mine workers, and non full-time coal mine workers, working at the coal mine; the number of hours worked by coal mine workers working at the coal mine.\n(sec.12FC-ssec.4) The responsible person must keep the records in a way that— enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and enables the CEO to easily verify the accuracy of the information included in the safety and health census. Maximum penalty—100 penalty units.\n(sec.12FC-ssec.5) If the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records— within 14 days after the CEO asks for the records; or if the CEO agrees in writing with the responsible person to another period—within the other period. Maximum penalty—100 penalty units.\n(sec.12FC-ssec.6) The responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census. Maximum penalty—100 penalty units.\n- (a) the number of coal mine workers working at the coal mine;\n- (b) the number of full-time coal mine workers, and non full-time coal mine workers, working at the coal mine;\n- (c) the number of hours worked by coal mine workers working at the coal mine.\n- (a) enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and\n- (b) enables the CEO to easily verify the accuracy of the information included in the safety and health census.\n- (a) within 14 days after the CEO asks for the records; or\n- (b) if the CEO agrees in writing with the responsible person to another period—within the other period.","sortOrder":31},{"sectionNumber":"sec.12G","sectionType":"section","heading":"Notice may be given if safety and health census not given or is inadequate","content":"### sec.12G Notice may be given if safety and health census not given or is inadequate\n\nThis section applies if the CEO reasonably believes, based on information available to the CEO, that a responsible person for a coal mine—\nhas not given a safety and health census under section 12F ; or\nhas given an incomplete safety and health census; or\nhas given a safety and health census containing information that is incorrect.\nThe CEO may give the responsible person a notice—\nstating each of the following—\nthe ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person;\nif the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect;\nthe amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine;\nthe facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\ninviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the coal mine should not be invoiced for the amount mentioned in paragraph (a) (iii) .\nThe CEO must consider any submissions given by the responsible person within the period stated in the notice.\nIf, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee.\nSubsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee.\nThe responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.\nSee section 265 of the Act for the recovery of fees.\ns 12G amd 2020 SL No. 69 s 24 sch 1\n(sec.12G-ssec.1) This section applies if the CEO reasonably believes, based on information available to the CEO, that a responsible person for a coal mine— has not given a safety and health census under section 12F ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect.\n(sec.12G-ssec.2) The CEO may give the responsible person a notice— stating each of the following— the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine; the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the coal mine should not be invoiced for the amount mentioned in paragraph (a) (iii) .\n(sec.12G-ssec.3) The CEO must consider any submissions given by the responsible person within the period stated in the notice.\n(sec.12G-ssec.4) If, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee.\n(sec.12G-ssec.5) Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee.\n(sec.12G-ssec.6) The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.\n- (a) has not given a safety and health census under section 12F ; or\n- (b) has given an incomplete safety and health census; or\n- (c) has given a safety and health census containing information that is incorrect.\n- (a) stating each of the following— (i) the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; (ii) if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine; (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\n- (i) the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person;\n- (ii) if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect;\n- (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine;\n- (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\n- (b) inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the coal mine should not be invoiced for the amount mentioned in paragraph (a) (iii) .\n- (i) the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person;\n- (ii) if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect;\n- (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine;\n- (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and","sortOrder":32},{"sectionNumber":"sec.12H","sectionType":"section","heading":"Fee for late safety and health census","content":"### sec.12H Fee for late safety and health census\n\nThis section applies if a responsible person for a coal mine does not give a safety and health census for a reporting period before either or both of the following—\nif the CEO has given the responsible person a notice mentioned in section 12F (2) (b) —the day after the day stated in the notice for giving the safety and health census;\notherwise—the day that is 21 days after the end of the reporting period.\nThe obligation under section 12F to give a safety and health census continues to apply until that section is complied with.\nA late fee applies and is payable as well as any penalty imposed under section 12F (1) or (3) .\nThe amount of the late fee is stated in schedule 8 , part 2 .\ns 12H amd 2019 SL No. 221 s 8 ; 2020 SL No. 69 s 24 sch 1\n(sec.12H-ssec.1) This section applies if a responsible person for a coal mine does not give a safety and health census for a reporting period before either or both of the following— if the CEO has given the responsible person a notice mentioned in section 12F (2) (b) —the day after the day stated in the notice for giving the safety and health census; otherwise—the day that is 21 days after the end of the reporting period.\n(sec.12H-ssec.2) The obligation under section 12F to give a safety and health census continues to apply until that section is complied with.\n(sec.12H-ssec.3) A late fee applies and is payable as well as any penalty imposed under section 12F (1) or (3) .\n(sec.12H-ssec.4) The amount of the late fee is stated in schedule 8 , part 2 .\n- (a) if the CEO has given the responsible person a notice mentioned in section 12F (2) (b) —the day after the day stated in the notice for giving the safety and health census;\n- (b) otherwise—the day that is 21 days after the end of the reporting period.","sortOrder":33},{"sectionNumber":"sec.12I","sectionType":"section","heading":"Interest payable on unpaid fees","content":"### sec.12I Interest payable on unpaid fees\n\nThis section applies if a responsible person for a coal mine does not pay any amount of a safety and health fee under section 12E or 12G .\nThe responsible person must pay interest on the unpaid amount at the rate of 15% a year.\nThe interest must be calculated as simple interest.\nThe interest payable on the unpaid amount may be recovered by the CEO as a debt.\ns 12I amd 2020 SL No. 69 s 24 sch 1\n(sec.12I-ssec.1) This section applies if a responsible person for a coal mine does not pay any amount of a safety and health fee under section 12E or 12G .\n(sec.12I-ssec.2) The responsible person must pay interest on the unpaid amount at the rate of 15% a year.\n(sec.12I-ssec.3) The interest must be calculated as simple interest.\n(sec.12I-ssec.4) The interest payable on the unpaid amount may be recovered by the CEO as a debt.","sortOrder":34},{"sectionNumber":"sec.12J","sectionType":"section","heading":"Refund of overpayment of safety and health fee","content":"### sec.12J Refund of overpayment of safety and health fee\n\nIf a safety and health fee is overpaid by a responsible person for a coal mine, the CEO must refund the amount of the overpayment to the responsible person.\nNo interest is payable on the amount refunded.\ns 12J amd 2020 SL No. 69 s 24 sch 1\n(sec.12J-ssec.1) If a safety and health fee is overpaid by a responsible person for a coal mine, the CEO must refund the amount of the overpayment to the responsible person.\n(sec.12J-ssec.2) No interest is payable on the amount refunded.","sortOrder":35},{"sectionNumber":"ch.2-pt.2B","sectionType":"part","heading":"Election of site safety and health representatives","content":"# Election of site safety and health representatives","sortOrder":36},{"sectionNumber":"sec.12K","sectionType":"section","heading":"Process for conducting election of site safety and health representative— Act , s 98B","content":"### sec.12K Process for conducting election of site safety and health representative— Act , s 98B\n\nFor section 98B (4) (b) and (5) of the Act , the process stated in schedule 1B is prescribed for conducting an election of a site safety and health representative.\ns 12K sub 2024 SL No. 167 s 6","sortOrder":37},{"sectionNumber":"sec.12L","sectionType":"section","heading":null,"content":"### Section sec.12L\n\ns 12L om 2024 SL No. 167 s 7","sortOrder":38},{"sectionNumber":"sec.12M","sectionType":"section","heading":null,"content":"### Section sec.12M\n\ns 12M om 2024 SL No. 167 s 7","sortOrder":39},{"sectionNumber":"sec.12N","sectionType":"section","heading":null,"content":"### Section sec.12N\n\ns 12N om 2024 SL No. 167 s 7","sortOrder":40},{"sectionNumber":"sec.12O","sectionType":"section","heading":null,"content":"### Section sec.12O\n\ns 12O om 2024 SL No. 167 s 7","sortOrder":41},{"sectionNumber":"sec.12P","sectionType":"section","heading":null,"content":"### Section sec.12P\n\ns 12P om 2024 SL No. 167 s 7","sortOrder":42},{"sectionNumber":"sec.12Q","sectionType":"section","heading":null,"content":"### Section sec.12Q\n\ns 12Q om 2024 SL No. 167 s 7","sortOrder":43},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Accidents, high potential incidents, diseases and injuries","content":"# Accidents, high potential incidents, diseases and injuries","sortOrder":44},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 2024 SL No. 167 s 8","sortOrder":45},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Diseases that must be reported— Act , s 198AA","content":"### sec.13A Diseases that must be reported— Act , s 198AA\n\nFor section 198AA (5) of the Act , definition reportable disease , a disease mentioned in schedule 1 is prescribed.\ns 13A amd 2024 SL No. 167 s 9","sortOrder":46},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Exemption from notifying reportable diseases— Act , s 198AA","content":"### sec.13B Exemption from notifying reportable diseases— Act , s 198AA\n\nFor section 198AA (4) of the Act , section 198AA (1) (a) of the Act does not apply in relation to a site senior executive who becomes aware that a person has been diagnosed with a reportable disease if the site senior executive becomes aware through an assessment as defined under section 44 .\ns 13B ins 2024 SL No. 167 s 10","sortOrder":47},{"sectionNumber":"sec.14","sectionType":"section","heading":"Types of serious accidents and high potential incidents— Act , ss 200 and 201","content":"### sec.14 Types of serious accidents and high potential incidents— Act , ss 200 and 201\n\nFor section 200 (1) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 1 , is prescribed.\nFor section 201 (1) (c) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 2 , is prescribed.\n(sec.14-ssec.1) For section 200 (1) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 1 , is prescribed.\n(sec.14-ssec.2) For section 201 (1) (c) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 2 , is prescribed.","sortOrder":48},{"sectionNumber":"sec.15","sectionType":"section","heading":"Investigating accidents and incidents","content":"### sec.15 Investigating accidents and incidents\n\nA coal mine’s safety and health management system must provide for the following—\nthe procedure for investigating accidents and incidents at the mine;\nmaking the investigation findings available to the mine’s coal mine workers;\nimplementing corrective action for accidents and incidents.\nThe procedure for investigating accidents and incidents must include the involvement of—\nfor accidents and incidents in or around the surface excavation at a surface mine—\nthe open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or\nif it is not practicable to involve the open-cut examiner mentioned in subparagraph (i) —another open-cut examiner responsible for the excavation; or\nfor accidents and incidents at an underground mine—\nthe ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or\nif it is not practicable to involve the ERZ controller mentioned in subparagraph (i) —another ERZ controller for the zone.\n(sec.15-ssec.1) A coal mine’s safety and health management system must provide for the following— the procedure for investigating accidents and incidents at the mine; making the investigation findings available to the mine’s coal mine workers; implementing corrective action for accidents and incidents.\n(sec.15-ssec.2) The procedure for investigating accidents and incidents must include the involvement of— for accidents and incidents in or around the surface excavation at a surface mine— the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i) —another open-cut examiner responsible for the excavation; or for accidents and incidents at an underground mine— the ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or if it is not practicable to involve the ERZ controller mentioned in subparagraph (i) —another ERZ controller for the zone.\n- (a) the procedure for investigating accidents and incidents at the mine;\n- (b) making the investigation findings available to the mine’s coal mine workers;\n- (c) implementing corrective action for accidents and incidents.\n- (a) for accidents and incidents in or around the surface excavation at a surface mine— (i) the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or (ii) if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i) —another open-cut examiner responsible for the excavation; or\n- (i) the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or\n- (ii) if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i) —another open-cut examiner responsible for the excavation; or\n- (b) for accidents and incidents at an underground mine— (i) the ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or (ii) if it is not practicable to involve the ERZ controller mentioned in subparagraph (i) —another ERZ controller for the zone.\n- (i) the ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or\n- (ii) if it is not practicable to involve the ERZ controller mentioned in subparagraph (i) —another ERZ controller for the zone.\n- (i) the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or\n- (ii) if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i) —another open-cut examiner responsible for the excavation; or\n- (i) the ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or\n- (ii) if it is not practicable to involve the ERZ controller mentioned in subparagraph (i) —another ERZ controller for the zone.","sortOrder":49},{"sectionNumber":"sec.16","sectionType":"section","heading":"Giving notice of incidents","content":"### sec.16 Giving notice of incidents\n\nThe site senior executive for a coal mine must give an inspector notice, in the approved form, if any of the following incidents happen at the mine—\na person suffers an injury—\nof a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or\nthat prevents the person from carrying out the person’s normal duties at the mine;\na high potential incident not mentioned in paragraph (a) .\nThe notice must be given to the inspector—\nwithin 1 month after the incident happens; or\nif the CEO or chief inspector by notice approves a longer period, of not more than 12 months, within which to give the notice—within the longer period.\nA coal mine’s safety and health management system must include procedures for—\ntelling a site safety and health representative about the things mentioned in section 106 of the Act ; and\ngiving notice to an inspector and industry safety and health representative under section 198 of the Act .\nIn this section—\nnurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student.\ns 16 amd 2018 SL No. 187 s 8 ; 2024 SL No. 167 s 11\n(sec.16-ssec.1) The site senior executive for a coal mine must give an inspector notice, in the approved form, if any of the following incidents happen at the mine— a person suffers an injury— of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or that prevents the person from carrying out the person’s normal duties at the mine; a high potential incident not mentioned in paragraph (a) .\n(sec.16-ssec.2) The notice must be given to the inspector— within 1 month after the incident happens; or if the CEO or chief inspector by notice approves a longer period, of not more than 12 months, within which to give the notice—within the longer period.\n(sec.16-ssec.3) A coal mine’s safety and health management system must include procedures for— telling a site safety and health representative about the things mentioned in section 106 of the Act ; and giving notice to an inspector and industry safety and health representative under section 198 of the Act .\n(sec.16-ssec.4) In this section— nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student.\n- (a) a person suffers an injury— (i) of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or (ii) that prevents the person from carrying out the person’s normal duties at the mine;\n- (i) of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or\n- (ii) that prevents the person from carrying out the person’s normal duties at the mine;\n- (b) a high potential incident not mentioned in paragraph (a) .\n- (i) of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or\n- (ii) that prevents the person from carrying out the person’s normal duties at the mine;\n- (a) within 1 month after the incident happens; or\n- (b) if the CEO or chief inspector by notice approves a longer period, of not more than 12 months, within which to give the notice—within the longer period.\n- (a) telling a site safety and health representative about the things mentioned in section 106 of the Act ; and\n- (b) giving notice to an inspector and industry safety and health representative under section 198 of the Act .","sortOrder":50},{"sectionNumber":"ch.2-pt.3A","sectionType":"part","heading":"Supervisor’s responsibilities","content":"# Supervisor’s responsibilities","sortOrder":51},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Supervisor’s responsibilities","content":"### sec.16A Supervisor’s responsibilities\n\nA supervisor for a coal mine has the following responsibilities—\nensuring each mine worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 85A (2) and 85B ;\nobserving each coal mine worker for whom the supervisor has responsibilities perform tasks;\ncarrying out inspections of workplaces at the coal mine as required under the coal mine’s safety and health management system;\nrecording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record;\nimplementing and monitoring hazard controls and risk controls as required under the coal mine’s safety and health management system.\ns 16A ins 2024 SL No. 167 s 12\n- (a) ensuring each mine worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 85A (2) and 85B ;\n- (b) observing each coal mine worker for whom the supervisor has responsibilities perform tasks;\n- (c) carrying out inspections of workplaces at the coal mine as required under the coal mine’s safety and health management system;\n- (d) recording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record;\n- (e) implementing and monitoring hazard controls and risk controls as required under the coal mine’s safety and health management system.","sortOrder":52},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Electrical activities, equipment and installations","content":"# Electrical activities, equipment and installations","sortOrder":53},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Electrical activities","content":"## Electrical activities","sortOrder":54},{"sectionNumber":"sec.17","sectionType":"section","heading":"Qualifications for appointment as electrical engineering manager","content":"### sec.17 Qualifications for appointment as electrical engineering manager\n\nA person may appoint a person as an electrical engineering manager only if the person has the recognised competencies for controlling and managing the mine’s electrical engineering activities.","sortOrder":55},{"sectionNumber":"sec.18","sectionType":"section","heading":"Duties of electrical engineering manager","content":"### sec.18 Duties of electrical engineering manager\n\nThe duties of an electrical engineering manager include controlling and managing the following at the mine—\nthe design of electrical installations;\nthe installation and maintenance of electrical equipment and electrical installations;\nelectrical work;\nwork carried out close to electrical installations.\n- (a) the design of electrical installations;\n- (b) the installation and maintenance of electrical equipment and electrical installations;\n- (c) electrical work;\n- (d) work carried out close to electrical installations.","sortOrder":56},{"sectionNumber":"sec.19","sectionType":"section","heading":"Duty to give notice of proposed introduction of electricity","content":"### sec.19 Duty to give notice of proposed introduction of electricity\n\nBefore electricity is introduced at a coal mine for use in coal mining operations, or after electricity is permanently disconnected, the site senior executive for the coal mine must notify an inspector of the proposed introduction, or disconnection.","sortOrder":57},{"sectionNumber":"sec.20","sectionType":"section","heading":"Competencies of persons carrying out work on electrical equipment","content":"### sec.20 Competencies of persons carrying out work on electrical equipment\n\nSubject to subsection (2) , only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for explosive atmospheres may carry out the following work at a coal mine—\nelectrical work in an ERZ;\nwork on electrical equipment used in an ERZ;\nwork on extra low voltage systems associated with explosion-protected equipment and installations;\nwork on explosion-protected electrical equipment installed at a surface mine;\nelectrical work in an area, at a surface mine, that a risk assessment shows has an explosion risk.\nOnly a person who has the recognised competency for repairing, overhauling and maintaining an electric drive or other electrical equipment for mobile plant used in underground mines may carry out work on extra low voltage systems associated with mobile plant for an underground mine.\ns 20 amd 2026 SL No. 27 s 3\n(sec.20-ssec.1) Subject to subsection (2) , only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for explosive atmospheres may carry out the following work at a coal mine— electrical work in an ERZ; work on electrical equipment used in an ERZ; work on extra low voltage systems associated with explosion-protected equipment and installations; work on explosion-protected electrical equipment installed at a surface mine; electrical work in an area, at a surface mine, that a risk assessment shows has an explosion risk.\n(sec.20-ssec.2) Only a person who has the recognised competency for repairing, overhauling and maintaining an electric drive or other electrical equipment for mobile plant used in underground mines may carry out work on extra low voltage systems associated with mobile plant for an underground mine.\n- (a) electrical work in an ERZ;\n- (b) work on electrical equipment used in an ERZ;\n- (c) work on extra low voltage systems associated with explosion-protected equipment and installations;\n- (d) work on explosion-protected electrical equipment installed at a surface mine;\n- (e) electrical work in an area, at a surface mine, that a risk assessment shows has an explosion risk.","sortOrder":58},{"sectionNumber":"sec.21","sectionType":"section","heading":"Access to exposed electrical conductors","content":"### sec.21 Access to exposed electrical conductors\n\nA coal mine must have a standard operating procedure for safely accessing exposed electrical conductors at the mine.\nThe procedure must provide for minimising the risk of energising exposed electrical conductors on which work is to be carried out, including, for example, by using—\npersonal locks; or\ndanger tags; or\npersonal locks and danger tags.\nThe procedure must also provide that before work is carried out on an exposed electrical conductor at above extra low voltage the conductor must be—\npositively isolated from the electricity source; and\ntested for zero potential; and\nif the conductor is a high voltage conductor, earthed.\nSubsection (5) applies only to a surface mine and only if—\nit is not practicable to positively isolate the conductor from the electricity source; and\naccess to the conductor is required or work in close proximity to the conductor is required to be carried out.\nThe procedure must also provide that—\na risk assessment, including consideration of high fault currents, must be carried out before the work is carried out; and\nif the risk assessment shows an unacceptable level of risk in carrying out the work with the conductor energised, before the work is carried out, the conductor must be—\npositively isolated from the electricity source; and\ntested for zero potential; and\nif the conductor is a high voltage conductor, earthed.\nIn this section—\nclose proximity , to a conductor, means—\nfor a person—\nfor a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013 ; or\nfor a low voltage conductor—within reach of the conductor; or\nfor plant being used for work near an overhead power line—within the minimum clearances required under AS/NZS 3007;2013.\n(sec.21-ssec.1) A coal mine must have a standard operating procedure for safely accessing exposed electrical conductors at the mine.\n(sec.21-ssec.2) The procedure must provide for minimising the risk of energising exposed electrical conductors on which work is to be carried out, including, for example, by using— personal locks; or danger tags; or personal locks and danger tags.\n(sec.21-ssec.3) The procedure must also provide that before work is carried out on an exposed electrical conductor at above extra low voltage the conductor must be— positively isolated from the electricity source; and tested for zero potential; and if the conductor is a high voltage conductor, earthed.\n(sec.21-ssec.4) Subsection (5) applies only to a surface mine and only if— it is not practicable to positively isolate the conductor from the electricity source; and access to the conductor is required or work in close proximity to the conductor is required to be carried out.\n(sec.21-ssec.5) The procedure must also provide that— a risk assessment, including consideration of high fault currents, must be carried out before the work is carried out; and if the risk assessment shows an unacceptable level of risk in carrying out the work with the conductor energised, before the work is carried out, the conductor must be— positively isolated from the electricity source; and tested for zero potential; and if the conductor is a high voltage conductor, earthed.\n(sec.21-ssec.6) In this section— close proximity , to a conductor, means— for a person— for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013 ; or for a low voltage conductor—within reach of the conductor; or for plant being used for work near an overhead power line—within the minimum clearances required under AS/NZS 3007;2013.\n- (a) personal locks; or\n- (b) danger tags; or\n- (c) personal locks and danger tags.\n- (a) positively isolated from the electricity source; and\n- (b) tested for zero potential; and\n- (c) if the conductor is a high voltage conductor, earthed.\n- (a) it is not practicable to positively isolate the conductor from the electricity source; and\n- (b) access to the conductor is required or work in close proximity to the conductor is required to be carried out.\n- (a) a risk assessment, including consideration of high fault currents, must be carried out before the work is carried out; and\n- (b) if the risk assessment shows an unacceptable level of risk in carrying out the work with the conductor energised, before the work is carried out, the conductor must be— (i) positively isolated from the electricity source; and (ii) tested for zero potential; and (iii) if the conductor is a high voltage conductor, earthed.\n- (i) positively isolated from the electricity source; and\n- (ii) tested for zero potential; and\n- (iii) if the conductor is a high voltage conductor, earthed.\n- (i) positively isolated from the electricity source; and\n- (ii) tested for zero potential; and\n- (iii) if the conductor is a high voltage conductor, earthed.\n- (a) for a person— (i) for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013 ; or (ii) for a low voltage conductor—within reach of the conductor; or\n- (i) for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013 ; or\n- (ii) for a low voltage conductor—within reach of the conductor; or\n- (b) for plant being used for work near an overhead power line—within the minimum clearances required under AS/NZS 3007;2013.\n- (i) for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013 ; or\n- (ii) for a low voltage conductor—within reach of the conductor; or","sortOrder":59},{"sectionNumber":"sec.22","sectionType":"section","heading":"Locating and dealing with electrical faults","content":"### sec.22 Locating and dealing with electrical faults\n\nA coal mine must have a standard operating procedure for re-energising an electrical circuit at the mine that has been switched off by a circuit protection device.\nA person may use electrical energy, other than electrical energy generated from appropriately designed test instruments, for locating, isolating or clearing only the following electrical faults—\nan overload of an electric motor;\nan earth leakage trip associated with an impedance earth circuit;\na 30mA earth leakage trip;\nan earth continuity trip.\n(sec.22-ssec.1) A coal mine must have a standard operating procedure for re-energising an electrical circuit at the mine that has been switched off by a circuit protection device.\n(sec.22-ssec.2) A person may use electrical energy, other than electrical energy generated from appropriately designed test instruments, for locating, isolating or clearing only the following electrical faults— an overload of an electric motor; an earth leakage trip associated with an impedance earth circuit; a 30mA earth leakage trip; an earth continuity trip.\n- (a) an overload of an electric motor;\n- (b) an earth leakage trip associated with an impedance earth circuit;\n- (c) a 30mA earth leakage trip;\n- (d) an earth continuity trip.","sortOrder":60},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Electrical equipment and installations","content":"## Electrical equipment and installations","sortOrder":61},{"sectionNumber":"sec.23","sectionType":"section","heading":"Design, installation and maintenance","content":"### sec.23 Design, installation and maintenance\n\nThe site senior executive for a coal mine must ensure the design, installation and maintenance of electrical equipment and installations at the mine provide for the following—\nreliable circuit interruption, under fault conditions, at all points in the mine’s electrical distribution system;\neach earthing system at the mine to be of sufficiently low impedance to ensure reliable operation of all electrical protection systems and devices and adequate protection against indirect contact;\nlimiting prospective touch voltage, under fault conditions, to within acceptable limits;\nminimising potential impacts from voltage rise caused by lightning strike, static electricity, voltage surges and other transient voltages to within acceptable limits;\npreventing a person inadvertently contacting live parts of equipment or an installation exceeding extra low voltage.\nThe design, installation and maintenance may provide for insulation or an enclosure, shield, interlocking device or automatic disconnection device for the equipment or installation.\n- (a) reliable circuit interruption, under fault conditions, at all points in the mine’s electrical distribution system;\n- (b) each earthing system at the mine to be of sufficiently low impedance to ensure reliable operation of all electrical protection systems and devices and adequate protection against indirect contact;\n- (c) limiting prospective touch voltage, under fault conditions, to within acceptable limits;\n- (d) minimising potential impacts from voltage rise caused by lightning strike, static electricity, voltage surges and other transient voltages to within acceptable limits;\n- (e) preventing a person inadvertently contacting live parts of equipment or an installation exceeding extra low voltage. Example for paragraph (e) — The design, installation and maintenance may provide for insulation or an enclosure, shield, interlocking device or automatic disconnection device for the equipment or installation.","sortOrder":62},{"sectionNumber":"sec.24","sectionType":"section","heading":"Isolators for equipment driven by electricity","content":"### sec.24 Isolators for equipment driven by electricity\n\nA coal mine’s electrical engineering manager must ensure the mine has a full current isolator for equipment driven by electricity at the mine.\nThe electrical engineering manager must ensure—\nthe isolator is—\nclearly identified as the isolator for the equipment; and\nsituated in a location that is easily accessible by a person working on the equipment; and\nthe equipment is clearly identified as being supplied with electricity from the isolator.\nby marking the isolator or equipment, or placing a notice near the isolator or equipment\n(sec.24-ssec.1) A coal mine’s electrical engineering manager must ensure the mine has a full current isolator for equipment driven by electricity at the mine.\n(sec.24-ssec.2) The electrical engineering manager must ensure— the isolator is— clearly identified as the isolator for the equipment; and situated in a location that is easily accessible by a person working on the equipment; and the equipment is clearly identified as being supplied with electricity from the isolator. by marking the isolator or equipment, or placing a notice near the isolator or equipment\n- (a) the isolator is— (i) clearly identified as the isolator for the equipment; and (ii) situated in a location that is easily accessible by a person working on the equipment; and\n- (i) clearly identified as the isolator for the equipment; and\n- (ii) situated in a location that is easily accessible by a person working on the equipment; and\n- (b) the equipment is clearly identified as being supplied with electricity from the isolator.\n- (i) clearly identified as the isolator for the equipment; and\n- (ii) situated in a location that is easily accessible by a person working on the equipment; and","sortOrder":63},{"sectionNumber":"sec.25","sectionType":"section","heading":"Standard for electrical control systems","content":"### sec.25 Standard for electrical control systems\n\nA coal mine’s electrical engineering manager must ensure—\neach electrical control system at the mine operates safely under all operating conditions, including electricity supply instability or failure; and\nif the system suffers a fault or fails, all emergency stopping systems and safety alarms at the mine remain effective.\n- (a) each electrical control system at the mine operates safely under all operating conditions, including electricity supply instability or failure; and\n- (b) if the system suffers a fault or fails, all emergency stopping systems and safety alarms at the mine remain effective.","sortOrder":64},{"sectionNumber":"sec.26","sectionType":"section","heading":"Control circuits","content":"### sec.26 Control circuits\n\nA coal mine’s electrical engineering manager must ensure a control circuit at the mine run externally to an enclosure from which the circuit originates—\nhas a voltage of not more than a nominal voltage of 55V to earth; or\nis protected by earth leakage current protection of not more than 30mA sensitivity; or\nminimises the risk of direct contact and limits prospective touch voltage to within acceptable limits.\nAn underground mine’s electrical engineering manager must ensure a control circuit for the mine is explosion protected, unless the whole circuit is installed and operated in a NERZ.\n(sec.26-ssec.1) A coal mine’s electrical engineering manager must ensure a control circuit at the mine run externally to an enclosure from which the circuit originates— has a voltage of not more than a nominal voltage of 55V to earth; or is protected by earth leakage current protection of not more than 30mA sensitivity; or minimises the risk of direct contact and limits prospective touch voltage to within acceptable limits.\n(sec.26-ssec.3) An underground mine’s electrical engineering manager must ensure a control circuit for the mine is explosion protected, unless the whole circuit is installed and operated in a NERZ.\n- (a) has a voltage of not more than a nominal voltage of 55V to earth; or\n- (b) is protected by earth leakage current protection of not more than 30mA sensitivity; or\n- (c) minimises the risk of direct contact and limits prospective touch voltage to within acceptable limits.","sortOrder":65},{"sectionNumber":"sec.27","sectionType":"section","heading":"Modification of electrical control systems","content":"### sec.27 Modification of electrical control systems\n\nA coal mine’s safety and health management system must—\nprovide for the security and maintenance of the mine’s electrical control system software and control circuits; and\ncontrol modification of the software and circuits; and\nprovide for records to be kept of any modifications.\n- (a) provide for the security and maintenance of the mine’s electrical control system software and control circuits; and\n- (b) control modification of the software and circuits; and\n- (c) provide for records to be kept of any modifications.","sortOrder":66},{"sectionNumber":"sec.28","sectionType":"section","heading":"Electrical protection for power outlets for low voltage electrical equipment","content":"### sec.28 Electrical protection for power outlets for low voltage electrical equipment\n\nA coal mine’s electrical engineering manager must ensure a single-phase power outlet for low voltage electrical equipment at the mine has—\nearth leakage current protection of not more than 30mA sensitivity; or\na device preventing its use by portable electrical equipment.\nSubsection (1) does not apply if the power outlet is the only outlet in an isolated electricity supply.\nIn this section—\nisolated electricity supply means an electricity supply—\nother than the main electricity supply, that is totally insulated from conductive material; or\nthat is—\nsupplied with electricity from the main electricity supply; and\ntotally isolated from the main electricity supply; and\ntotally insulated from earth.\n(sec.28-ssec.1) A coal mine’s electrical engineering manager must ensure a single-phase power outlet for low voltage electrical equipment at the mine has— earth leakage current protection of not more than 30mA sensitivity; or a device preventing its use by portable electrical equipment.\n(sec.28-ssec.2) Subsection (1) does not apply if the power outlet is the only outlet in an isolated electricity supply.\n(sec.28-ssec.3) In this section— isolated electricity supply means an electricity supply— other than the main electricity supply, that is totally insulated from conductive material; or that is— supplied with electricity from the main electricity supply; and totally isolated from the main electricity supply; and totally insulated from earth.\n- (a) earth leakage current protection of not more than 30mA sensitivity; or\n- (b) a device preventing its use by portable electrical equipment.\n- (a) other than the main electricity supply, that is totally insulated from conductive material; or\n- (b) that is— (i) supplied with electricity from the main electricity supply; and (ii) totally isolated from the main electricity supply; and (iii) totally insulated from earth.\n- (i) supplied with electricity from the main electricity supply; and\n- (ii) totally isolated from the main electricity supply; and\n- (iii) totally insulated from earth.\n- (i) supplied with electricity from the main electricity supply; and\n- (ii) totally isolated from the main electricity supply; and\n- (iii) totally insulated from earth.","sortOrder":67},{"sectionNumber":"sec.29","sectionType":"section","heading":"Operating times and tripping current for circuit protection devices","content":"### sec.29 Operating times and tripping current for circuit protection devices\n\nA coal mine’s electrical engineering manager must ensure each circuit protection device at the mine has an appropriate operating time and tripping current, having regard to a risk assessment of the operation of the part of the electrical installation the device protects.\nFor a surface mine, the operating time may allow for a delay in cutting off the electricity supply if—\nthe device is installed to protect a person operating equipment; and\nit is appropriate to allow the person to bring the equipment to rest before the electricity supply is cut; and\nthe person is immediately given a clear warning of the fault.\n(sec.29-ssec.1) A coal mine’s electrical engineering manager must ensure each circuit protection device at the mine has an appropriate operating time and tripping current, having regard to a risk assessment of the operation of the part of the electrical installation the device protects.\n(sec.29-ssec.2) For a surface mine, the operating time may allow for a delay in cutting off the electricity supply if— the device is installed to protect a person operating equipment; and it is appropriate to allow the person to bring the equipment to rest before the electricity supply is cut; and the person is immediately given a clear warning of the fault.\n- (a) the device is installed to protect a person operating equipment; and\n- (b) it is appropriate to allow the person to bring the equipment to rest before the electricity supply is cut; and\n- (c) the person is immediately given a clear warning of the fault.","sortOrder":68},{"sectionNumber":"sec.30","sectionType":"section","heading":"Changing electrical protection settings","content":"### sec.30 Changing electrical protection settings\n\nA person must not change an electrical protection setting for a circuit protection device at a coal mine, unless the person is authorised to make the change by the electrical engineering manager for the mine.\nIn this section—\nelectrical protection setting , for a circuit protection device, means the current, voltage or operating time at which the device is set to trip when the device detects an electrical fault in the circuit.\n(sec.30-ssec.1) A person must not change an electrical protection setting for a circuit protection device at a coal mine, unless the person is authorised to make the change by the electrical engineering manager for the mine.\n(sec.30-ssec.2) In this section— electrical protection setting , for a circuit protection device, means the current, voltage or operating time at which the device is set to trip when the device detects an electrical fault in the circuit.","sortOrder":69},{"sectionNumber":"sec.31","sectionType":"section","heading":"Unearthed electrical installations","content":"### sec.31 Unearthed electrical installations\n\nA coal mine’s electrical engineering manager must ensure an unearthed electrical installation at the mine has earth fault detection and control.\nSubsection (1) does not apply to a single-phase 240V generator of less than 25kW capacity at a surface mine.\n(sec.31-ssec.1) A coal mine’s electrical engineering manager must ensure an unearthed electrical installation at the mine has earth fault detection and control.\n(sec.31-ssec.2) Subsection (1) does not apply to a single-phase 240V generator of less than 25kW capacity at a surface mine.","sortOrder":70},{"sectionNumber":"sec.32","sectionType":"section","heading":"Drawings of electrical installations","content":"### sec.32 Drawings of electrical installations\n\nThe site senior executive for a coal mine must ensure up-to-date drawings of the mine’s electrical installations are available for use at the mine when electrical equipment and electrical installations are commissioned or modified.\nThe drawings must be updated as soon as practicable, but not later than 8 days, after—\nthe commissioning of any electrical equipment or electrical installation at the mine; or\nany major modification to electrical equipment or an electrical installation at the mine.\nThe drawings must be kept in a location that is easily accessible by each coal mine worker authorised by an electrical supervisor or the coal mine’s electrical engineering manager to access the drawings.\n(sec.32-ssec.1) The site senior executive for a coal mine must ensure up-to-date drawings of the mine’s electrical installations are available for use at the mine when electrical equipment and electrical installations are commissioned or modified.\n(sec.32-ssec.2) The drawings must be updated as soon as practicable, but not later than 8 days, after— the commissioning of any electrical equipment or electrical installation at the mine; or any major modification to electrical equipment or an electrical installation at the mine.\n(sec.32-ssec.3) The drawings must be kept in a location that is easily accessible by each coal mine worker authorised by an electrical supervisor or the coal mine’s electrical engineering manager to access the drawings.\n- (a) the commissioning of any electrical equipment or electrical installation at the mine; or\n- (b) any major modification to electrical equipment or an electrical installation at the mine.","sortOrder":71},{"sectionNumber":"sec.33","sectionType":"section","heading":"Plan of coal mine’s communication system and main electrical installation","content":"### sec.33 Plan of coal mine’s communication system and main electrical installation\n\nThe site senior executive for a coal mine must ensure the mine has a plan of the mine’s main electrical installation showing the following—\nthe location of each main electricity reticulation line;\nthe location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard;\nany information required to perform switching programs;\nfor a surface mine—the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable.\nThe site senior executive for an underground mine must also ensure the mine has a plan of its communication system showing the location of each fixed communication device at the mine.\nFor an underground mine, the scale of each plan under this section must be 1:5000.\nA plan under this section must be updated as soon as practicable, but not later than 8 days after—\nfor a plan of the communication system—the installation or removal of a communication device; or\nfor a plan of the main electrical installation—the relocation, removal or installation of a thing mentioned in subsection (1) (a) , (b) or (d) .\nThe site senior executive for a coal mine must ensure each plan is kept in a location at the mine that is easily accessible by each coal mine worker authorised by an electrical supervisor or the mine’s electrical engineering manager to access the plan.\n(sec.33-ssec.1) The site senior executive for a coal mine must ensure the mine has a plan of the mine’s main electrical installation showing the following— the location of each main electricity reticulation line; the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard; any information required to perform switching programs; for a surface mine—the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable.\n(sec.33-ssec.2) The site senior executive for an underground mine must also ensure the mine has a plan of its communication system showing the location of each fixed communication device at the mine.\n(sec.33-ssec.3) For an underground mine, the scale of each plan under this section must be 1:5000.\n(sec.33-ssec.4) A plan under this section must be updated as soon as practicable, but not later than 8 days after— for a plan of the communication system—the installation or removal of a communication device; or for a plan of the main electrical installation—the relocation, removal or installation of a thing mentioned in subsection (1) (a) , (b) or (d) .\n(sec.33-ssec.5) The site senior executive for a coal mine must ensure each plan is kept in a location at the mine that is easily accessible by each coal mine worker authorised by an electrical supervisor or the mine’s electrical engineering manager to access the plan.\n- (a) the location of each main electricity reticulation line;\n- (b) the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard;\n- (c) any information required to perform switching programs;\n- (d) for a surface mine—the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable.\n- (a) for a plan of the communication system—the installation or removal of a communication device; or\n- (b) for a plan of the main electrical installation—the relocation, removal or installation of a thing mentioned in subsection (1) (a) , (b) or (d) .","sortOrder":72},{"sectionNumber":"sec.34","sectionType":"section","heading":"Records","content":"### sec.34 Records\n\nA coal mine’s electrical engineering manager or, if there is no electrical engineering manager for the mine, the site senior executive for the mine, must ensure a record of the following matters about the mine’s electrical activities, equipment and installations is kept at the mine—\nfor each electrical installation—\nits electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and\nits commissioning dates and results; and\nits monitoring and test dates and results;\nfor each item of electrical equipment—\nits commissioning dates and results; and\nits monitoring and test dates and results;\nfor each item of electrical safety equipment used—\nits description; and\nits test dates and results;\nthe name of each person appointed—\nto control and manage the mine’s electrical engineering activities; or\nto carry out electrical work and electrical activities;\nthe name of each person authorised to enter an electrical operating area;\nthe activity each person mentioned in paragraph (e) is authorised to carry out in the operating area.\nIn this section—\nelectrical operating area means an area or enclosure in which electrical equipment or an electrical installation is housed.\nelectrical safety equipment includes an instrument for testing electrical equipment, a ladder, a safety harness, an insulating tool and insulating gloves.\n(sec.34-ssec.1) A coal mine’s electrical engineering manager or, if there is no electrical engineering manager for the mine, the site senior executive for the mine, must ensure a record of the following matters about the mine’s electrical activities, equipment and installations is kept at the mine— for each electrical installation— its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and its commissioning dates and results; and its monitoring and test dates and results; for each item of electrical equipment— its commissioning dates and results; and its monitoring and test dates and results; for each item of electrical safety equipment used— its description; and its test dates and results; the name of each person appointed— to control and manage the mine’s electrical engineering activities; or to carry out electrical work and electrical activities; the name of each person authorised to enter an electrical operating area; the activity each person mentioned in paragraph (e) is authorised to carry out in the operating area.\n(sec.34-ssec.2) In this section— electrical operating area means an area or enclosure in which electrical equipment or an electrical installation is housed. electrical safety equipment includes an instrument for testing electrical equipment, a ladder, a safety harness, an insulating tool and insulating gloves.\n- (a) for each electrical installation— (i) its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and (ii) its commissioning dates and results; and (iii) its monitoring and test dates and results;\n- (i) its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and\n- (ii) its commissioning dates and results; and\n- (iii) its monitoring and test dates and results;\n- (b) for each item of electrical equipment— (i) its commissioning dates and results; and (ii) its monitoring and test dates and results;\n- (i) its commissioning dates and results; and\n- (ii) its monitoring and test dates and results;\n- (c) for each item of electrical safety equipment used— (i) its description; and (ii) its test dates and results;\n- (i) its description; and\n- (ii) its test dates and results;\n- (d) the name of each person appointed— (i) to control and manage the mine’s electrical engineering activities; or (ii) to carry out electrical work and electrical activities;\n- (i) to control and manage the mine’s electrical engineering activities; or\n- (ii) to carry out electrical work and electrical activities;\n- (e) the name of each person authorised to enter an electrical operating area;\n- (f) the activity each person mentioned in paragraph (e) is authorised to carry out in the operating area.\n- (i) its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and\n- (ii) its commissioning dates and results; and\n- (iii) its monitoring and test dates and results;\n- (i) its commissioning dates and results; and\n- (ii) its monitoring and test dates and results;\n- (i) its description; and\n- (ii) its test dates and results;\n- (i) to control and manage the mine’s electrical engineering activities; or\n- (ii) to carry out electrical work and electrical activities;","sortOrder":73},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Emergencies","content":"# Emergencies","sortOrder":74},{"sectionNumber":"sec.35","sectionType":"section","heading":"General","content":"### sec.35 General\n\nA coal mine’s safety and health management system must provide for managing emergencies at the mine.\nThe system must provide for the following—\nidentifying, by risk assessment, potential emergency situations;\nminimising risks associated with potential emergency situations;\ncarrying out aided rescue and self-escape of persons from the mine in an emergency;\ncarrying out emergency exercises, including testing the effectiveness of emergency management procedures and the readiness and fitness of equipment for use in an emergency;\nauditing and reviewing the emergency exercises;\nif the mine is a surface mine—involving an open-cut examiner for the mine in—\ndeveloping and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and\nauditing the documentation for the procedures;\nif the mine is an underground mine—involving an ERZ controller for the mine in—\ndeveloping and testing the emergency management procedures for explosion risk zones; and\nauditing the documentation for the procedures.\n(sec.35-ssec.1) A coal mine’s safety and health management system must provide for managing emergencies at the mine.\n(sec.35-ssec.2) The system must provide for the following— identifying, by risk assessment, potential emergency situations; minimising risks associated with potential emergency situations; carrying out aided rescue and self-escape of persons from the mine in an emergency; carrying out emergency exercises, including testing the effectiveness of emergency management procedures and the readiness and fitness of equipment for use in an emergency; auditing and reviewing the emergency exercises; if the mine is a surface mine—involving an open-cut examiner for the mine in— developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and auditing the documentation for the procedures; if the mine is an underground mine—involving an ERZ controller for the mine in— developing and testing the emergency management procedures for explosion risk zones; and auditing the documentation for the procedures.\n- (a) identifying, by risk assessment, potential emergency situations;\n- (b) minimising risks associated with potential emergency situations;\n- (c) carrying out aided rescue and self-escape of persons from the mine in an emergency;\n- (d) carrying out emergency exercises, including testing the effectiveness of emergency management procedures and the readiness and fitness of equipment for use in an emergency;\n- (e) auditing and reviewing the emergency exercises;\n- (f) if the mine is a surface mine—involving an open-cut examiner for the mine in— (i) developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and (ii) auditing the documentation for the procedures;\n- (i) developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and\n- (ii) auditing the documentation for the procedures;\n- (g) if the mine is an underground mine—involving an ERZ controller for the mine in— (i) developing and testing the emergency management procedures for explosion risk zones; and (ii) auditing the documentation for the procedures.\n- (i) developing and testing the emergency management procedures for explosion risk zones; and\n- (ii) auditing the documentation for the procedures.\n- (i) developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and\n- (ii) auditing the documentation for the procedures;\n- (i) developing and testing the emergency management procedures for explosion risk zones; and\n- (ii) auditing the documentation for the procedures.","sortOrder":75},{"sectionNumber":"sec.36","sectionType":"section","heading":"Visitors’ self-escape","content":"### sec.36 Visitors’ self-escape\n\nThe site senior executive for a coal mine must ensure a visitor does not enter an operating area at the mine unless—\nthe visitor’s fitness level is assessed in an appropriate way, including, for example, by a questionnaire, to decide if the visitor’s fitness level is adequate to allow the visitor to self-escape from the area; and\nhaving regard to conditions prevailing in the area, the visitor’s fitness level is adequate for the self-escape; and\npersonal protective equipment given to the visitor for the self-escape fits the visitor.\n- (a) the visitor’s fitness level is assessed in an appropriate way, including, for example, by a questionnaire, to decide if the visitor’s fitness level is adequate to allow the visitor to self-escape from the area; and\n- (b) having regard to conditions prevailing in the area, the visitor’s fitness level is adequate for the self-escape; and\n- (c) personal protective equipment given to the visitor for the self-escape fits the visitor.","sortOrder":76},{"sectionNumber":"sec.37","sectionType":"section","heading":"Fire","content":"### sec.37 Fire\n\nA coal mine’s safety and health management system must provide for the following at the mine—\nfire prevention and control;\nan effective fire fighting capability;\nthe safety of persons fighting fires;\na risk assessment to identify all potential fire hazards at the mine.\nThe system must also provide for the following—\nthe availability at the mine, at all times, of equipment that is appropriate and sufficient to extinguish any potential fire identified by the risk assessment;\nthe location of portable fire extinguishers on or near equipment and installations identified as potential fire hazards by the risk assessment;\nthe compatibility, throughout the mine, of all fire fighting equipment.\nThe coal mine must have a standard operating procedure for action to be taken when a fire is discovered at the mine.\n(sec.37-ssec.1) A coal mine’s safety and health management system must provide for the following at the mine— fire prevention and control; an effective fire fighting capability; the safety of persons fighting fires; a risk assessment to identify all potential fire hazards at the mine.\n(sec.37-ssec.2) The system must also provide for the following— the availability at the mine, at all times, of equipment that is appropriate and sufficient to extinguish any potential fire identified by the risk assessment; the location of portable fire extinguishers on or near equipment and installations identified as potential fire hazards by the risk assessment; the compatibility, throughout the mine, of all fire fighting equipment.\n(sec.37-ssec.3) The coal mine must have a standard operating procedure for action to be taken when a fire is discovered at the mine.\n- (a) fire prevention and control;\n- (b) an effective fire fighting capability;\n- (c) the safety of persons fighting fires;\n- (d) a risk assessment to identify all potential fire hazards at the mine.\n- (a) the availability at the mine, at all times, of equipment that is appropriate and sufficient to extinguish any potential fire identified by the risk assessment;\n- (b) the location of portable fire extinguishers on or near equipment and installations identified as potential fire hazards by the risk assessment;\n- (c) the compatibility, throughout the mine, of all fire fighting equipment.","sortOrder":77},{"sectionNumber":"sec.38","sectionType":"section","heading":"First aid","content":"### sec.38 First aid\n\nA coal mine’s safety and health management system must provide for first aid at the mine.\nThe system must provide for the following—\nthe supply and placement of first aid supplies and equipment, including supplies and equipment required for emergencies, based on a risk assessment;\nappropriate first aid training, including refresher training, emphasising the safety of the person giving first aid as well as the safety of the person receiving first aid;\nthe availability of a sufficient number of persons competent in giving first aid.\nFor accidents involving electricity, the mine must have a standard operating procedure for the following—\nreleasing a person from an energised low and high voltage conductor;\nresuscitating a person in an electrical environment;\nmanaging a person’s flash burn injuries.\n(sec.38-ssec.1) A coal mine’s safety and health management system must provide for first aid at the mine.\n(sec.38-ssec.2) The system must provide for the following— the supply and placement of first aid supplies and equipment, including supplies and equipment required for emergencies, based on a risk assessment; appropriate first aid training, including refresher training, emphasising the safety of the person giving first aid as well as the safety of the person receiving first aid; the availability of a sufficient number of persons competent in giving first aid.\n(sec.38-ssec.3) For accidents involving electricity, the mine must have a standard operating procedure for the following— releasing a person from an energised low and high voltage conductor; resuscitating a person in an electrical environment; managing a person’s flash burn injuries.\n- (a) the supply and placement of first aid supplies and equipment, including supplies and equipment required for emergencies, based on a risk assessment;\n- (b) appropriate first aid training, including refresher training, emphasising the safety of the person giving first aid as well as the safety of the person receiving first aid;\n- (c) the availability of a sufficient number of persons competent in giving first aid.\n- (a) releasing a person from an energised low and high voltage conductor;\n- (b) resuscitating a person in an electrical environment;\n- (c) managing a person’s flash burn injuries.","sortOrder":78},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Fitness for work","content":"# Fitness for work","sortOrder":79},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":80},{"sectionNumber":"sec.39","sectionType":"section","heading":"Consuming alcohol","content":"### sec.39 Consuming alcohol\n\nA person must not consume alcohol at a coal mine other than in an accommodation building or a recreation area designated by the mine’s site senior executive for the purpose.","sortOrder":81},{"sectionNumber":"sec.40","sectionType":"section","heading":"Carrying out an activity, or entering a place, while under the influence of alcohol","content":"### sec.40 Carrying out an activity, or entering a place, while under the influence of alcohol\n\nA person must not carry out a work activity at a coal mine, or enter a part of the mine where on-site activities are carried on, if the person is under the influence of alcohol.","sortOrder":82},{"sectionNumber":"sec.41","sectionType":"section","heading":"Safety and health management system for alcohol","content":"### sec.41 Safety and health management system for alcohol\n\nA coal mine’s safety and health management system must provide for controlling risks at the mine associated with the excessive consumption of alcohol.\nThe system must provide for the following about alcohol consumption for persons at the mine—\nan education program;\nan employee assistance program;\nthe following assessments to decide a person’s fitness for work—\nvoluntary self-testing;\nrandom testing before starting work;\ntesting the person if someone else reasonably suspects the person is under the influence of alcohol.\nIn developing the fitness provisions, the site senior executive for the mine must comply with section 10 , other than section 10 (1) (a) , as if—\na reference in the section to a standard operating procedure were a reference to the fitness provisions; and\na reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.\nIn this section—\nfitness provisions means the part of the safety and health management system that provides for the things mentioned in subsection (2) .\n(sec.41-ssec.1) A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the excessive consumption of alcohol.\n(sec.41-ssec.2) The system must provide for the following about alcohol consumption for persons at the mine— an education program; an employee assistance program; the following assessments to decide a person’s fitness for work— voluntary self-testing; random testing before starting work; testing the person if someone else reasonably suspects the person is under the influence of alcohol.\n(sec.41-ssec.3) In developing the fitness provisions, the site senior executive for the mine must comply with section 10 , other than section 10 (1) (a) , as if— a reference in the section to a standard operating procedure were a reference to the fitness provisions; and a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.\n(sec.41-ssec.4) In this section— fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsection (2) .\n- (a) an education program;\n- (b) an employee assistance program;\n- (c) the following assessments to decide a person’s fitness for work— (i) voluntary self-testing; (ii) random testing before starting work; (iii) testing the person if someone else reasonably suspects the person is under the influence of alcohol.\n- (i) voluntary self-testing;\n- (ii) random testing before starting work;\n- (iii) testing the person if someone else reasonably suspects the person is under the influence of alcohol.\n- (i) voluntary self-testing;\n- (ii) random testing before starting work;\n- (iii) testing the person if someone else reasonably suspects the person is under the influence of alcohol.\n- (a) a reference in the section to a standard operating procedure were a reference to the fitness provisions; and\n- (b) a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.","sortOrder":83},{"sectionNumber":"sec.42","sectionType":"section","heading":"Safety and health management system for personal fatigue and other physical and psychological impairment, and drugs","content":"### sec.42 Safety and health management system for personal fatigue and other physical and psychological impairment, and drugs\n\nA coal mine’s safety and health management system must provide for controlling risks at the mine associated with the following—\npersonal fatigue;\nother physical or psychological impairment;\nan impairment caused by stress or illness\nthe improper use of drugs.\nThe system must provide for the following about personal fatigue for persons at the mine—\nan education program;\nan employee assistance program;\nthe maximum number of hours for a working shift;\nthe number and length of rest breaks in a shift;\nthe maximum number of hours to be worked in a week or roster cycle.\nThe system must provide for protocols for other physical and psychological impairment for persons at the mine.\nThe system must provide for the following about drug consumption or ingestion for persons at the mine—\nan education program;\nan employee assistance program;\nan obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine;\nan obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c) ;\nthe following assessments to decide a person’s fitness for work—\nvoluntary self-testing;\nrandom testing before starting, or during, work;\ntesting the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.\nThe site senior executive must consult with a cross-section of coal mine workers at the mine in developing the fitness provisions.\nIn developing the fitness provisions, the site senior executive must comply with section 10 , other than section 10 (1) (a) and (d) (ii) (C) , as if a reference in the section to a standard operating procedure were a reference to the fitness provisions.\nIf the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (a) or (b) , the site senior executive must establish the criteria for the assessment in agreement with a majority of coal mine workers at the mine.\nIf the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (c) , the site senior executive must make a reasonable attempt to establish the criteria for the assessment in agreement with a majority of workers at the mine.\nIf the majority of workers at the mine disagree with the criteria for the assessment under subsection (7) , the criteria for assessment stated in a recognised standard apply until an agreement is reached.\nIn this section—\nfitness provisions means the part of the safety and health management system that provides for the things mentioned in subsections (2) to (4) .\n(sec.42-ssec.1) A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the following— personal fatigue; other physical or psychological impairment; an impairment caused by stress or illness the improper use of drugs.\n(sec.42-ssec.2) The system must provide for the following about personal fatigue for persons at the mine— an education program; an employee assistance program; the maximum number of hours for a working shift; the number and length of rest breaks in a shift; the maximum number of hours to be worked in a week or roster cycle.\n(sec.42-ssec.3) The system must provide for protocols for other physical and psychological impairment for persons at the mine.\n(sec.42-ssec.4) The system must provide for the following about drug consumption or ingestion for persons at the mine— an education program; an employee assistance program; an obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine; an obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c) ; the following assessments to decide a person’s fitness for work— voluntary self-testing; random testing before starting, or during, work; testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.\n(sec.42-ssec.5) The site senior executive must consult with a cross-section of coal mine workers at the mine in developing the fitness provisions.\n(sec.42-ssec.6) In developing the fitness provisions, the site senior executive must comply with section 10 , other than section 10 (1) (a) and (d) (ii) (C) , as if a reference in the section to a standard operating procedure were a reference to the fitness provisions.\n(sec.42-ssec.6A) If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (a) or (b) , the site senior executive must establish the criteria for the assessment in agreement with a majority of coal mine workers at the mine.\n(sec.42-ssec.7) If the fitness provisions provide for the assessment of coal mine workers for a matter mentioned in subsection (1) (c) , the site senior executive must make a reasonable attempt to establish the criteria for the assessment in agreement with a majority of workers at the mine.\n(sec.42-ssec.7A) If the majority of workers at the mine disagree with the criteria for the assessment under subsection (7) , the criteria for assessment stated in a recognised standard apply until an agreement is reached.\n(sec.42-ssec.8) In this section— fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsections (2) to (4) .\n- (a) personal fatigue;\n- (b) other physical or psychological impairment; Example of other physical or psychological impairment— an impairment caused by stress or illness\n- (c) the improper use of drugs.\n- (a) an education program;\n- (b) an employee assistance program;\n- (c) the maximum number of hours for a working shift;\n- (d) the number and length of rest breaks in a shift;\n- (e) the maximum number of hours to be worked in a week or roster cycle.\n- (a) an education program;\n- (b) an employee assistance program;\n- (c) an obligation of a person to notify the site senior executive for the mine of the person’s current use of medication that could impair the person’s ability to carry out the person’s duties at the mine;\n- (d) an obligation of the site senior executive to keep a record of a notification given to the site senior executive under paragraph (c) ;\n- (e) the following assessments to decide a person’s fitness for work— (i) voluntary self-testing; (ii) random testing before starting, or during, work; (iii) testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.\n- (i) voluntary self-testing;\n- (ii) random testing before starting, or during, work;\n- (iii) testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.\n- (i) voluntary self-testing;\n- (ii) random testing before starting, or during, work;\n- (iii) testing the person if someone else reasonably suspects the person’s ability to carry out the person’s duties at the mine is impaired because the person is under the influence of drugs.","sortOrder":84},{"sectionNumber":"sec.43","sectionType":"section","heading":"Dealing with records and information about a person’s fitness for work","content":"### sec.43 Dealing with records and information about a person’s fitness for work\n\nThe site senior executive for a coal mine must ensure information and records about a person’s fitness for work obtained under sections 41 and 42 —\nare used only for deciding the person’s fitness for work at the mine; and\nare destroyed—\nfor an employee of a regular contractor—18 months after the employee ceases to work at the mine; or\nfor an employee of another contractor or coal mine operator—when the employee ceases to be employed by the other contractor or operator.\n- (a) are used only for deciding the person’s fitness for work at the mine; and\n- (b) are destroyed— (i) for an employee of a regular contractor—18 months after the employee ceases to work at the mine; or (ii) for an employee of another contractor or coal mine operator—when the employee ceases to be employed by the other contractor or operator.\n- (i) for an employee of a regular contractor—18 months after the employee ceases to work at the mine; or\n- (ii) for an employee of another contractor or coal mine operator—when the employee ceases to be employed by the other contractor or operator.\n- (i) for an employee of a regular contractor—18 months after the employee ceases to work at the mine; or\n- (ii) for an employee of another contractor or coal mine operator—when the employee ceases to be employed by the other contractor or operator.","sortOrder":85},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":"Coal mine workers’ health scheme","content":"## Coal mine workers’ health scheme","sortOrder":86},{"sectionNumber":"sec.44","sectionType":"section","heading":"Definitions for division","content":"### sec.44 Definitions for division\n\nIn this division—\nappointed medical adviser see section 45 (1) (a) .\napproved examining doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H (1) (a) is in force.\napproved provider , for a scheme function, means an entity for whom an approval under subdivision 3B for the scheme function is in force.\napproved supervising doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H (1) (b) is in force.\nassessment means—\na health assessment; or\na subsequent assessment; or\na further health assessment; or\nan exit assessment; or\na former worker assessment.\nchest examination means—\nan examination of chest expansion; and\nauscultation.\nchest x-ray examination means an examination of an x-ray taken of a person’s chest—\nto screen for indications of pneumoconioses or other respiratory diseases; and\nperformed in compliance with the ILO guidelines.\ns 44 def chest x-ray examination amd 2020 SL No. 108 s 4 (2)\ncoal mine worker does not include a coal mine worker carrying out a low risk task at a coal mine.\ncomparative assessment , of a person’s spirometry, means a comparison of the results of the person’s spirometry with the results of the person’s previous spirometries for the purpose of identifying trends.\nexit assessment means—\nan exit assessment under section 49A (2) ; or\na medical examination under section 49B (1) .\nformer worker see section 49C .\nformer worker assessment see section 49D (1) .\nfurther health assessment see section 48 (2) (a) .\nfurther reading , of an x-ray taken of a person’s chest, means an examination of the x-ray—\nto screen for indications of pneumoconioses or other respiratory diseases; and\nperformed in compliance with the ILO guidelines; and\nperformed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.\ns 44 def further reading amd 2020 SL No. 108 s 4 (2)\nhealth assessment means—\na health assessment under section 46 (1) ; or\na medical examination under section 46B (4) .\nILO guidelines means the guidelines called ‘Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses’ published by the International Labour Organization.\nThe ILO guidelines are available at the International Labour Organization’s website.\ns 44 def ILO guidelines sub 2020 SL No. 108 s 4 (1)\ninformation notice , for a decision, means a written notice stating the following information—\nthe decision;\nthe reasons for the decision;\nSee the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.\nthat the person to whom the notice is given may ask for a review of the decision under section 49T .\nlow risk task means a task shown by a risk assessment to create a risk that is so minimal it can be managed effectively without requiring the worker to undergo a health assessment.\nrelevant medical specialist , for a coal mine worker, means a specialist registrant under the Health Practitioner Regulation National Law for a branch of medicine relevant to the worker’s medical condition.\nreport , in relation to an assessment, means a report on the outcome of the assessment that is—\nfor a health assessment, subsequent assessment or exit assessment—completed by the appointed medical adviser carrying out or supervising the assessment as part of the approved form for the assessment; or\nfor a further health assessment—completed by the doctor or relevant medical specialist carrying out the assessment; or\nfor a former worker assessment—completed by the doctor supervising the assessment as part of the approved form for the assessment.\nreview report see section 48A (1) (b) .\nscheme function means a function in relation to which an entity may apply for an approval under section 49H .\nsubsequent assessment see section 46B (3) .\ns 44 sub 2018 SL No. 102 s 8\n- (a) a health assessment; or\n- (b) a subsequent assessment; or\n- (c) a further health assessment; or\n- (d) an exit assessment; or\n- (e) a former worker assessment.\n- (a) an examination of chest expansion; and\n- (b) auscultation.\n- (a) to screen for indications of pneumoconioses or other respiratory diseases; and\n- (b) performed in compliance with the ILO guidelines.\n- (a) an exit assessment under section 49A (2) ; or\n- (b) a medical examination under section 49B (1) .\n- (a) to screen for indications of pneumoconioses or other respiratory diseases; and\n- (b) performed in compliance with the ILO guidelines; and\n- (c) performed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.\n- (a) a health assessment under section 46 (1) ; or\n- (b) a medical examination under section 46B (4) .\n- (a) the decision;\n- (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.\n- (c) that the person to whom the notice is given may ask for a review of the decision under section 49T .\n- (a) for a health assessment, subsequent assessment or exit assessment—completed by the appointed medical adviser carrying out or supervising the assessment as part of the approved form for the assessment; or\n- (b) for a further health assessment—completed by the doctor or relevant medical specialist carrying out the assessment; or\n- (c) for a former worker assessment—completed by the doctor supervising the assessment as part of the approved form for the assessment.","sortOrder":87},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Purpose of division","content":"### sec.44A Purpose of division\n\nThis division establishes a scheme to protect coal mine workers from adverse health effects of mining hazards that may cause ill health.\nThe scheme includes—\nproviding for respiratory health screening of coal mine workers for the early detection of coal mine dust lung disease; and\nensuring coal mine workers who have respiratory abnormalities are referred for diagnosis and management, including, for example, reduction in further exposure to coal mine dust; and\ncollecting, analysing, and reporting on health surveillance data to monitor trends in coal mine dust lung disease and to inform reviews of dust exposure levels and occupational dust exposure limits for coal mines.\nIn this section—\ncoal mine worker includes a former worker.\ns 44A ins 2018 SL No. 102 s 4\namd 2018 SL No. 102 s 9\n(sec.44A-ssec.1) This division establishes a scheme to protect coal mine workers from adverse health effects of mining hazards that may cause ill health.\n(sec.44A-ssec.2) The scheme includes— providing for respiratory health screening of coal mine workers for the early detection of coal mine dust lung disease; and ensuring coal mine workers who have respiratory abnormalities are referred for diagnosis and management, including, for example, reduction in further exposure to coal mine dust; and collecting, analysing, and reporting on health surveillance data to monitor trends in coal mine dust lung disease and to inform reviews of dust exposure levels and occupational dust exposure limits for coal mines.\n(sec.44A-ssec.3) In this section— coal mine worker includes a former worker.\n- (a) providing for respiratory health screening of coal mine workers for the early detection of coal mine dust lung disease; and\n- (b) ensuring coal mine workers who have respiratory abnormalities are referred for diagnosis and management, including, for example, reduction in further exposure to coal mine dust; and\n- (c) collecting, analysing, and reporting on health surveillance data to monitor trends in coal mine dust lung disease and to inform reviews of dust exposure levels and occupational dust exposure limits for coal mines.","sortOrder":88},{"sectionNumber":"sec.45","sectionType":"section","heading":"Employer must appoint medical adviser","content":"### sec.45 Employer must appoint medical adviser\n\nAn employer of coal mine workers must—\nappoint, in writing, a doctor who is an approved supervising doctor (the appointed medical adviser ) to supervise and report on—\nhealth assessments for persons to be employed, or employed, by the employer as a coal mine worker; and\nexit assessments for persons employed by the employer who permanently retire from working as a coal mine worker; and\ngive notice to the CEO of the appointment, including the appointed medical adviser’s name and contact details, as soon as practicable after the appointment; and\nif the appointment ends—give notice to the CEO of the ending of the appointment as soon as practicable after the appointment ends.\nThe employer must include in the contract appointing the appointed medical adviser an obligation on the adviser to discuss, and give advice about, appropriate duties for a coal mine worker, under subsection (3) .\nThe discussions must be held with, and the advice given to—\nthe employer; and\nthe coal mine worker or the worker’s representative.\nThe employer must also include in the contract an obligation on the appointed medical adviser, if asked by a coal mine worker, to discuss the worker’s health assessment with another doctor appointed by the worker.\ns 45 amd 2018 SL No. 102 s 11; 2020 SL No. 69 s 24 sch 1\n(sec.45-ssec.1) An employer of coal mine workers must— appoint, in writing, a doctor who is an approved supervising doctor (the appointed medical adviser ) to supervise and report on— health assessments for persons to be employed, or employed, by the employer as a coal mine worker; and exit assessments for persons employed by the employer who permanently retire from working as a coal mine worker; and give notice to the CEO of the appointment, including the appointed medical adviser’s name and contact details, as soon as practicable after the appointment; and if the appointment ends—give notice to the CEO of the ending of the appointment as soon as practicable after the appointment ends.\n(sec.45-ssec.2) The employer must include in the contract appointing the appointed medical adviser an obligation on the adviser to discuss, and give advice about, appropriate duties for a coal mine worker, under subsection (3) .\n(sec.45-ssec.3) The discussions must be held with, and the advice given to— the employer; and the coal mine worker or the worker’s representative.\n(sec.45-ssec.4) The employer must also include in the contract an obligation on the appointed medical adviser, if asked by a coal mine worker, to discuss the worker’s health assessment with another doctor appointed by the worker.\n- (a) appoint, in writing, a doctor who is an approved supervising doctor (the appointed medical adviser ) to supervise and report on— (i) health assessments for persons to be employed, or employed, by the employer as a coal mine worker; and (ii) exit assessments for persons employed by the employer who permanently retire from working as a coal mine worker; and\n- (i) health assessments for persons to be employed, or employed, by the employer as a coal mine worker; and\n- (ii) exit assessments for persons employed by the employer who permanently retire from working as a coal mine worker; and\n- (b) give notice to the CEO of the appointment, including the appointed medical adviser’s name and contact details, as soon as practicable after the appointment; and\n- (c) if the appointment ends—give notice to the CEO of the ending of the appointment as soon as practicable after the appointment ends.\n- (i) health assessments for persons to be employed, or employed, by the employer as a coal mine worker; and\n- (ii) exit assessments for persons employed by the employer who permanently retire from working as a coal mine worker; and\n- (a) the employer; and\n- (b) the coal mine worker or the worker’s representative.","sortOrder":89},{"sectionNumber":"sec.46","sectionType":"section","heading":"Employer must arrange for health assessment","content":"### sec.46 Employer must arrange for health assessment\n\nAn employer of coal mine workers must ensure an assessment (a health assessment ) is carried out for each person to be employed, or employed, by the employer as a coal mine worker.\nThe health assessment must be carried out—\nfor a person to be employed as a coal mine worker—before the person is employed as a coal mine worker; and\nfor a person employed as a coal mine worker—within the period, of no more than 5 years after the last health assessment was carried out for the person, decided by the employer’s appointed medical adviser.\nThe employer must arrange for the health assessment to be carried out by, or under the supervision of, the employer’s appointed medical adviser.\nIn deciding a period under subsection (2) (b) , the appointed medical adviser must have regard to a notice given to the adviser under section 49 (3) .\ns 46 sub 2018 SL No. 102 s 13\n(sec.46-ssec.1) An employer of coal mine workers must ensure an assessment (a health assessment ) is carried out for each person to be employed, or employed, by the employer as a coal mine worker.\n(sec.46-ssec.2) The health assessment must be carried out— for a person to be employed as a coal mine worker—before the person is employed as a coal mine worker; and for a person employed as a coal mine worker—within the period, of no more than 5 years after the last health assessment was carried out for the person, decided by the employer’s appointed medical adviser.\n(sec.46-ssec.3) The employer must arrange for the health assessment to be carried out by, or under the supervision of, the employer’s appointed medical adviser.\n(sec.46-ssec.4) In deciding a period under subsection (2) (b) , the appointed medical adviser must have regard to a notice given to the adviser under section 49 (3) .\n- (a) for a person to be employed as a coal mine worker—before the person is employed as a coal mine worker; and\n- (b) for a person employed as a coal mine worker—within the period, of no more than 5 years after the last health assessment was carried out for the person, decided by the employer’s appointed medical adviser.","sortOrder":90},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Content of health assessment","content":"### sec.46A Content of health assessment\n\nA health assessment for a person must be carried out—\nin compliance with all instructions stated in the approved form; and\nby the employer’s appointed medical adviser or an approved examining doctor; and\nif the health assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.\nThe approved form must include provision for the following to be carried out for the person—\na chest examination;\na spirometry—\nif the person is not yet employed as a coal mine worker; or\nif the person is a coal mine worker—at least once every 5 years;\na comparative assessment of the person’s spirometry if—\na spirometry is required under paragraph (b) ; and\nthe results of 1 or more previous spirometries for the person are in the possession of the CEO or appointed medical adviser;\na chest x-ray examination—\nif the person is not yet employed as a coal mine worker; or\nif the person is a coal mine worker—at least once every 5 years;\na further reading of the chest x-ray the subject of the examination required under paragraph (d) .\ns 46A amd 2018 SL No. 102 s 5\nsub 2018 SL No. 102 s 13\namd 2020 SL No. 69 s 24 sch 1\n(sec.46A-ssec.1) A health assessment for a person must be carried out— in compliance with all instructions stated in the approved form; and by the employer’s appointed medical adviser or an approved examining doctor; and if the health assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.\n(sec.46A-ssec.2) The approved form must include provision for the following to be carried out for the person— a chest examination; a spirometry— if the person is not yet employed as a coal mine worker; or if the person is a coal mine worker—at least once every 5 years; a comparative assessment of the person’s spirometry if— a spirometry is required under paragraph (b) ; and the results of 1 or more previous spirometries for the person are in the possession of the CEO or appointed medical adviser; a chest x-ray examination— if the person is not yet employed as a coal mine worker; or if the person is a coal mine worker—at least once every 5 years; a further reading of the chest x-ray the subject of the examination required under paragraph (d) . s 46A amd 2018 SL No. 102 s 5 sub 2018 SL No. 102 s 13 amd 2020 SL No. 69 s 24 sch 1\n- (a) in compliance with all instructions stated in the approved form; and\n- (b) by the employer’s appointed medical adviser or an approved examining doctor; and\n- (c) if the health assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.\n- (a) a chest examination;\n- (b) a spirometry— (i) if the person is not yet employed as a coal mine worker; or (ii) if the person is a coal mine worker—at least once every 5 years;\n- (i) if the person is not yet employed as a coal mine worker; or\n- (ii) if the person is a coal mine worker—at least once every 5 years;\n- (c) a comparative assessment of the person’s spirometry if— (i) a spirometry is required under paragraph (b) ; and (ii) the results of 1 or more previous spirometries for the person are in the possession of the CEO or appointed medical adviser;\n- (i) a spirometry is required under paragraph (b) ; and\n- (ii) the results of 1 or more previous spirometries for the person are in the possession of the CEO or appointed medical adviser;\n- (d) a chest x-ray examination— (i) if the person is not yet employed as a coal mine worker; or (ii) if the person is a coal mine worker—at least once every 5 years;\n- (i) if the person is not yet employed as a coal mine worker; or\n- (ii) if the person is a coal mine worker—at least once every 5 years;\n- (e) a further reading of the chest x-ray the subject of the examination required under paragraph (d) .\n- (i) if the person is not yet employed as a coal mine worker; or\n- (ii) if the person is a coal mine worker—at least once every 5 years;\n- (i) a spirometry is required under paragraph (b) ; and\n- (ii) the results of 1 or more previous spirometries for the person are in the possession of the CEO or appointed medical adviser;\n- (i) if the person is not yet employed as a coal mine worker; or\n- (ii) if the person is a coal mine worker—at least once every 5 years;","sortOrder":91},{"sectionNumber":"sec.46B","sectionType":"section","heading":"Other matters about health assessments","content":"### sec.46B Other matters about health assessments\n\nThis section applies despite section 46A .\nA health assessment may include matters not covered in the health assessment approved form if—\na risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and\nhaving regard to the risk assessment, the appointed medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.\nAlso, a person may undergo a health assessment (a subsequent assessment ) in compliance with some of the instructions only, and covering some of the matters only, in the health assessment approved form if—\nthe person has previously undergone a health assessment; and\nthe subsequent assessment relates to a particular matter identified by the previous assessment; and\nthe subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b) .\nA medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be a health assessment carried out by the appointed medical adviser under section 46A if—\nboth of the following apply—\nthe medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form;\nthe appointed medical adviser gives the employer a health assessment report about the examination; or\nthe medical examination is for another purpose and the appointed medical adviser—\nis satisfied the examination is equivalent to a health assessment; and\ngives the employer a health assessment report about the examination.\nIn this section—\nhealth assessment approved form means the approved form under section 46A .\ns 46B amd 2018 SL No. 102 s 14\n(sec.46B-ssec.1) This section applies despite section 46A .\n(sec.46B-ssec.2) A health assessment may include matters not covered in the health assessment approved form if— a risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and having regard to the risk assessment, the appointed medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.\n(sec.46B-ssec.3) Also, a person may undergo a health assessment (a subsequent assessment ) in compliance with some of the instructions only, and covering some of the matters only, in the health assessment approved form if— the person has previously undergone a health assessment; and the subsequent assessment relates to a particular matter identified by the previous assessment; and the subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b) .\n(sec.46B-ssec.4) A medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be a health assessment carried out by the appointed medical adviser under section 46A if— both of the following apply— the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form; the appointed medical adviser gives the employer a health assessment report about the examination; or the medical examination is for another purpose and the appointed medical adviser— is satisfied the examination is equivalent to a health assessment; and gives the employer a health assessment report about the examination.\n(sec.46B-ssec.5) In this section— health assessment approved form means the approved form under section 46A . s 46B amd 2018 SL No. 102 s 14\n- (a) a risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and\n- (b) having regard to the risk assessment, the appointed medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.\n- (a) the person has previously undergone a health assessment; and\n- (b) the subsequent assessment relates to a particular matter identified by the previous assessment; and\n- (c) the subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b) .\n- (a) both of the following apply— (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form; (ii) the appointed medical adviser gives the employer a health assessment report about the examination; or\n- (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form;\n- (ii) the appointed medical adviser gives the employer a health assessment report about the examination; or\n- (b) the medical examination is for another purpose and the appointed medical adviser— (i) is satisfied the examination is equivalent to a health assessment; and (ii) gives the employer a health assessment report about the examination.\n- (i) is satisfied the examination is equivalent to a health assessment; and\n- (ii) gives the employer a health assessment report about the examination.\n- (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form;\n- (ii) the appointed medical adviser gives the employer a health assessment report about the examination; or\n- (i) is satisfied the examination is equivalent to a health assessment; and\n- (ii) gives the employer a health assessment report about the examination.","sortOrder":92},{"sectionNumber":"sec.47","sectionType":"section","heading":"Employer’s responsibility for health assessment","content":"### sec.47 Employer’s responsibility for health assessment\n\nAn employer of coal mine workers must, for each health assessment for a person, ensure the appointed medical adviser—\ngives a copy of the health assessment report to—\nthe person; and\nthe employer; and\nexplains the health assessment report to—\nthe person or the person’s representative; and\nif requested by the person—another doctor nominated by the person; and\nif requested by the employer and agreed to by the person—the employer, in the presence of the person.\nThe employer must pay for—\nthe health assessment; and\nif the person has a subsequent assessment—the subsequent assessment; and\nthe giving of the copies and explanations of the report under subsection (1) .\nMaximum penalty—100 penalty units.\nSubsection (2) is not a safety and health obligation for the Act .\nNothing in this division makes the employer responsible for the treatment of any physical or medical condition of the person to whom the report relates.\ns 47 amd 2018 SL No. 102 s 15\n(sec.47-ssec.1) An employer of coal mine workers must, for each health assessment for a person, ensure the appointed medical adviser— gives a copy of the health assessment report to— the person; and the employer; and explains the health assessment report to— the person or the person’s representative; and if requested by the person—another doctor nominated by the person; and if requested by the employer and agreed to by the person—the employer, in the presence of the person.\n(sec.47-ssec.2) The employer must pay for— the health assessment; and if the person has a subsequent assessment—the subsequent assessment; and the giving of the copies and explanations of the report under subsection (1) . Maximum penalty—100 penalty units.\n(sec.47-ssec.3) Subsection (2) is not a safety and health obligation for the Act .\n(sec.47-ssec.4) Nothing in this division makes the employer responsible for the treatment of any physical or medical condition of the person to whom the report relates.\n- (a) gives a copy of the health assessment report to— (i) the person; and (ii) the employer; and\n- (i) the person; and\n- (ii) the employer; and\n- (b) explains the health assessment report to— (i) the person or the person’s representative; and (ii) if requested by the person—another doctor nominated by the person; and (iii) if requested by the employer and agreed to by the person—the employer, in the presence of the person.\n- (i) the person or the person’s representative; and\n- (ii) if requested by the person—another doctor nominated by the person; and\n- (iii) if requested by the employer and agreed to by the person—the employer, in the presence of the person.\n- (i) the person; and\n- (ii) the employer; and\n- (i) the person or the person’s representative; and\n- (ii) if requested by the person—another doctor nominated by the person; and\n- (iii) if requested by the employer and agreed to by the person—the employer, in the presence of the person.\n- (a) the health assessment; and\n- (b) if the person has a subsequent assessment—the subsequent assessment; and\n- (c) the giving of the copies and explanations of the report under subsection (1) .","sortOrder":93},{"sectionNumber":"sec.48","sectionType":"section","heading":"Reviewing health assessment report","content":"### sec.48 Reviewing health assessment report\n\nThis section applies if the employer is given a health assessment report (the original health assessment report ) about a coal mine worker showing the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.\nBefore taking action to terminate the coal mine worker’s employment or demote the worker, the employer must give—\nthe worker a reasonable opportunity to undergo an assessment (a further health assessment ) supervised by either of the following chosen by the worker—\na doctor who is an approved supervising doctor;\na relevant medical specialist; and\nthe doctor or relevant medical specialist chosen by the worker details of the worker’s tasks.\nIf section 48A applies in relation to a coal mine worker, section 48A (6) also imposes restrictions on the termination or demotion of the worker.\nSubsection (4) applies if the worker—\nundergoes the further health assessment; and\ngives the employer a report about the assessment (the further health assessment report ), signed by the doctor or relevant medical specialist who supervised the assessment.\nThe employer must—\ngive the appointed medical adviser who gave the employer the original health assessment report a copy of the further health assessment report; and\nask the appointed medical adviser to—\nreview the original health assessment report having regard to the further health assessment report; and\ngive a report about the review to the employer and worker.\nThe worker must pay for the further health assessment.\ns 48 amd 2018 SL No. 102 s 16\n(sec.48-ssec.1) This section applies if the employer is given a health assessment report (the original health assessment report ) about a coal mine worker showing the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.\n(sec.48-ssec.2) Before taking action to terminate the coal mine worker’s employment or demote the worker, the employer must give— the worker a reasonable opportunity to undergo an assessment (a further health assessment ) supervised by either of the following chosen by the worker— a doctor who is an approved supervising doctor; a relevant medical specialist; and the doctor or relevant medical specialist chosen by the worker details of the worker’s tasks. If section 48A applies in relation to a coal mine worker, section 48A (6) also imposes restrictions on the termination or demotion of the worker.\n(sec.48-ssec.3) Subsection (4) applies if the worker— undergoes the further health assessment; and gives the employer a report about the assessment (the further health assessment report ), signed by the doctor or relevant medical specialist who supervised the assessment.\n(sec.48-ssec.4) The employer must— give the appointed medical adviser who gave the employer the original health assessment report a copy of the further health assessment report; and ask the appointed medical adviser to— review the original health assessment report having regard to the further health assessment report; and give a report about the review to the employer and worker.\n(sec.48-ssec.5) The worker must pay for the further health assessment.\n- (a) the worker a reasonable opportunity to undergo an assessment (a further health assessment ) supervised by either of the following chosen by the worker— (i) a doctor who is an approved supervising doctor; (ii) a relevant medical specialist; and\n- (i) a doctor who is an approved supervising doctor;\n- (ii) a relevant medical specialist; and\n- (b) the doctor or relevant medical specialist chosen by the worker details of the worker’s tasks.\n- (i) a doctor who is an approved supervising doctor;\n- (ii) a relevant medical specialist; and\n- (a) undergoes the further health assessment; and\n- (b) gives the employer a report about the assessment (the further health assessment report ), signed by the doctor or relevant medical specialist who supervised the assessment.\n- (a) give the appointed medical adviser who gave the employer the original health assessment report a copy of the further health assessment report; and\n- (b) ask the appointed medical adviser to— (i) review the original health assessment report having regard to the further health assessment report; and (ii) give a report about the review to the employer and worker.\n- (i) review the original health assessment report having regard to the further health assessment report; and\n- (ii) give a report about the review to the employer and worker.\n- (i) review the original health assessment report having regard to the further health assessment report; and\n- (ii) give a report about the review to the employer and worker.","sortOrder":94},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Conflicting health assessment reports","content":"### sec.48A Conflicting health assessment reports\n\nThis section applies if—\na health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and\nthe worker or the employer, within 28 days after being given a report under section 48 (4) (b) (ii) (the review report ), gives assessment documents for the worker to the CEO and—\nif the worker gives the documents—the employer; or\nif the employer gives the documents—the worker.\nThe CEO must appoint a relevant medical specialist to prepare a report (a final report ) after the relevant medical specialist—\nreviews—\na copy of the approved form completed for the health assessment under section 46A ; and\nthe further health assessment report; and\nthe review report; and\nif the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports.\nThe relevant medical specialist must not be the person who prepared the health assessment report or the further health assessment report in relation to the worker.\nThe CEO must give a copy of the final report to the worker and the employer.\nThe CEO must pay for—\nthe preparation of the final report; and\nany assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report.\nThe employer may take action to terminate the worker’s employment or demote the worker only if—\nthe relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2) (b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or\nthe final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.\nIn this section—\nassessment documents , about a conflict relating to a worker, means the following documents—\na notice about the conflict;\na copy of the health assessment report, further health assessment report and review report prepared in relation to the worker.\ns 48A amd 2018 SL No. 102 s 17; 2020 SL No. 69 s 24 sch 1\n(sec.48A-ssec.1) This section applies if— a health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and the worker or the employer, within 28 days after being given a report under section 48 (4) (b) (ii) (the review report ), gives assessment documents for the worker to the CEO and— if the worker gives the documents—the employer; or if the employer gives the documents—the worker.\n(sec.48A-ssec.2) The CEO must appoint a relevant medical specialist to prepare a report (a final report ) after the relevant medical specialist— reviews— a copy of the approved form completed for the health assessment under section 46A ; and the further health assessment report; and the review report; and if the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports.\n(sec.48A-ssec.3) The relevant medical specialist must not be the person who prepared the health assessment report or the further health assessment report in relation to the worker.\n(sec.48A-ssec.4) The CEO must give a copy of the final report to the worker and the employer.\n(sec.48A-ssec.5) The CEO must pay for— the preparation of the final report; and any assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report.\n(sec.48A-ssec.6) The employer may take action to terminate the worker’s employment or demote the worker only if— the relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2) (b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or the final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.\n(sec.48A-ssec.7) In this section— assessment documents , about a conflict relating to a worker, means the following documents— a notice about the conflict; a copy of the health assessment report, further health assessment report and review report prepared in relation to the worker. s 48A amd 2018 SL No. 102 s 17; 2020 SL No. 69 s 24 sch 1\n- (a) a health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and\n- (b) the worker or the employer, within 28 days after being given a report under section 48 (4) (b) (ii) (the review report ), gives assessment documents for the worker to the CEO and— (i) if the worker gives the documents—the employer; or (ii) if the employer gives the documents—the worker.\n- (i) if the worker gives the documents—the employer; or\n- (ii) if the employer gives the documents—the worker.\n- (i) if the worker gives the documents—the employer; or\n- (ii) if the employer gives the documents—the worker.\n- (a) reviews— (i) a copy of the approved form completed for the health assessment under section 46A ; and (ii) the further health assessment report; and (iii) the review report; and\n- (i) a copy of the approved form completed for the health assessment under section 46A ; and\n- (ii) the further health assessment report; and\n- (iii) the review report; and\n- (b) if the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports.\n- (i) a copy of the approved form completed for the health assessment under section 46A ; and\n- (ii) the further health assessment report; and\n- (iii) the review report; and\n- (a) the preparation of the final report; and\n- (b) any assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report.\n- (a) the relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2) (b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or\n- (b) the final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.\n- (a) a notice about the conflict;\n- (b) a copy of the health assessment report, further health assessment report and review report prepared in relation to the worker.","sortOrder":95},{"sectionNumber":"sec.49","sectionType":"section","heading":"Monitoring for workers’ exposure to hazards","content":"### sec.49 Monitoring for workers’ exposure to hazards\n\nA coal mine’s safety and health management system must provide for periodic monitoring of the level of risk from hazards at the mine that are likely to create an unacceptable level of risk.\nThe system must also provide for notice of any appreciable increase in the level of risk to a coal mine worker at the mine to be given to the worker’s employer.\nAn employer who is given a notice under subsection (2) must give a copy of the notice to the employer’s appointed medical adviser.\nAn employer must ensure that, if a coal mine worker employed by the employer is exposed to a hazard at a coal mine that may increase the level of risk to the worker, the worker’s exposure to the hazard is periodically monitored to assess the level of risk to the worker.\nIn this section—\nrisk means a risk likely to affect a person’s health.\ns 49 amd 2018 SL No. 102 s 18\n(sec.49-ssec.1) A coal mine’s safety and health management system must provide for periodic monitoring of the level of risk from hazards at the mine that are likely to create an unacceptable level of risk.\n(sec.49-ssec.2) The system must also provide for notice of any appreciable increase in the level of risk to a coal mine worker at the mine to be given to the worker’s employer.\n(sec.49-ssec.3) An employer who is given a notice under subsection (2) must give a copy of the notice to the employer’s appointed medical adviser.\n(sec.49-ssec.4) An employer must ensure that, if a coal mine worker employed by the employer is exposed to a hazard at a coal mine that may increase the level of risk to the worker, the worker’s exposure to the hazard is periodically monitored to assess the level of risk to the worker.\n(sec.49-ssec.5) In this section— risk means a risk likely to affect a person’s health. s 49 amd 2018 SL No. 102 s 18","sortOrder":96},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Request for exit assessment","content":"### sec.49A Request for exit assessment\n\nThis section applies to a person who permanently retires from working as a coal mine worker.\nThe person may ask the employer for an assessment (an exit assessment ) to be carried out—\nduring the 6 month period that begins 3 months before the person retires; and\nat a time, or times, during that period when the person is available for the assessment.\nIf a person asks for an exit assessment under subsection (2) , the employer must—\narrange for the exit assessment to be carried out within the period mentioned in subsection (2) (a) ; and\nask the appointed medical adviser to give—\na copy of the exit assessment report to the employer; and\na copy and explanation of the exit assessment report to the person; and\nensure, before an explanation of the exit assessment report from the appointed medical adviser is given to the employer, the person agrees to the explanation being given and is present.\nAn exit assessment must be carried out—\nin compliance with all instructions stated in the approved form; and\nby the employer’s appointed medical adviser or an approved examining doctor; and\nif the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.\nThis section does not apply if the person—\nworked as a coal mine worker for less than 3 years; or\nhad, during the 3 years before the person retired, a health assessment that complied with section 46A and included—\na chest examination; and\na spirometry; and\nif the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and\na chest x-ray examination; and\na further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .\ns 49A amd 2018 SL No. 102 s 19 ; 2020 SL No. 69 s 24 sch 1\n(sec.49A-ssec.1) This section applies to a person who permanently retires from working as a coal mine worker.\n(sec.49A-ssec.2) The person may ask the employer for an assessment (an exit assessment ) to be carried out— during the 6 month period that begins 3 months before the person retires; and at a time, or times, during that period when the person is available for the assessment.\n(sec.49A-ssec.3) If a person asks for an exit assessment under subsection (2) , the employer must— arrange for the exit assessment to be carried out within the period mentioned in subsection (2) (a) ; and ask the appointed medical adviser to give— a copy of the exit assessment report to the employer; and a copy and explanation of the exit assessment report to the person; and ensure, before an explanation of the exit assessment report from the appointed medical adviser is given to the employer, the person agrees to the explanation being given and is present.\n(sec.49A-ssec.4) An exit assessment must be carried out— in compliance with all instructions stated in the approved form; and by the employer’s appointed medical adviser or an approved examining doctor; and if the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.\n(sec.49A-ssec.5) This section does not apply if the person— worked as a coal mine worker for less than 3 years; or had, during the 3 years before the person retired, a health assessment that complied with section 46A and included— a chest examination; and a spirometry; and if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and a chest x-ray examination; and a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) . s 49A amd 2018 SL No. 102 s 19 ; 2020 SL No. 69 s 24 sch 1\n- (a) during the 6 month period that begins 3 months before the person retires; and\n- (b) at a time, or times, during that period when the person is available for the assessment.\n- (a) arrange for the exit assessment to be carried out within the period mentioned in subsection (2) (a) ; and\n- (b) ask the appointed medical adviser to give— (i) a copy of the exit assessment report to the employer; and (ii) a copy and explanation of the exit assessment report to the person; and\n- (i) a copy of the exit assessment report to the employer; and\n- (ii) a copy and explanation of the exit assessment report to the person; and\n- (c) ensure, before an explanation of the exit assessment report from the appointed medical adviser is given to the employer, the person agrees to the explanation being given and is present.\n- (i) a copy of the exit assessment report to the employer; and\n- (ii) a copy and explanation of the exit assessment report to the person; and\n- (a) in compliance with all instructions stated in the approved form; and\n- (b) by the employer’s appointed medical adviser or an approved examining doctor; and\n- (c) if the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.\n- (a) worked as a coal mine worker for less than 3 years; or\n- (b) had, during the 3 years before the person retired, a health assessment that complied with section 46A and included— (i) a chest examination; and (ii) a spirometry; and (iii) if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and (iv) a chest x-ray examination; and (v) a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .\n- (i) a chest examination; and\n- (ii) a spirometry; and\n- (iii) if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and\n- (iv) a chest x-ray examination; and\n- (v) a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .\n- (i) a chest examination; and\n- (ii) a spirometry; and\n- (iii) if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and\n- (iv) a chest x-ray examination; and\n- (v) a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .","sortOrder":97},{"sectionNumber":"sec.49B","sectionType":"section","heading":"Other matters about exit assessments","content":"### sec.49B Other matters about exit assessments\n\nA medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be an exit assessment carried out by the appointed medical adviser under section 49A if—\nboth of the following apply—\nthe medical examination is carried out in compliance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A (4) (a) ;\nthe appointed medical adviser gives the employer an exit assessment report about the examination; or\nthe medical examination is for another purpose and the appointed medical adviser—\nis satisfied the examination is equivalent to an exit assessment; and\ngives the employer an exit assessment report about the examination.\nThe employer must pay for—\nthe exit assessment; and\nthe giving of the copy and explanation of the report under section 49A (3) (b) .\nMaximum penalty—100 penalty units.\nSubsection (2) is not a safety and health obligation for the Act .\ns 49B amd 2018 SL No. 102 s 20\n(sec.49B-ssec.1) A medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be an exit assessment carried out by the appointed medical adviser under section 49A if— both of the following apply— the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A (4) (a) ; the appointed medical adviser gives the employer an exit assessment report about the examination; or the medical examination is for another purpose and the appointed medical adviser— is satisfied the examination is equivalent to an exit assessment; and gives the employer an exit assessment report about the examination.\n(sec.49B-ssec.2) The employer must pay for— the exit assessment; and the giving of the copy and explanation of the report under section 49A (3) (b) . Maximum penalty—100 penalty units.\n(sec.49B-ssec.3) Subsection (2) is not a safety and health obligation for the Act .\n- (a) both of the following apply— (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A (4) (a) ; (ii) the appointed medical adviser gives the employer an exit assessment report about the examination; or\n- (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A (4) (a) ;\n- (ii) the appointed medical adviser gives the employer an exit assessment report about the examination; or\n- (b) the medical examination is for another purpose and the appointed medical adviser— (i) is satisfied the examination is equivalent to an exit assessment; and (ii) gives the employer an exit assessment report about the examination.\n- (i) is satisfied the examination is equivalent to an exit assessment; and\n- (ii) gives the employer an exit assessment report about the examination.\n- (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the approved form mentioned in section 49A (4) (a) ;\n- (ii) the appointed medical adviser gives the employer an exit assessment report about the examination; or\n- (i) is satisfied the examination is equivalent to an exit assessment; and\n- (ii) gives the employer an exit assessment report about the examination.\n- (a) the exit assessment; and\n- (b) the giving of the copy and explanation of the report under section 49A (3) (b) .","sortOrder":98},{"sectionNumber":"sec.49BA","sectionType":"section","heading":"Delaying part of health assessment or exit assessment","content":"### sec.49BA Delaying part of health assessment or exit assessment\n\nThis section applies if an appointed medical adviser considers the risk to any person from delaying an examination to be lower than the risk to the person undergoing the examination of an adverse health effect of the examination.\nAn appointed medical adviser may consider the risk to a pregnant coal mine worker from delaying a chest x-ray examination to be lower than the risk to the worker of an adverse health effect of the examination.\nDespite sections 46 (2) and 49A (3) (a) , the examination may be carried out up to 1 year after the period provided for in those provisions.\nIf an examination is delayed under subsection (2) , the last health assessment or exit assessment is taken to have been carried out at the time of the examinations that were not delayed.\nIn this section—\nexamination means an examination forming part of a health assessment or exit assessment.\nrisk , to a person, includes a risk to an unborn child of the person.\ns 49BA ins 2020 SL No. 108 s 5\n(sec.49BA-ssec.1) This section applies if an appointed medical adviser considers the risk to any person from delaying an examination to be lower than the risk to the person undergoing the examination of an adverse health effect of the examination. An appointed medical adviser may consider the risk to a pregnant coal mine worker from delaying a chest x-ray examination to be lower than the risk to the worker of an adverse health effect of the examination.\n(sec.49BA-ssec.2) Despite sections 46 (2) and 49A (3) (a) , the examination may be carried out up to 1 year after the period provided for in those provisions.\n(sec.49BA-ssec.3) If an examination is delayed under subsection (2) , the last health assessment or exit assessment is taken to have been carried out at the time of the examinations that were not delayed.\n(sec.49BA-ssec.4) In this section— examination means an examination forming part of a health assessment or exit assessment. risk , to a person, includes a risk to an unborn child of the person.","sortOrder":99},{"sectionNumber":"sec.49C","sectionType":"section","heading":"Application of subdivision","content":"### sec.49C Application of subdivision\n\nThis subdivision applies to a person (a former worker ) who—\nwas a coal mine worker for at least 3 years; and\nhas permanently stopped being a coal mine worker.\ns 49C ins 2018 SL No. 102 s 21\n- (a) was a coal mine worker for at least 3 years; and\n- (b) has permanently stopped being a coal mine worker.","sortOrder":100},{"sectionNumber":"sec.49D","sectionType":"section","heading":"Request for former worker assessment","content":"### sec.49D Request for former worker assessment\n\nThe former worker may ask the CEO for an assessment of the health of the worker (a former worker assessment ).\nHowever, a former worker may not ask for a former worker assessment until at least 5 years after the former worker’s most recent assessment.\nSubsection (2) does not apply if—\nthe report for the former worker’s most recent assessment recommends a former worker assessment be carried out within a shorter period; or\nthe former worker gives the CEO a medical certificate signed by a doctor stating the worker has symptoms that may indicate a respiratory disease caused by exposure to coal dust.\ns 49D ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49D-ssec.1) The former worker may ask the CEO for an assessment of the health of the worker (a former worker assessment ).\n(sec.49D-ssec.2) However, a former worker may not ask for a former worker assessment until at least 5 years after the former worker’s most recent assessment.\n(sec.49D-ssec.3) Subsection (2) does not apply if— the report for the former worker’s most recent assessment recommends a former worker assessment be carried out within a shorter period; or the former worker gives the CEO a medical certificate signed by a doctor stating the worker has symptoms that may indicate a respiratory disease caused by exposure to coal dust. s 49D ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1\n- (a) the report for the former worker’s most recent assessment recommends a former worker assessment be carried out within a shorter period; or\n- (b) the former worker gives the CEO a medical certificate signed by a doctor stating the worker has symptoms that may indicate a respiratory disease caused by exposure to coal dust.","sortOrder":101},{"sectionNumber":"sec.49E","sectionType":"section","heading":"CEO must arrange for former worker assessment","content":"### sec.49E CEO must arrange for former worker assessment\n\nThe CEO must, as soon as practicable after receiving the request, arrange for a former worker assessment to be carried out by—\nan approved supervising doctor; or\nan approved examining doctor.\nIf the former worker assessment is carried out by an approved examining doctor, the CEO must arrange for the assessment to be supervised by an approved supervising doctor.\ns 49E ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49E-ssec.1) The CEO must, as soon as practicable after receiving the request, arrange for a former worker assessment to be carried out by— an approved supervising doctor; or an approved examining doctor.\n(sec.49E-ssec.2) If the former worker assessment is carried out by an approved examining doctor, the CEO must arrange for the assessment to be supervised by an approved supervising doctor. s 49E ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1\n- (a) an approved supervising doctor; or\n- (b) an approved examining doctor.","sortOrder":102},{"sectionNumber":"sec.49EA","sectionType":"section","heading":"Delaying part of former worker assessment","content":"### sec.49EA Delaying part of former worker assessment\n\nThis section applies if an approved supervising doctor considers the risk to a former worker of an adverse health effect from delaying an examination to be lower than the risk to the former worker of an adverse health effect of the examination.\nAn approved supervising doctor may consider the risk to a pregnant former worker of an adverse health effect from delaying a chest x-ray examination to be lower than the risk to the former worker of an adverse health effect of the examination.\nDespite section 49E (1) , the examination may be carried out up to 1 year after the CEO receives the request.\nIf an examination is delayed under subsection (2) , the most recent former worker assessment is taken to have been carried out at the time of the examinations that were not delayed.\nIn this section—\nexamination means an examination forming part of a former worker assessment.\nrisk , to a former worker, includes a risk to an unborn child of the former worker.\ns 49EA ins 2020 SL No. 108 s 6\n(sec.49EA-ssec.1) This section applies if an approved supervising doctor considers the risk to a former worker of an adverse health effect from delaying an examination to be lower than the risk to the former worker of an adverse health effect of the examination. An approved supervising doctor may consider the risk to a pregnant former worker of an adverse health effect from delaying a chest x-ray examination to be lower than the risk to the former worker of an adverse health effect of the examination.\n(sec.49EA-ssec.2) Despite section 49E (1) , the examination may be carried out up to 1 year after the CEO receives the request.\n(sec.49EA-ssec.3) If an examination is delayed under subsection (2) , the most recent former worker assessment is taken to have been carried out at the time of the examinations that were not delayed.\n(sec.49EA-ssec.4) In this section— examination means an examination forming part of a former worker assessment. risk , to a former worker, includes a risk to an unborn child of the former worker.","sortOrder":103},{"sectionNumber":"sec.49F","sectionType":"section","heading":"Content of former worker assessment","content":"### sec.49F Content of former worker assessment\n\nA former worker assessment must be carried out—\nin compliance with all instructions stated in the approved form; and\nby the doctor mentioned in section 49E (1) ; and\nif the former worker assessment is carried out by an approved examining doctor—under the supervision of an approved supervising doctor.\nThe approved form must include provision for the following to be carried out for the former worker—\na chest examination;\na spirometry;\na comparative assessment of the former worker’s spirometry if the results of 1 or more previous spirometries for the former worker are in the possession of the CEO or doctor;\na chest x-ray examination;\na further reading of the chest x-ray the subject of the examination required under paragraph (d) .\ns 49F ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49F-ssec.1) A former worker assessment must be carried out— in compliance with all instructions stated in the approved form; and by the doctor mentioned in section 49E (1) ; and if the former worker assessment is carried out by an approved examining doctor—under the supervision of an approved supervising doctor.\n(sec.49F-ssec.2) The approved form must include provision for the following to be carried out for the former worker— a chest examination; a spirometry; a comparative assessment of the former worker’s spirometry if the results of 1 or more previous spirometries for the former worker are in the possession of the CEO or doctor; a chest x-ray examination; a further reading of the chest x-ray the subject of the examination required under paragraph (d) . s 49F ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1\n- (a) in compliance with all instructions stated in the approved form; and\n- (b) by the doctor mentioned in section 49E (1) ; and\n- (c) if the former worker assessment is carried out by an approved examining doctor—under the supervision of an approved supervising doctor.\n- (a) a chest examination;\n- (b) a spirometry;\n- (c) a comparative assessment of the former worker’s spirometry if the results of 1 or more previous spirometries for the former worker are in the possession of the CEO or doctor;\n- (d) a chest x-ray examination;\n- (e) a further reading of the chest x-ray the subject of the examination required under paragraph (d) .","sortOrder":104},{"sectionNumber":"sec.49G","sectionType":"section","heading":"Other matters about former worker assessments","content":"### sec.49G Other matters about former worker assessments\n\nThe CEO must, for each former worker assessment for a person, ensure the doctor—\ngives a copy of the former worker assessment report to—\nthe person; and\nthe CEO; and\nexplains the former worker assessment report to—\nthe person or the person’s representative; and\nif requested by the person—another doctor nominated by the person.\nThe CEO must pay for—\nthe former worker assessment; and\nthe giving of the copies and explanations of the report under subsection (1) .\ns 49G ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49G-ssec.1) The CEO must, for each former worker assessment for a person, ensure the doctor— gives a copy of the former worker assessment report to— the person; and the CEO; and explains the former worker assessment report to— the person or the person’s representative; and if requested by the person—another doctor nominated by the person.\n(sec.49G-ssec.2) The CEO must pay for— the former worker assessment; and the giving of the copies and explanations of the report under subsection (1) .\n- (a) gives a copy of the former worker assessment report to— (i) the person; and (ii) the CEO; and\n- (i) the person; and\n- (ii) the CEO; and\n- (b) explains the former worker assessment report to— (i) the person or the person’s representative; and (ii) if requested by the person—another doctor nominated by the person.\n- (i) the person or the person’s representative; and\n- (ii) if requested by the person—another doctor nominated by the person.\n- (i) the person; and\n- (ii) the CEO; and\n- (i) the person or the person’s representative; and\n- (ii) if requested by the person—another doctor nominated by the person.\n- (a) the former worker assessment; and\n- (b) the giving of the copies and explanations of the report under subsection (1) .","sortOrder":105},{"sectionNumber":"sec.49H","sectionType":"section","heading":"Who may apply","content":"### sec.49H Who may apply\n\nA doctor may apply to the CEO for approval to—\ncarry out assessments; or\ncarry out, supervise, and report on, assessments.\nA spirometry practice may apply to the CEO for approval to provide a spirometry for an assessment.\nAn x-ray imaging practice may apply to the CEO for approval to take a chest x-ray for a chest x-ray examination for an assessment.\nA person may apply to the CEO for approval to carry out a chest x-ray examination for an assessment.\nA person may apply to the CEO for approval to provide a training course to qualify an individual to perform a spirometry for an assessment.\ns 49H ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49H-ssec.1) A doctor may apply to the CEO for approval to— carry out assessments; or carry out, supervise, and report on, assessments.\n(sec.49H-ssec.2) A spirometry practice may apply to the CEO for approval to provide a spirometry for an assessment.\n(sec.49H-ssec.3) An x-ray imaging practice may apply to the CEO for approval to take a chest x-ray for a chest x-ray examination for an assessment.\n(sec.49H-ssec.4) A person may apply to the CEO for approval to carry out a chest x-ray examination for an assessment.\n(sec.49H-ssec.5) A person may apply to the CEO for approval to provide a training course to qualify an individual to perform a spirometry for an assessment. s 49H ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1\n- (a) carry out assessments; or\n- (b) carry out, supervise, and report on, assessments.","sortOrder":106},{"sectionNumber":"sec.49I","sectionType":"section","heading":"Requirements for making application","content":"### sec.49I Requirements for making application\n\nThe application must be made in the approved form.\ns 49I ins 2018 SL No. 102 s 21","sortOrder":107},{"sectionNumber":"sec.49J","sectionType":"section","heading":"Deciding application","content":"### sec.49J Deciding application\n\nThe CEO must decide to give or refuse to give the approval—\nwithin 3 months after the application is made; or\nif the CEO and applicant agree in writing to a longer period within which the CEO must make the decision—within the longer period.\nThe CEO may decide to give the approval if the CEO is satisfied the applicant is—\nappropriately qualified to carry out the scheme function for which the application is made; and\nfit and proper to carry out the scheme function for which the application is made.\ns 49J ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49J-ssec.1) The CEO must decide to give or refuse to give the approval— within 3 months after the application is made; or if the CEO and applicant agree in writing to a longer period within which the CEO must make the decision—within the longer period.\n(sec.49J-ssec.2) The CEO may decide to give the approval if the CEO is satisfied the applicant is— appropriately qualified to carry out the scheme function for which the application is made; and fit and proper to carry out the scheme function for which the application is made. s 49J ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1\n- (a) within 3 months after the application is made; or\n- (b) if the CEO and applicant agree in writing to a longer period within which the CEO must make the decision—within the longer period.\n- (a) appropriately qualified to carry out the scheme function for which the application is made; and\n- (b) fit and proper to carry out the scheme function for which the application is made.","sortOrder":108},{"sectionNumber":"sec.49K","sectionType":"section","heading":"Conditions","content":"### sec.49K Conditions\n\nAn approval may be subject to the conditions the CEO considers appropriate.\ns 49K ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1","sortOrder":109},{"sectionNumber":"sec.49L","sectionType":"section","heading":"Duration","content":"### sec.49L Duration\n\nAn approval is for the term, of not more than 5 years, stated in the approval.\ns 49L ins 2018 SL No. 102 s 21","sortOrder":110},{"sectionNumber":"sec.49M","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.49M Steps after, and taking effect of, decision\n\nIf the CEO decides to give an approval, the CEO must give the applicant notice of the decision.\nThe approval takes effect when the approved provider is given the notice or, if the notice states a later day of effect, on the later day.\nIf the CEO decides to refuse to give an approval, or to impose a condition on the approval, the CEO must give the applicant an information notice about the decision.\ns 49M ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49M-ssec.1) If the CEO decides to give an approval, the CEO must give the applicant notice of the decision.\n(sec.49M-ssec.2) The approval takes effect when the approved provider is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.49M-ssec.3) If the CEO decides to refuse to give an approval, or to impose a condition on the approval, the CEO must give the applicant an information notice about the decision. s 49M ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1","sortOrder":111},{"sectionNumber":"sec.49N","sectionType":"section","heading":"Amendment by CEO","content":"### sec.49N Amendment by CEO\n\nThe CEO may decide to amend an approval at any time.\nWithout limiting subsection (1) , the amendment may impose a condition on, or vary or remove a condition of, the approval.\nIf the CEO decides to amend the approval, the CEO must give the approved provider an information notice about the decision.\nThe decision to amend the approval takes effect 10 days after the approved provider is given the information notice or, if the information notice states a later day of effect, on the later day.\ns 49N ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49N-ssec.1) The CEO may decide to amend an approval at any time.\n(sec.49N-ssec.2) Without limiting subsection (1) , the amendment may impose a condition on, or vary or remove a condition of, the approval.\n(sec.49N-ssec.3) If the CEO decides to amend the approval, the CEO must give the approved provider an information notice about the decision.\n(sec.49N-ssec.4) The decision to amend the approval takes effect 10 days after the approved provider is given the information notice or, if the information notice states a later day of effect, on the later day. s 49N ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1","sortOrder":112},{"sectionNumber":"sec.49O","sectionType":"section","heading":"Renewal of approval","content":"### sec.49O Renewal of approval\n\nAn approved provider may apply to the CEO for renewal of the provider’s approval.\nThe application must be made in the approved form at least 3 months before the term of the approval ends.\nThe CEO must decide to renew, or refuse to renew, the approval.\nThe CEO may decide to renew the approval only if the CEO is satisfied of the matters mentioned in section 49J (2) .\nThe renewed approval’s term can not be more than 5 years.\nIf the CEO has not made a decision under subsection (1) before the day on which the approved provider’s approval is due to expire, the provider’s approval continues until the CEO’s decision takes effect.\nIf the CEO decides to renew the approval, the CEO must give the approved provider notice of the decision.\nThe renewal of the approval takes effect when the approved provider is given the notice or, if the notice states a later day of effect, on the later day.\nIf the CEO decides to refuse to renew the approval, the CEO must give the approved provider an information notice about the decision.\nThe refusal takes effect when the approved provider is given the information notice or, if the information notice states a later day of effect, on the later day.\ns 49O ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49O-ssec.1) An approved provider may apply to the CEO for renewal of the provider’s approval.\n(sec.49O-ssec.2) The application must be made in the approved form at least 3 months before the term of the approval ends.\n(sec.49O-ssec.3) The CEO must decide to renew, or refuse to renew, the approval.\n(sec.49O-ssec.4) The CEO may decide to renew the approval only if the CEO is satisfied of the matters mentioned in section 49J (2) .\n(sec.49O-ssec.5) The renewed approval’s term can not be more than 5 years.\n(sec.49O-ssec.6) If the CEO has not made a decision under subsection (1) before the day on which the approved provider’s approval is due to expire, the provider’s approval continues until the CEO’s decision takes effect.\n(sec.49O-ssec.7) If the CEO decides to renew the approval, the CEO must give the approved provider notice of the decision.\n(sec.49O-ssec.8) The renewal of the approval takes effect when the approved provider is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.49O-ssec.9) If the CEO decides to refuse to renew the approval, the CEO must give the approved provider an information notice about the decision.\n(sec.49O-ssec.10) The refusal takes effect when the approved provider is given the information notice or, if the information notice states a later day of effect, on the later day.","sortOrder":113},{"sectionNumber":"sec.49P","sectionType":"section","heading":"Grounds for suspending or cancelling approval","content":"### sec.49P Grounds for suspending or cancelling approval\n\nThe CEO may suspend or cancel an approval if—\nthe approval was obtained because of incorrect or misleading information; or\nthe CEO believes the approved provider has failed to comply with this division or a condition of the approval; or\nthe approved provider is not a fit and proper person to carry out the scheme function under the approval.\nAn approval may be suspended for not more than 12 months.\ns 49P ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49P-ssec.1) The CEO may suspend or cancel an approval if— the approval was obtained because of incorrect or misleading information; or the CEO believes the approved provider has failed to comply with this division or a condition of the approval; or the approved provider is not a fit and proper person to carry out the scheme function under the approval.\n(sec.49P-ssec.2) An approval may be suspended for not more than 12 months.\n- (a) the approval was obtained because of incorrect or misleading information; or\n- (b) the CEO believes the approved provider has failed to comply with this division or a condition of the approval; or\n- (c) the approved provider is not a fit and proper person to carry out the scheme function under the approval.","sortOrder":114},{"sectionNumber":"sec.49Q","sectionType":"section","heading":"Show cause notice before taking action","content":"### sec.49Q Show cause notice before taking action\n\nThis section applies if the CEO is considering taking action under section 49P .\nBefore taking the action, the CEO must give the approved provider a notice (a show cause notice ) stating—\nthat the CEO intends to take the action; and\nthe proposed action; and\nthe reasons for the proposed action; and\nthat the approved provider may, within 30 days after the notice is given, give the CEO a written response to show why the proposed action should not be taken.\ns 49Q ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49Q-ssec.1) This section applies if the CEO is considering taking action under section 49P .\n(sec.49Q-ssec.2) Before taking the action, the CEO must give the approved provider a notice (a show cause notice ) stating— that the CEO intends to take the action; and the proposed action; and the reasons for the proposed action; and that the approved provider may, within 30 days after the notice is given, give the CEO a written response to show why the proposed action should not be taken. s 49Q ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1\n- (a) that the CEO intends to take the action; and\n- (b) the proposed action; and\n- (c) the reasons for the proposed action; and\n- (d) that the approved provider may, within 30 days after the notice is given, give the CEO a written response to show why the proposed action should not be taken.","sortOrder":115},{"sectionNumber":"sec.49R","sectionType":"section","heading":"Decision in relation to taking action after show cause notice","content":"### sec.49R Decision in relation to taking action after show cause notice\n\nAfter considering any written response from the approved provider received under section 49Q (2) (d) , the CEO may decide to take, or not to take, the action.\nIf the CEO decides not to take the action, the CEO must give the approved provider notice of the decision.\ns 49R ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49R-ssec.1) After considering any written response from the approved provider received under section 49Q (2) (d) , the CEO may decide to take, or not to take, the action.\n(sec.49R-ssec.2) If the CEO decides not to take the action, the CEO must give the approved provider notice of the decision.","sortOrder":116},{"sectionNumber":"sec.49S","sectionType":"section","heading":"Information notice and taking effect of suspension or cancellation","content":"### sec.49S Information notice and taking effect of suspension or cancellation\n\nThe CEO must give the approved provider an information notice about a decision to take the action.\nA decision to take the action takes effect at the end of 10 days after the day of the decision or, if the information notice states a later day of effect, on the later day.\ns 49S ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49S-ssec.1) The CEO must give the approved provider an information notice about a decision to take the action.\n(sec.49S-ssec.2) A decision to take the action takes effect at the end of 10 days after the day of the decision or, if the information notice states a later day of effect, on the later day.","sortOrder":117},{"sectionNumber":"sec.49T","sectionType":"section","heading":"Application for internal review","content":"### sec.49T Application for internal review\n\nThis section applies to a person who is given, or is entitled to be given, an information notice about a decision (the original decision ).\nIf the person is dissatisfied with the decision, the person may apply to the CEO for a review (an internal review ) of the decision.\nThe application must—\nbe in the approved form; and\nfor a person who has been given an information notice for the decision—include enough information to enable the CEO to decide the application; and\nbe made to the CEO within—\nfor a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\nfor a person who has not been given an information notice for the decision but is entitled to be given an information notice for the decision—28 days after the day the person becomes aware of the decision.\nThe CEO may, at any time, extend the period within which the application must be made.\ns 49T ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49T-ssec.1) This section applies to a person who is given, or is entitled to be given, an information notice about a decision (the original decision ).\n(sec.49T-ssec.2) If the person is dissatisfied with the decision, the person may apply to the CEO for a review (an internal review ) of the decision.\n(sec.49T-ssec.3) The application must— be in the approved form; and for a person who has been given an information notice for the decision—include enough information to enable the CEO to decide the application; and be made to the CEO within— for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or for a person who has not been given an information notice for the decision but is entitled to be given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n(sec.49T-ssec.4) The CEO may, at any time, extend the period within which the application must be made.\n- (a) be in the approved form; and\n- (b) for a person who has been given an information notice for the decision—include enough information to enable the CEO to decide the application; and\n- (c) be made to the CEO within— (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision but is entitled to be given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision but is entitled to be given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision but is entitled to be given an information notice for the decision—28 days after the day the person becomes aware of the decision.","sortOrder":118},{"sectionNumber":"sec.49U","sectionType":"section","heading":"Internal review","content":"### sec.49U Internal review\n\nThe CEO must, within 90 days after receiving an application for internal review of an original decision—\nreview the original decision; and\ndecide to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the applicant a QCAT information notice for the CEO’s decision under paragraph (b) .\nThe application may be dealt with only by a person who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\ns 49U ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 s 24 sch 1\n(sec.49U-ssec.1) The CEO must, within 90 days after receiving an application for internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the applicant a QCAT information notice for the CEO’s decision under paragraph (b) .\n(sec.49U-ssec.2) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision. s 49U ins 2018 SL No. 102 s 21 amd 2020 SL No. 69 s 24 sch 1\n- (a) review the original decision; and\n- (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the applicant a QCAT information notice for the CEO’s decision under paragraph (b) .\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (a) did not make the original decision; and\n- (b) holds a more senior office than the person who made the original decision.","sortOrder":119},{"sectionNumber":"sec.49V","sectionType":"section","heading":"External review by QCAT","content":"### sec.49V External review by QCAT\n\nThis section applies to a person who must be given a QCAT information notice under section 49U for a decision under that section.\nThe person may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\ns 49V ins 2018 SL No. 102 s 21\n(sec.49V-ssec.1) This section applies to a person who must be given a QCAT information notice under section 49U for a decision under that section.\n(sec.49V-ssec.2) The person may apply to QCAT, as provided under the QCAT Act , for a review of the decision. s 49V ins 2018 SL No. 102 s 21","sortOrder":120},{"sectionNumber":"sec.49W","sectionType":"section","heading":"Offence to carry out scheme function without approval","content":"### sec.49W Offence to carry out scheme function without approval\n\nA person must not carry out a scheme function unless the scheme function is carried out under an approval given under this subdivision for the scheme function.\nMaximum penalty—100 penalty units.\ns 49W ins 2018 SL No. 102 s 21","sortOrder":121},{"sectionNumber":"sec.49X","sectionType":"section","heading":"CEO must establish register of approved providers","content":"### sec.49X CEO must establish register of approved providers\n\nThe CEO must establish and keep up to date a register of approved providers for scheme functions.\nThe register must contain the following information for each approved provider for a scheme function—\nthe name and address of the approved provider;\nthe scheme function for which the approval is given.\nThe register may contain other information the CEO considers appropriate.\nThe register must be published on a Queensland Government website.\ns 49X ins 2018 SL No. 102 s 21\namd 2020 SL No. 69 ss 6 , 24 sch 1\n(sec.49X-ssec.1) The CEO must establish and keep up to date a register of approved providers for scheme functions.\n(sec.49X-ssec.2) The register must contain the following information for each approved provider for a scheme function— the name and address of the approved provider; the scheme function for which the approval is given.\n(sec.49X-ssec.3) The register may contain other information the CEO considers appropriate.\n(sec.49X-ssec.4) The register must be published on a Queensland Government website.\n- (a) the name and address of the approved provider;\n- (b) the scheme function for which the approval is given.","sortOrder":122},{"sectionNumber":"sec.50","sectionType":"section","heading":"Appointed medical adviser and doctors must keep particular documents","content":"### sec.50 Appointed medical adviser and doctors must keep particular documents\n\nAn appointed medical adviser or doctor must keep, in the approved way for the approved period, the following documents for each assessment for which the adviser or doctor completes a report—\na copy of the approved form completed for the assessment;\nthe information or documents on which the assessment was based.\nAn appointed medical adviser must keep, in the approved way for the approved period, each review report given by the adviser.\nIn this section—\napproved period means the period approved by the CEO for this section and published on a Queensland Government website.\napproved way means the way approved by the CEO for this section and published on a Queensland Government website.\ns 50 sub 2018 SL No. 102 s 22\namd 2020 SL No. 69 ss 6 , 24 sch 1\n(sec.50-ssec.1) An appointed medical adviser or doctor must keep, in the approved way for the approved period, the following documents for each assessment for which the adviser or doctor completes a report— a copy of the approved form completed for the assessment; the information or documents on which the assessment was based.\n(sec.50-ssec.2) An appointed medical adviser must keep, in the approved way for the approved period, each review report given by the adviser.\n(sec.50-ssec.3) In this section— approved period means the period approved by the CEO for this section and published on a Queensland Government website. approved way means the way approved by the CEO for this section and published on a Queensland Government website. s 50 sub 2018 SL No. 102 s 22 amd 2020 SL No. 69 ss 6 , 24 sch 1\n- (a) a copy of the approved form completed for the assessment;\n- (b) the information or documents on which the assessment was based.","sortOrder":123},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Appointed medical advisers and doctors must give particular documents to CEO","content":"### sec.50A Appointed medical advisers and doctors must give particular documents to CEO\n\nAn appointed medical adviser or doctor must give the CEO, in the approved way, a copy of each document required under section 50 to be kept by the adviser or doctor—\nfor a document relating to an assessment—within 28 days after the assessment is completed; or\nfor a review report mentioned in section 48 (4) (b) (ii) —within 28 days after the report is completed.\nIn this section—\napproved way means the way approved by the CEO for this section and published on a Queensland Government website.\ns 50A ins 2018 SL No. 102 s 22\namd 2020 SL No. 69 ss 6 , 24 sch 1\n(sec.50A-ssec.1) An appointed medical adviser or doctor must give the CEO, in the approved way, a copy of each document required under section 50 to be kept by the adviser or doctor— for a document relating to an assessment—within 28 days after the assessment is completed; or for a review report mentioned in section 48 (4) (b) (ii) —within 28 days after the report is completed.\n(sec.50A-ssec.2) In this section— approved way means the way approved by the CEO for this section and published on a Queensland Government website. s 50A ins 2018 SL No. 102 s 22 amd 2020 SL No. 69 ss 6 , 24 sch 1\n- (a) for a document relating to an assessment—within 28 days after the assessment is completed; or\n- (b) for a review report mentioned in section 48 (4) (b) (ii) —within 28 days after the report is completed.","sortOrder":124},{"sectionNumber":"sec.51","sectionType":"section","heading":"Ownership of records","content":"### sec.51 Ownership of records\n\nA document required to be kept under section 50 by an appointed medical adviser or doctor is a record of RSHQ.\ns 51 sub 2018 SL No. 102 s 22\namd 2020 SL No. 69 s 24 sch 1","sortOrder":125},{"sectionNumber":"sec.52","sectionType":"section","heading":"Confidentiality of medical record","content":"### sec.52 Confidentiality of medical record\n\nA person must not disclose to anyone, other than under the Act or this section, the contents of a coal mine worker’s medical record obtained by the person under this division.\nMaximum penalty—100 penalty units.\nAn appointed medical adviser may disclose the contents of the medical record to—\nthe coal mine worker; or\nanother person with the consent of the coal mine worker.\nthe worker’s representative at the mine\nThe CEO must disclose the contents of the medical record to the coal mine worker if the worker gives the CEO a written request for the record.\nThe CEO may disclose the contents of the medical record to—\nanother person with the consent of the coal mine worker; or\na person to the extent the disclosure is necessary to enable the person to carry out all or part of—\nan assessment; or\na review under section 48 or 48A ; or\nan appropriately qualified person for approved research; or\nan authorised auditor, within the meaning of the Auditor-General Act 2009 , if requested by the authorised auditor under section 47 (1) of that Act.\nDespite subsection (4) (a) , the CEO may disclose the contents of the record to a doctor or hospital without the coal mine worker’s consent if—\nthe doctor or hospital needs to obtain the contents to treat the worker; and\nthe worker is unable to give the consent.\nSubsection (1) is not a safety and health obligation for the Act .\nIn this section—\napproved research means research approved by—\na human research ethics committee under the Public Health Act 2005 ; or\nan ethics committee established by a university and concerned, wholly or partly, with research involving humans; or\nan ethics committee established by the National Health and Medical Research Council.\ncoal mine worker includes a person who has permanently retired from working as a coal mine worker.\nmedical record , of a coal mine worker, means personal medical results or clinical findings obtained from an assessment, or review mentioned in section 48 or 48A , for the worker.\ns 52 amd 2018 SL No. 102 ss 6 , 23 ; 2019 SL No. 69 s 3 ; 2020 SL No. 69 s 24 sch 1\n(sec.52-ssec.1) A person must not disclose to anyone, other than under the Act or this section, the contents of a coal mine worker’s medical record obtained by the person under this division. Maximum penalty—100 penalty units.\n(sec.52-ssec.2) An appointed medical adviser may disclose the contents of the medical record to— the coal mine worker; or another person with the consent of the coal mine worker. the worker’s representative at the mine\n(sec.52-ssec.3) The CEO must disclose the contents of the medical record to the coal mine worker if the worker gives the CEO a written request for the record.\n(sec.52-ssec.4) The CEO may disclose the contents of the medical record to— another person with the consent of the coal mine worker; or a person to the extent the disclosure is necessary to enable the person to carry out all or part of— an assessment; or a review under section 48 or 48A ; or an appropriately qualified person for approved research; or an authorised auditor, within the meaning of the Auditor-General Act 2009 , if requested by the authorised auditor under section 47 (1) of that Act.\n(sec.52-ssec.5) Despite subsection (4) (a) , the CEO may disclose the contents of the record to a doctor or hospital without the coal mine worker’s consent if— the doctor or hospital needs to obtain the contents to treat the worker; and the worker is unable to give the consent.\n(sec.52-ssec.6) Subsection (1) is not a safety and health obligation for the Act .\n(sec.52-ssec.7) In this section— approved research means research approved by— a human research ethics committee under the Public Health Act 2005 ; or an ethics committee established by a university and concerned, wholly or partly, with research involving humans; or an ethics committee established by the National Health and Medical Research Council. coal mine worker includes a person who has permanently retired from working as a coal mine worker. medical record , of a coal mine worker, means personal medical results or clinical findings obtained from an assessment, or review mentioned in section 48 or 48A , for the worker. s 52 amd 2018 SL No. 102 ss 6 , 23 ; 2019 SL No. 69 s 3 ; 2020 SL No. 69 s 24 sch 1\n- (a) the coal mine worker; or\n- (b) another person with the consent of the coal mine worker. Example of another person— the worker’s representative at the mine\n- (a) another person with the consent of the coal mine worker; or\n- (b) a person to the extent the disclosure is necessary to enable the person to carry out all or part of— (i) an assessment; or (ii) a review under section 48 or 48A ; or\n- (i) an assessment; or\n- (ii) a review under section 48 or 48A ; or\n- (c) an appropriately qualified person for approved research; or\n- (d) an authorised auditor, within the meaning of the Auditor-General Act 2009 , if requested by the authorised auditor under section 47 (1) of that Act.\n- (i) an assessment; or\n- (ii) a review under section 48 or 48A ; or\n- (a) the doctor or hospital needs to obtain the contents to treat the worker; and\n- (b) the worker is unable to give the consent.\n- (a) a human research ethics committee under the Public Health Act 2005 ; or\n- (b) an ethics committee established by a university and concerned, wholly or partly, with research involving humans; or\n- (c) an ethics committee established by the National Health and Medical Research Council.","sortOrder":126},{"sectionNumber":"sec.53","sectionType":"section","heading":"Site senior executive must keep records of monitoring for workers’ exposure to hazards","content":"### sec.53 Site senior executive must keep records of monitoring for workers’ exposure to hazards\n\nThe site senior executive for a coal mine must ensure a record about monitoring carried out under section 49 for coal mine workers at the mine is kept for—\nat least 30 years after the record is made; or\nif the CEO agrees to a shorter period—the shorter period.\nThe employer of a coal mine worker for whom monitoring is carried out under section 49 (4) , or another person agreed between the employer and the CEO, must keep a record about the monitoring for—\nat least 30 years after the record is made; or\nif the CEO agrees to a shorter period—the shorter period.\nIn agreeing to a shorter period under subsection (1) or (2) , the CEO must have regard to information held by RSHQ about the matter the subject of the record.\ns 53 amd 2018 SL No. 102 s 24; 2020 SL No. 69 s 24 sch 1\n(sec.53-ssec.1) The site senior executive for a coal mine must ensure a record about monitoring carried out under section 49 for coal mine workers at the mine is kept for— at least 30 years after the record is made; or if the CEO agrees to a shorter period—the shorter period.\n(sec.53-ssec.2) The employer of a coal mine worker for whom monitoring is carried out under section 49 (4) , or another person agreed between the employer and the CEO, must keep a record about the monitoring for— at least 30 years after the record is made; or if the CEO agrees to a shorter period—the shorter period.\n(sec.53-ssec.3) In agreeing to a shorter period under subsection (1) or (2) , the CEO must have regard to information held by RSHQ about the matter the subject of the record.\n- (a) at least 30 years after the record is made; or\n- (b) if the CEO agrees to a shorter period—the shorter period.\n- (a) at least 30 years after the record is made; or\n- (b) if the CEO agrees to a shorter period—the shorter period.","sortOrder":127},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Hazardous chemicals and dangerous goods","content":"# Hazardous chemicals and dangerous goods","sortOrder":128},{"sectionNumber":"ch.2-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":129},{"sectionNumber":"sec.54","sectionType":"section","heading":"Definitions for part","content":"### sec.54 Definitions for part\n\nIn this part—\nADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Transport and Infrastructure Council.\nThe ADG Code is accessible at www.ntc.gov.au.\ndangerous goods see section 56 .\nGHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under schedule 2AAA .\nThe schedule 2AAA tables replace some tables in the GHS.\nhazardous chemical see section 55 .\nresearch chemical means a substance or mixture that—\nis manufactured in a laboratory for genuine research; and\nis not for use or supply for a purpose other than analysis or genuine research.\nsafety data sheet means—\nfor a hazardous chemical that is not a research chemical, waste product or sample for analysis, or for dangerous goods—a document that complies with schedule 2AAB , section 1 ; or\nfor a hazardous chemical that is a research chemical, waste product or sample for analysis—a document that complies with schedule 2AAB , section 2 .\nTransport and Infrastructure Council means the council of Commonwealth, New Zealand and State Ministers, established on 11 June 1993 and known as the Transport and Infrastructure Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth and the States.\nThe Transport and Infrastructure Council was previously known as the Australian Transport Council.\ns 54 sub 2019 SL No. 140 s 5\n- (a) is manufactured in a laboratory for genuine research; and\n- (b) is not for use or supply for a purpose other than analysis or genuine research.\n- (a) for a hazardous chemical that is not a research chemical, waste product or sample for analysis, or for dangerous goods—a document that complies with schedule 2AAB , section 1 ; or\n- (b) for a hazardous chemical that is a research chemical, waste product or sample for analysis—a document that complies with schedule 2AAB , section 2 .","sortOrder":130},{"sectionNumber":"sec.55","sectionType":"section","heading":"Meaning of hazardous chemical","content":"### sec.55 Meaning of hazardous chemical\n\nA hazardous chemical is a substance, mixture or article that satisfies the criteria for a hazard class in the GHS (including a classification mentioned in schedule 2AAA ), but does not include a substance, mixture or article that satisfies the criteria solely for 1 of the following hazard classes—\nacute toxicity—oral—category 5;\nacute toxicity—dermal—category 5;\nacute toxicity—inhalation—category 5;\nskin corrosion/irritation—category 3;\nserious eye damage/eye irritation—category 2B;\naspiration hazard—category 2;\nflammable gas—category 2;\nacute hazard to the aquatic environment—category 1, 2 or 3;\nchronic hazard to the aquatic environment—category 1, 2, 3 or 4;\nhazardous to the ozone layer.\nThe schedule 2AAA tables replace some tables in the GHS.\ns 55 sub 2019 SL No. 140 s 5\n- (a) acute toxicity—oral—category 5;\n- (b) acute toxicity—dermal—category 5;\n- (c) acute toxicity—inhalation—category 5;\n- (d) skin corrosion/irritation—category 3;\n- (e) serious eye damage/eye irritation—category 2B;\n- (f) aspiration hazard—category 2;\n- (g) flammable gas—category 2;\n- (h) acute hazard to the aquatic environment—category 1, 2 or 3;\n- (i) chronic hazard to the aquatic environment—category 1, 2, 3 or 4;\n- (j) hazardous to the ozone layer.","sortOrder":131},{"sectionNumber":"sec.56","sectionType":"section","heading":"Meaning of dangerous goods","content":"### sec.56 Meaning of dangerous goods\n\nDangerous goods means anything defined under the ADG Code as—\ndangerous goods; or\ngoods too dangerous to be transported.\ns 56 sub 2019 SL No. 140 s 5\n- (a) dangerous goods; or\n- (b) goods too dangerous to be transported.","sortOrder":132},{"sectionNumber":"ch.2-pt.7-div.2","sectionType":"division","heading":"Information about hazardous chemicals and dangerous goods","content":"## Information about hazardous chemicals and dangerous goods","sortOrder":133},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Register of hazardous chemicals and dangerous goods","content":"### sec.56A Register of hazardous chemicals and dangerous goods\n\nThe site senior executive for a coal mine must ensure the following things are recorded in a register at the mine—\na hazardous chemical used, handled, stored or produced at the mine;\ndangerous goods used, handled, stored or produced at the mine;\nthe current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\nThe site senior executive must ensure the register is readily accessible by each worker required to use, handle, store or produce a hazardous chemical, or dangerous goods, at the mine.\ns 56A ins 2019 SL No. 140 s 5\n(sec.56A-ssec.1) The site senior executive for a coal mine must ensure the following things are recorded in a register at the mine— a hazardous chemical used, handled, stored or produced at the mine; dangerous goods used, handled, stored or produced at the mine; the current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\n(sec.56A-ssec.2) The site senior executive must ensure the register is readily accessible by each worker required to use, handle, store or produce a hazardous chemical, or dangerous goods, at the mine.\n- (a) a hazardous chemical used, handled, stored or produced at the mine;\n- (b) dangerous goods used, handled, stored or produced at the mine;\n- (c) the current safety data sheet for a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .","sortOrder":134},{"sectionNumber":"sec.56B","sectionType":"section","heading":"Manufacturers, importers and suppliers must mark or label substances","content":"### sec.56B Manufacturers, importers and suppliers must mark or label substances\n\nThis section applies to a manufacturer, importer or supplier of a substance for use at a coal mine as mentioned in section 46 (2) (a) of the Act .\nWithout limiting section 46 (2) (a) of the Act , the manufacturer, importer or supplier must ensure the substance is correctly marked or labelled when the substance is provided for use at the mine.\nA substance is correctly marked or labelled if the mark or label complies with applicable requirements relating to the mark or label stated in—\nthe GHS; or\na recognised standard; or\nthe ADG Code.\ns 56B ins 2019 SL No. 140 s 5\n(sec.56B-ssec.1) This section applies to a manufacturer, importer or supplier of a substance for use at a coal mine as mentioned in section 46 (2) (a) of the Act .\n(sec.56B-ssec.2) Without limiting section 46 (2) (a) of the Act , the manufacturer, importer or supplier must ensure the substance is correctly marked or labelled when the substance is provided for use at the mine.\n(sec.56B-ssec.3) A substance is correctly marked or labelled if the mark or label complies with applicable requirements relating to the mark or label stated in— the GHS; or a recognised standard; or the ADG Code.\n- (a) the GHS; or\n- (b) a recognised standard; or\n- (c) the ADG Code.","sortOrder":135},{"sectionNumber":"sec.56C","sectionType":"section","heading":"Labelling and giving information about hazardous chemicals and dangerous goods","content":"### sec.56C Labelling and giving information about hazardous chemicals and dangerous goods\n\nThe site senior executive for a coal mine must ensure the following things are correctly marked or labelled—\na hazardous chemical used, handled, stored or produced at the mine;\ndangerous goods used, handled, stored or produced at the mine;\nany thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\nA hazardous chemical, dangerous goods, or a thing mentioned in subsection (1) (c) is correctly marked or labelled if a mark or label—\nwarns persons of the presence of the chemical or goods; and\nidentifies the chemical or goods; and\nto the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.\nIf it is not practicable to mark or label a hazardous chemical mentioned in subsection (1) (a) , or dangerous goods mentioned in subsection (1) (b) , the site senior executive must ensure a notice that gives the warning, identification and basic information mentioned in subsection (2) (c) is placed in a conspicuous place as near as practicable to the chemical or goods.\nAlso, the site senior executive must ensure a mark, label or notice under this section complies with applicable requirements relating to the mark, label or notice stated in—\nthe GHS; or\na recognised standard; or\nthe ADG Code; or\nAS 1345.\nThis section does not apply in relation to a mineral or quarry material.\nIn this section—\nAS 1345 means the Australian Standard for the identification of the contents of piping, conduits and ducts as in force from time to time under that designation (regardless of the edition or year of publication of the standard).\nmineral see the Mineral Resources Act 1989 , section 6 .\nquarry material see the Forestry Act 1959 , schedule 3 .\ns 56C ins 2019 SL No. 140 s 5\n(sec.56C-ssec.1) The site senior executive for a coal mine must ensure the following things are correctly marked or labelled— a hazardous chemical used, handled, stored or produced at the mine; dangerous goods used, handled, stored or produced at the mine; any thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\n(sec.56C-ssec.2) A hazardous chemical, dangerous goods, or a thing mentioned in subsection (1) (c) is correctly marked or labelled if a mark or label— warns persons of the presence of the chemical or goods; and identifies the chemical or goods; and to the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.\n(sec.56C-ssec.3) If it is not practicable to mark or label a hazardous chemical mentioned in subsection (1) (a) , or dangerous goods mentioned in subsection (1) (b) , the site senior executive must ensure a notice that gives the warning, identification and basic information mentioned in subsection (2) (c) is placed in a conspicuous place as near as practicable to the chemical or goods.\n(sec.56C-ssec.4) Also, the site senior executive must ensure a mark, label or notice under this section complies with applicable requirements relating to the mark, label or notice stated in— the GHS; or a recognised standard; or the ADG Code; or AS 1345.\n(sec.56C-ssec.5) This section does not apply in relation to a mineral or quarry material.\n(sec.56C-ssec.6) In this section— AS 1345 means the Australian Standard for the identification of the contents of piping, conduits and ducts as in force from time to time under that designation (regardless of the edition or year of publication of the standard). mineral see the Mineral Resources Act 1989 , section 6 . quarry material see the Forestry Act 1959 , schedule 3 .\n- (a) a hazardous chemical used, handled, stored or produced at the mine;\n- (b) dangerous goods used, handled, stored or produced at the mine;\n- (c) any thing containing, or being used to transport, a hazardous chemical mentioned in paragraph (a) or dangerous goods mentioned in paragraph (b) .\n- (a) warns persons of the presence of the chemical or goods; and\n- (b) identifies the chemical or goods; and\n- (c) to the extent necessary for managing risk, provides basic information about using, handling, storing, producing or transporting the chemical or goods.\n- (a) the GHS; or\n- (b) a recognised standard; or\n- (c) the ADG Code; or\n- (d) AS 1345.","sortOrder":136},{"sectionNumber":"ch.2-pt.7-div.3","sectionType":"division","heading":"Dealing with hazardous chemicals and dangerous goods","content":"## Dealing with hazardous chemicals and dangerous goods","sortOrder":137},{"sectionNumber":"sec.56D","sectionType":"section","heading":"Selecting hazardous chemicals and dangerous goods","content":"### sec.56D Selecting hazardous chemicals and dangerous goods\n\nThe site senior executive for a coal mine must ensure a hazardous chemical, or dangerous goods, selected for use at the mine does not create an unacceptable level of risk to a person when used, handled or stored under standard operating procedures.\ns 56D ins 2019 SL No. 140 s 5","sortOrder":138},{"sectionNumber":"sec.56E","sectionType":"section","heading":"Standard operating procedures for using, handling and storing hazardous chemicals and dangerous goods","content":"### sec.56E Standard operating procedures for using, handling and storing hazardous chemicals and dangerous goods\n\nThe site senior executive for a coal mine must ensure the mine has standard operating procedures for using, handling or storing a hazardous chemical, or dangerous goods, at the mine.\nIn developing a standard operating procedure under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.\ns 56E ins 2019 SL No. 140 s 5\n(sec.56E-ssec.1) The site senior executive for a coal mine must ensure the mine has standard operating procedures for using, handling or storing a hazardous chemical, or dangerous goods, at the mine.\n(sec.56E-ssec.2) In developing a standard operating procedure under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.","sortOrder":139},{"sectionNumber":"sec.56F","sectionType":"section","heading":"Handling or storing hazardous chemicals and dangerous goods","content":"### sec.56F Handling or storing hazardous chemicals and dangerous goods\n\nThis section applies to a person who has an obligation under the Act to manage risk at a coal mine in relation to handling or storing a hazardous chemical or dangerous goods.\nThe person must ensure the chemical or goods are handled or stored at the mine in a way that is appropriate to the nature of the chemical or goods, so the chemical or goods are—\nprotected against damage and deterioration; and\nsecured to prevent loss, misuse and theft; and\nfor a liquid—bunded to contain spillage.\nIn managing the risk mentioned in subsection (2) , the person must have regard to—\nthe hazardous properties of the chemical or goods; and\nany chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and\nthe nature of the work to be carried out with the chemical or goods; and\nany structure, plant or system of work—\nthat is used in the use, handling, storage or production of the chemical or goods; or\nthat could interact with the chemical or goods at the mine.\ns 56F ins 2019 SL No. 140 s 5\n(sec.56F-ssec.1) This section applies to a person who has an obligation under the Act to manage risk at a coal mine in relation to handling or storing a hazardous chemical or dangerous goods.\n(sec.56F-ssec.2) The person must ensure the chemical or goods are handled or stored at the mine in a way that is appropriate to the nature of the chemical or goods, so the chemical or goods are— protected against damage and deterioration; and secured to prevent loss, misuse and theft; and for a liquid—bunded to contain spillage.\n(sec.56F-ssec.3) In managing the risk mentioned in subsection (2) , the person must have regard to— the hazardous properties of the chemical or goods; and any chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and the nature of the work to be carried out with the chemical or goods; and any structure, plant or system of work— that is used in the use, handling, storage or production of the chemical or goods; or that could interact with the chemical or goods at the mine.\n- (a) protected against damage and deterioration; and\n- (b) secured to prevent loss, misuse and theft; and\n- (c) for a liquid—bunded to contain spillage.\n- (a) the hazardous properties of the chemical or goods; and\n- (b) any chemical or physical reaction between the chemical or goods and another substance or mixture, including a substance that may be generated by the reaction and that could be hazardous; and\n- (c) the nature of the work to be carried out with the chemical or goods; and\n- (d) any structure, plant or system of work— (i) that is used in the use, handling, storage or production of the chemical or goods; or (ii) that could interact with the chemical or goods at the mine.\n- (i) that is used in the use, handling, storage or production of the chemical or goods; or\n- (ii) that could interact with the chemical or goods at the mine.\n- (i) that is used in the use, handling, storage or production of the chemical or goods; or\n- (ii) that could interact with the chemical or goods at the mine.","sortOrder":140},{"sectionNumber":"sec.56G","sectionType":"section","heading":"Monitoring, and taking action about, hazardous chemicals and dangerous goods","content":"### sec.56G Monitoring, and taking action about, hazardous chemicals and dangerous goods\n\nThe site senior executive for a coal mine must ensure appropriate monitoring in relation to a hazardous chemical, or dangerous goods, at the mine is carried out to—\ncheck the location and amount of the chemical or goods on-site; and\ncheck for deterioration of the chemical or goods, or any packaging of the chemical or goods; and\nensure the chemical or goods are fit for intended use; and\ndetect leaks, spills and unintended emissions of the chemical or goods; and\ndetect misuse, theft or other loss of the chemical or goods.\nThe monitoring must be carried out under any standard operating procedure or other procedure that applies to the monitoring.\nThe site senior executive for the coal mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 56I if the monitoring shows—\ndeterioration of the chemical or goods; or\nunfitness for use of the chemical or goods.\ns 56G ins 2019 SL No. 140 s 5\n(sec.56G-ssec.1) The site senior executive for a coal mine must ensure appropriate monitoring in relation to a hazardous chemical, or dangerous goods, at the mine is carried out to— check the location and amount of the chemical or goods on-site; and check for deterioration of the chemical or goods, or any packaging of the chemical or goods; and ensure the chemical or goods are fit for intended use; and detect leaks, spills and unintended emissions of the chemical or goods; and detect misuse, theft or other loss of the chemical or goods.\n(sec.56G-ssec.2) The monitoring must be carried out under any standard operating procedure or other procedure that applies to the monitoring.\n(sec.56G-ssec.3) The site senior executive for the coal mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 56I if the monitoring shows— deterioration of the chemical or goods; or unfitness for use of the chemical or goods.\n- (a) check the location and amount of the chemical or goods on-site; and\n- (b) check for deterioration of the chemical or goods, or any packaging of the chemical or goods; and\n- (c) ensure the chemical or goods are fit for intended use; and\n- (d) detect leaks, spills and unintended emissions of the chemical or goods; and\n- (e) detect misuse, theft or other loss of the chemical or goods.\n- (a) deterioration of the chemical or goods; or\n- (b) unfitness for use of the chemical or goods.","sortOrder":141},{"sectionNumber":"sec.56H","sectionType":"section","heading":"Standard operating procedure for dealing with leaks and spills","content":"### sec.56H Standard operating procedure for dealing with leaks and spills\n\nThe site senior executive for a coal mine must ensure the mine has a standard operating procedure for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine.\nIn developing a standard operating procedure under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.\ns 56H ins 2019 SL No. 140 s 5\n(sec.56H-ssec.1) The site senior executive for a coal mine must ensure the mine has a standard operating procedure for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine.\n(sec.56H-ssec.2) In developing a standard operating procedure under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.","sortOrder":142},{"sectionNumber":"sec.56I","sectionType":"section","heading":"Disposal","content":"### sec.56I Disposal\n\nThis section applies to—\na hazardous chemical, or dangerous goods, at a coal mine if the chemical or goods are—\ndeteriorated; or\npast the use-by date; or\nno longer required for use at the mine, including, for example, because the mine is to be abandoned; and\na thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a) .\nThe site senior executive for the coal mine must ensure the chemical, goods or thing is disposed of—\nin accordance with—\nthe safety data sheet for the chemical or goods; or\ninformation provided, under section 46 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\nin a way that does not create an unacceptable level of risk during operations at the mine, after the mine’s operations stop or after the mine is abandoned.\nThe site senior executive for the coal mine must ensure the site of the following things are shown on the plans of the mine workings under section 67 of the Act —\na permanent disposal facility for a hazardous chemical or dangerous goods;\nanother disposal area for a hazardous chemical or dangerous goods.\ns 56I ins 2019 SL No. 140 s 5\n(sec.56I-ssec.1) This section applies to— a hazardous chemical, or dangerous goods, at a coal mine if the chemical or goods are— deteriorated; or past the use-by date; or no longer required for use at the mine, including, for example, because the mine is to be abandoned; and a thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a) .\n(sec.56I-ssec.2) The site senior executive for the coal mine must ensure the chemical, goods or thing is disposed of— in accordance with— the safety data sheet for the chemical or goods; or information provided, under section 46 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and in a way that does not create an unacceptable level of risk during operations at the mine, after the mine’s operations stop or after the mine is abandoned.\n(sec.56I-ssec.3) The site senior executive for the coal mine must ensure the site of the following things are shown on the plans of the mine workings under section 67 of the Act — a permanent disposal facility for a hazardous chemical or dangerous goods; another disposal area for a hazardous chemical or dangerous goods.\n- (a) a hazardous chemical, or dangerous goods, at a coal mine if the chemical or goods are— (i) deteriorated; or (ii) past the use-by date; or (iii) no longer required for use at the mine, including, for example, because the mine is to be abandoned; and\n- (i) deteriorated; or\n- (ii) past the use-by date; or\n- (iii) no longer required for use at the mine, including, for example, because the mine is to be abandoned; and\n- (b) a thing contaminated by a hazardous chemical, or dangerous goods, mentioned in paragraph (a) .\n- (i) deteriorated; or\n- (ii) past the use-by date; or\n- (iii) no longer required for use at the mine, including, for example, because the mine is to be abandoned; and\n- (a) in accordance with— (i) the safety data sheet for the chemical or goods; or (ii) information provided, under section 46 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\n- (i) the safety data sheet for the chemical or goods; or\n- (ii) information provided, under section 46 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\n- (b) in a way that does not create an unacceptable level of risk during operations at the mine, after the mine’s operations stop or after the mine is abandoned.\n- (i) the safety data sheet for the chemical or goods; or\n- (ii) information provided, under section 46 (2) (a) of the Act , by the manufacturer, importer or supplier of the chemical or goods; and\n- (a) a permanent disposal facility for a hazardous chemical or dangerous goods;\n- (b) another disposal area for a hazardous chemical or dangerous goods.","sortOrder":143},{"sectionNumber":"ch.2-pt.7-div.4","sectionType":"division","heading":"Possible major hazard facilities","content":"## Possible major hazard facilities","sortOrder":144},{"sectionNumber":"sec.57","sectionType":"section","heading":"Possible major hazard facilities","content":"### sec.57 Possible major hazard facilities\n\nThis section applies to a coal mine that meets the criteria for a major hazard facility under the NOHSC document entitled ‘National Standard for the Control of Major Hazard Facilities [NOHSC:1014]’.\nThe mine’s safety and health management system must provide for the mine’s operations to be carried out in accordance with—\nthis regulation; and\nfor operations other than the preparation and use of explosives at a blast site—the national standard safety and health provisions—\nto the extent the provisions are consistent with the Act and this regulation; and\nas if a reference in the provisions to the relevant public authority were a reference to the chief inspector of mines.\nIn this section—\nnational standard safety and health provisions means sections 6 to 10 of the document mentioned in subsection (1) .\n(sec.57-ssec.1) This section applies to a coal mine that meets the criteria for a major hazard facility under the NOHSC document entitled ‘National Standard for the Control of Major Hazard Facilities [NOHSC:1014]’.\n(sec.57-ssec.2) The mine’s safety and health management system must provide for the mine’s operations to be carried out in accordance with— this regulation; and for operations other than the preparation and use of explosives at a blast site—the national standard safety and health provisions— to the extent the provisions are consistent with the Act and this regulation; and as if a reference in the provisions to the relevant public authority were a reference to the chief inspector of mines.\n(sec.57-ssec.3) In this section— national standard safety and health provisions means sections 6 to 10 of the document mentioned in subsection (1) .\n- (a) this regulation; and\n- (b) for operations other than the preparation and use of explosives at a blast site—the national standard safety and health provisions— (i) to the extent the provisions are consistent with the Act and this regulation; and (ii) as if a reference in the provisions to the relevant public authority were a reference to the chief inspector of mines.\n- (i) to the extent the provisions are consistent with the Act and this regulation; and\n- (ii) as if a reference in the provisions to the relevant public authority were a reference to the chief inspector of mines.\n- (i) to the extent the provisions are consistent with the Act and this regulation; and\n- (ii) as if a reference in the provisions to the relevant public authority were a reference to the chief inspector of mines.","sortOrder":145},{"sectionNumber":"ch.2-pt.7-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":146},{"sectionNumber":"sec.57A","sectionType":"section","heading":"First aid measures","content":"### sec.57A First aid measures\n\nThe site senior executive for a coal mine must ensure the mine has the first aid measures recommended in the safety data sheet for each hazardous chemical, or dangerous goods, at the mine.\ns 57A ins 2019 SL No. 140 s 6","sortOrder":147},{"sectionNumber":"sec.57B","sectionType":"section","heading":"Records","content":"### sec.57B Records\n\nThe site senior executive for a coal mine must ensure a record is kept at the mine of each of the following things relating to a hazardous chemical, or dangerous goods, at the mine—\nquantity and location on site;\ndate of receipt or production;\nuse, sale or disposal, if any;\ndeterioration or product failure, if any;\nleak, spill, unintended emission, misuse, theft or other loss, if any.\nThe site senior executive must ensure a record about the disposal of a hazardous chemical, or dangerous goods, on site—\nis kept at the mine until the mine’s coal mining operations stop; and\nafter the mine’s coal mining operations stop, is given to the CEO.\nThe site senior executive must ensure a record under subsection (1) about a matter other than a matter mentioned in subsection (2) is kept at the mine until the hazardous chemical, or dangerous goods, to which the record relates have been used, disposed of, or removed from site.\ns 57B ins 2019 SL No. 140 s 6\namd 2020 SL No. 69 s 24 sch 1\n(sec.57B-ssec.1) The site senior executive for a coal mine must ensure a record is kept at the mine of each of the following things relating to a hazardous chemical, or dangerous goods, at the mine— quantity and location on site; date of receipt or production; use, sale or disposal, if any; deterioration or product failure, if any; leak, spill, unintended emission, misuse, theft or other loss, if any.\n(sec.57B-ssec.2) The site senior executive must ensure a record about the disposal of a hazardous chemical, or dangerous goods, on site— is kept at the mine until the mine’s coal mining operations stop; and after the mine’s coal mining operations stop, is given to the CEO.\n(sec.57B-ssec.3) The site senior executive must ensure a record under subsection (1) about a matter other than a matter mentioned in subsection (2) is kept at the mine until the hazardous chemical, or dangerous goods, to which the record relates have been used, disposed of, or removed from site.\n- (a) quantity and location on site;\n- (b) date of receipt or production;\n- (c) use, sale or disposal, if any;\n- (d) deterioration or product failure, if any;\n- (e) leak, spill, unintended emission, misuse, theft or other loss, if any.\n- (a) is kept at the mine until the mine’s coal mining operations stop; and\n- (b) after the mine’s coal mining operations stop, is given to the CEO.","sortOrder":148},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Mine plans and other information about mines","content":"# Mine plans and other information about mines","sortOrder":149},{"sectionNumber":"sec.58","sectionType":"section","heading":"Accuracy of plans and information","content":"### sec.58 Accuracy of plans and information\n\nIf it is not practicable for a plan of coal mine workings to accurately show the details mentioned in section 67 (1) (a) of the Act , the site senior executive must ensure the parts of the plan containing the details for which accuracy is not practicable are clearly marked.\nThe site senior executive for a coal mine must ensure information kept at the mine under section 67 (1) (c) and (d) of the Act is sufficiently accurate to achieve an acceptable level of risk in the mine’s coal mining operations.\n(sec.58-ssec.1) If it is not practicable for a plan of coal mine workings to accurately show the details mentioned in section 67 (1) (a) of the Act , the site senior executive must ensure the parts of the plan containing the details for which accuracy is not practicable are clearly marked.\n(sec.58-ssec.2) The site senior executive for a coal mine must ensure information kept at the mine under section 67 (1) (c) and (d) of the Act is sufficiently accurate to achieve an acceptable level of risk in the mine’s coal mining operations.","sortOrder":150},{"sectionNumber":"sec.59","sectionType":"section","heading":"Survey grid system","content":"### sec.59 Survey grid system\n\nThe site senior executive for a coal mine must ensure—\na datum station, referenced to GDA and AHD, is established near the mine for mine surveys; and\nif a local grid system is used for the surveys, the relationship between the grid system and GDA and AHD is established and shown on the survey plans.\n- (a) a datum station, referenced to GDA and AHD, is established near the mine for mine surveys; and\n- (b) if a local grid system is used for the surveys, the relationship between the grid system and GDA and AHD is established and shown on the survey plans.","sortOrder":151},{"sectionNumber":"sec.60","sectionType":"section","heading":"Record of drilling activities","content":"### sec.60 Record of drilling activities\n\nThis section applies to a coal mine where the only activities carried on are principally for, or in connection with, exploring for coal.\nThe site senior executive of the mine must ensure a record, complying with this section, of all boreholes for exploration or fluid drainage that are drilled from the surface is made and given to—\nthe holder for the mine; and\nthe CEO.\nThe record must include the following—\nthe accurate location of each borehole collar;\nthe depth and thickness of each coal seam intersected;\nif a borehole is not vertical—details of its bearing, dip angle and length;\nthe location, nature and dimensions of any metallic, radioactive or other potentially harmful material left in any borehole.\nPlans and information required to be kept at the mine under section 67 of the Act must include the information contained in the record.\ns 60 amd 2020 SL No. 69 s 24 sch 1\n(sec.60-ssec.1) This section applies to a coal mine where the only activities carried on are principally for, or in connection with, exploring for coal.\n(sec.60-ssec.2) The site senior executive of the mine must ensure a record, complying with this section, of all boreholes for exploration or fluid drainage that are drilled from the surface is made and given to— the holder for the mine; and the CEO.\n(sec.60-ssec.3) The record must include the following— the accurate location of each borehole collar; the depth and thickness of each coal seam intersected; if a borehole is not vertical—details of its bearing, dip angle and length; the location, nature and dimensions of any metallic, radioactive or other potentially harmful material left in any borehole.\n(sec.60-ssec.4) Plans and information required to be kept at the mine under section 67 of the Act must include the information contained in the record.\n- (a) the holder for the mine; and\n- (b) the CEO.\n- (a) the accurate location of each borehole collar;\n- (b) the depth and thickness of each coal seam intersected;\n- (c) if a borehole is not vertical—details of its bearing, dip angle and length;\n- (d) the location, nature and dimensions of any metallic, radioactive or other potentially harmful material left in any borehole.","sortOrder":152},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Borehole abandonment record","content":"### sec.60A Borehole abandonment record\n\nThis section applies if, during an annual reporting period for a mining tenure—\na borehole is abandoned at a coal mine; and\nprescribed equipment is left in, or immediately adjacent to, a coal seam in the borehole.\nThe site senior executive for the mine must ensure a record complying with this section is made and given to the CEO within 2 months after the last day of the annual reporting period.\nThe record must include the following—\ndetails of the casing and equipment left in the borehole, with diagrams showing the major dimensions and features of the casing and equipment;\na full description of all equipment, including prescribed equipment, that is left in the borehole, including—\nthe size and nature of the equipment; and\nany features of the equipment that may cause a hazard to coal mining operations;\naluminium, electronics or batteries\nfor prescribed equipment—the surveyed location of the equipment as required under section 100 (1) (a) (i) ;\nthe method of the cementing operations carried out in or on the borehole, including each of the following—\nthe location and type of plugs;\nthe intervals covered;\nthe volume and type of cement used;\nany losses of cement due to voids or permeable strata;\nthe methods used to overcome losses of cement;\nthe method, materials and volume of cement used to cement voids;\na description of any other abandonment procedures used for the borehole;\nany other details of the activities undertaken in drilling, completing and abandoning the borehole, including an assessment of their possible impacts, that would assist a person in making an assessment of potential risks to safe and efficient mining.\nIn this section—\nannual reporting period , for a mining tenure, means a period of 1 year starting on each anniversary of the day the tenure was granted.\nprescribed equipment means—\nmetal equipment, including casing; and\nany other equipment that may create a hazard to coal mining operations.\ns 60A amd 2018 SL No. 135 s 177 ; 2020 SL No. 69 s 24 sch 1\n(sec.60A-ssec.1) This section applies if, during an annual reporting period for a mining tenure— a borehole is abandoned at a coal mine; and prescribed equipment is left in, or immediately adjacent to, a coal seam in the borehole.\n(sec.60A-ssec.2) The site senior executive for the mine must ensure a record complying with this section is made and given to the CEO within 2 months after the last day of the annual reporting period.\n(sec.60A-ssec.3) The record must include the following— details of the casing and equipment left in the borehole, with diagrams showing the major dimensions and features of the casing and equipment; a full description of all equipment, including prescribed equipment, that is left in the borehole, including— the size and nature of the equipment; and any features of the equipment that may cause a hazard to coal mining operations; aluminium, electronics or batteries for prescribed equipment—the surveyed location of the equipment as required under section 100 (1) (a) (i) ; the method of the cementing operations carried out in or on the borehole, including each of the following— the location and type of plugs; the intervals covered; the volume and type of cement used; any losses of cement due to voids or permeable strata; the methods used to overcome losses of cement; the method, materials and volume of cement used to cement voids; a description of any other abandonment procedures used for the borehole; any other details of the activities undertaken in drilling, completing and abandoning the borehole, including an assessment of their possible impacts, that would assist a person in making an assessment of potential risks to safe and efficient mining.\n(sec.60A-ssec.4) In this section— annual reporting period , for a mining tenure, means a period of 1 year starting on each anniversary of the day the tenure was granted. prescribed equipment means— metal equipment, including casing; and any other equipment that may create a hazard to coal mining operations. s 60A amd 2018 SL No. 135 s 177 ; 2020 SL No. 69 s 24 sch 1\n- (a) a borehole is abandoned at a coal mine; and\n- (b) prescribed equipment is left in, or immediately adjacent to, a coal seam in the borehole.\n- (a) details of the casing and equipment left in the borehole, with diagrams showing the major dimensions and features of the casing and equipment;\n- (b) a full description of all equipment, including prescribed equipment, that is left in the borehole, including— (i) the size and nature of the equipment; and (ii) any features of the equipment that may cause a hazard to coal mining operations; Example of features that may cause a hazard to coal mining operations— aluminium, electronics or batteries\n- (i) the size and nature of the equipment; and\n- (ii) any features of the equipment that may cause a hazard to coal mining operations; Example of features that may cause a hazard to coal mining operations— aluminium, electronics or batteries\n- (c) for prescribed equipment—the surveyed location of the equipment as required under section 100 (1) (a) (i) ;\n- (d) the method of the cementing operations carried out in or on the borehole, including each of the following— (i) the location and type of plugs; (ii) the intervals covered; (iii) the volume and type of cement used; (iv) any losses of cement due to voids or permeable strata; (v) the methods used to overcome losses of cement;\n- (i) the location and type of plugs;\n- (ii) the intervals covered;\n- (iii) the volume and type of cement used;\n- (iv) any losses of cement due to voids or permeable strata;\n- (v) the methods used to overcome losses of cement;\n- (e) the method, materials and volume of cement used to cement voids;\n- (f) a description of any other abandonment procedures used for the borehole;\n- (g) any other details of the activities undertaken in drilling, completing and abandoning the borehole, including an assessment of their possible impacts, that would assist a person in making an assessment of potential risks to safe and efficient mining.\n- (i) the size and nature of the equipment; and\n- (ii) any features of the equipment that may cause a hazard to coal mining operations; Example of features that may cause a hazard to coal mining operations— aluminium, electronics or batteries\n- (i) the location and type of plugs;\n- (ii) the intervals covered;\n- (iii) the volume and type of cement used;\n- (iv) any losses of cement due to voids or permeable strata;\n- (v) the methods used to overcome losses of cement;\n- (a) metal equipment, including casing; and\n- (b) any other equipment that may create a hazard to coal mining operations.","sortOrder":153},{"sectionNumber":"sec.61","sectionType":"section","heading":"Plans of coal mine workings","content":"### sec.61 Plans of coal mine workings\n\nThe site senior executive for a coal mine must ensure survey plans of the mine’s workings include the following matters that may affect the safety and health of a person in the workings—\nthe location of natural and artificial structures;\nsurface drill holes.\nThe site senior executive must also ensure the plans are sufficient to correlate separate sets of workings at the mine to allow the safe management of interfacing between the workings.\nAlso, the site senior executive must ensure plans of the mine’s workings include—\nthe following matters that may affect the safety and health of a person in the area of an adjacent or overlapping petroleum lease—\nthe surveyed location of all abandoned mining equipment, including, for example, mobile plant and conveyors;\nthe surveyed location and other details of all known incidents of spontaneous combustion; and\nthe following information obtained in relation to mining through part of a coal seam that has been stimulated—\nthe location of the stimulation;\nthe observed extent and impact of the stimulation on the coal seam;\nthe observed effect of the stimulation on the mineability of the coal seam.\nIn this section—\nstimulation means a technique used to increase the permeability of a coal seam, including, for example, hydraulic fracturing, cavitations, fracture acidising, and the use of proppant treatments.\ns 61 amd 2020 SL No. 118 s 4\n(sec.61-ssec.1) The site senior executive for a coal mine must ensure survey plans of the mine’s workings include the following matters that may affect the safety and health of a person in the workings— the location of natural and artificial structures; surface drill holes.\n(sec.61-ssec.2) The site senior executive must also ensure the plans are sufficient to correlate separate sets of workings at the mine to allow the safe management of interfacing between the workings.\n(sec.61-ssec.3) Also, the site senior executive must ensure plans of the mine’s workings include— the following matters that may affect the safety and health of a person in the area of an adjacent or overlapping petroleum lease— the surveyed location of all abandoned mining equipment, including, for example, mobile plant and conveyors; the surveyed location and other details of all known incidents of spontaneous combustion; and the following information obtained in relation to mining through part of a coal seam that has been stimulated— the location of the stimulation; the observed extent and impact of the stimulation on the coal seam; the observed effect of the stimulation on the mineability of the coal seam.\n(sec.61-ssec.4) In this section— stimulation means a technique used to increase the permeability of a coal seam, including, for example, hydraulic fracturing, cavitations, fracture acidising, and the use of proppant treatments.\n- (a) the location of natural and artificial structures;\n- (b) surface drill holes.\n- (a) the following matters that may affect the safety and health of a person in the area of an adjacent or overlapping petroleum lease— (i) the surveyed location of all abandoned mining equipment, including, for example, mobile plant and conveyors; (ii) the surveyed location and other details of all known incidents of spontaneous combustion; and\n- (i) the surveyed location of all abandoned mining equipment, including, for example, mobile plant and conveyors;\n- (ii) the surveyed location and other details of all known incidents of spontaneous combustion; and\n- (b) the following information obtained in relation to mining through part of a coal seam that has been stimulated— (i) the location of the stimulation; (ii) the observed extent and impact of the stimulation on the coal seam; (iii) the observed effect of the stimulation on the mineability of the coal seam.\n- (i) the location of the stimulation;\n- (ii) the observed extent and impact of the stimulation on the coal seam;\n- (iii) the observed effect of the stimulation on the mineability of the coal seam.\n- (i) the surveyed location of all abandoned mining equipment, including, for example, mobile plant and conveyors;\n- (ii) the surveyed location and other details of all known incidents of spontaneous combustion; and\n- (i) the location of the stimulation;\n- (ii) the observed extent and impact of the stimulation on the coal seam;\n- (iii) the observed effect of the stimulation on the mineability of the coal seam.","sortOrder":154},{"sectionNumber":"sec.62","sectionType":"section","heading":"Plans of highwall mining underground excavation","content":"### sec.62 Plans of highwall mining underground excavation\n\nTo remove any doubt, it is declared that, for section 67 (1) (a) (i) of the Act , the extent of mine workings and the current position of any part of mine workings includes the extent and position of each highwall mining underground excavation at the mine.","sortOrder":155},{"sectionNumber":"sec.63","sectionType":"section","heading":"Mine rescue plan","content":"### sec.63 Mine rescue plan\n\nThe site senior executive for a coal mine must ensure a mine rescue plan showing the mine’s water reticulation and communication arrangements and main access roads is kept at the mine.\nFor an underground mine, the plan must also show the following—\nthe location of—\neach entry to the mine workings; and\neach ventilation fan installation;\neach access road to the mine surface infrastructure;\neach surface installation, administration building and other infrastructure.\nThe scale of the plan must be sufficient to enable the plan to be overlaid on the plan of the mine workings.\nIn an emergency, the site senior executive must make available to the mine rescue team a sufficient number of copies of the plan at a scale suitable for use by the team in the emergency.\n(sec.63-ssec.1) The site senior executive for a coal mine must ensure a mine rescue plan showing the mine’s water reticulation and communication arrangements and main access roads is kept at the mine.\n(sec.63-ssec.2) For an underground mine, the plan must also show the following— the location of— each entry to the mine workings; and each ventilation fan installation; each access road to the mine surface infrastructure; each surface installation, administration building and other infrastructure.\n(sec.63-ssec.3) The scale of the plan must be sufficient to enable the plan to be overlaid on the plan of the mine workings.\n(sec.63-ssec.4) In an emergency, the site senior executive must make available to the mine rescue team a sufficient number of copies of the plan at a scale suitable for use by the team in the emergency.\n- (a) the location of— (i) each entry to the mine workings; and (ii) each ventilation fan installation;\n- (i) each entry to the mine workings; and\n- (ii) each ventilation fan installation;\n- (b) each access road to the mine surface infrastructure;\n- (c) each surface installation, administration building and other infrastructure.\n- (i) each entry to the mine workings; and\n- (ii) each ventilation fan installation;","sortOrder":156},{"sectionNumber":"ch.2-pt.9","sectionType":"part","heading":"Personal protective equipment","content":"# Personal protective equipment","sortOrder":157},{"sectionNumber":"sec.64","sectionType":"section","heading":"Providing personal protective equipment","content":"### sec.64 Providing personal protective equipment\n\nA coal mine operator for a coal mine must—\nprovide, for the mine’s coal mine workers, personal protective equipment that is—\nappropriate for the hazards associated with the workers’ tasks; and\nsufficient for the number of workers carrying out the tasks; and\nensure the equipment is readily available for use by the workers.\nsafety helmets and boots\nFor subsection (1) (a) (i) , if the hazard relates to a hazardous chemical or dangerous goods, the coal mine operator must have regard to the safety data sheet for the chemical or goods.\ns 64 amd 2019 SL No. 140 s 7\n(sec.64-ssec.1) A coal mine operator for a coal mine must— provide, for the mine’s coal mine workers, personal protective equipment that is— appropriate for the hazards associated with the workers’ tasks; and sufficient for the number of workers carrying out the tasks; and ensure the equipment is readily available for use by the workers. safety helmets and boots\n(sec.64-ssec.2) For subsection (1) (a) (i) , if the hazard relates to a hazardous chemical or dangerous goods, the coal mine operator must have regard to the safety data sheet for the chemical or goods.\n- (a) provide, for the mine’s coal mine workers, personal protective equipment that is— (i) appropriate for the hazards associated with the workers’ tasks; and (ii) sufficient for the number of workers carrying out the tasks; and\n- (i) appropriate for the hazards associated with the workers’ tasks; and\n- (ii) sufficient for the number of workers carrying out the tasks; and\n- (b) ensure the equipment is readily available for use by the workers. Example of personal protective equipment for paragraph (a) — safety helmets and boots\n- (i) appropriate for the hazards associated with the workers’ tasks; and\n- (ii) sufficient for the number of workers carrying out the tasks; and","sortOrder":158},{"sectionNumber":"sec.65","sectionType":"section","heading":"Standard operating procedure","content":"### sec.65 Standard operating procedure\n\nA coal mine must have a standard operating procedure for using personal protective equipment for a task at the mine.\nThe procedure must provide for the following—\ntraining workers in—\nselecting appropriate personal protective equipment for the task; and\nusing the equipment;\ninstructions on using, maintaining and disposing of the equipment.\n(sec.65-ssec.1) A coal mine must have a standard operating procedure for using personal protective equipment for a task at the mine.\n(sec.65-ssec.2) The procedure must provide for the following— training workers in— selecting appropriate personal protective equipment for the task; and using the equipment; instructions on using, maintaining and disposing of the equipment.\n- (a) training workers in— (i) selecting appropriate personal protective equipment for the task; and (ii) using the equipment;\n- (i) selecting appropriate personal protective equipment for the task; and\n- (ii) using the equipment;\n- (b) instructions on using, maintaining and disposing of the equipment.\n- (i) selecting appropriate personal protective equipment for the task; and\n- (ii) using the equipment;","sortOrder":159},{"sectionNumber":"ch.2-pt.10","sectionType":"part","heading":"Plant","content":"# Plant","sortOrder":160},{"sectionNumber":"ch.2-pt.10-div.1","sectionType":"division","heading":"Fixed and mobile plant","content":"## Fixed and mobile plant","sortOrder":161},{"sectionNumber":"sec.66","sectionType":"section","heading":"Braking systems","content":"### sec.66 Braking systems\n\nA coal mine’s safety and health management system must provide for the continued effectiveness of braking systems on fixed and mobile plant used at the mine.\nhoist brakes on shovels or draglines\nbraking systems on winders\nThe system must provide for the following—\nthe dynamic testing of service brakes;\nappropriate testing of parking brakes, emergency brakes and other braking systems the failure of which may create a risk to a person;\nkeeping a record of the brake test results in a location that is easily accessible by each coal mine worker at the mine.\n(sec.66-ssec.1) A coal mine’s safety and health management system must provide for the continued effectiveness of braking systems on fixed and mobile plant used at the mine. hoist brakes on shovels or draglines braking systems on winders\n(sec.66-ssec.2) The system must provide for the following— the dynamic testing of service brakes; appropriate testing of parking brakes, emergency brakes and other braking systems the failure of which may create a risk to a person; keeping a record of the brake test results in a location that is easily accessible by each coal mine worker at the mine.\n- 1 hoist brakes on shovels or draglines\n- 2 braking systems on winders\n- (a) the dynamic testing of service brakes;\n- (b) appropriate testing of parking brakes, emergency brakes and other braking systems the failure of which may create a risk to a person;\n- (c) keeping a record of the brake test results in a location that is easily accessible by each coal mine worker at the mine.","sortOrder":162},{"sectionNumber":"sec.67","sectionType":"section","heading":"Machine guarding or fencing","content":"### sec.67 Machine guarding or fencing\n\nA coal mine’s safety and health management system must provide for minimising the risk to persons from exposed moving or rotating machine components by guarding or fencing the components.","sortOrder":163},{"sectionNumber":"sec.68","sectionType":"section","heading":"Modifying plant","content":"### sec.68 Modifying plant\n\nA coal mine must have a standard operating procedure for modifying fixed and mobile plant.\nA coal mine’s safety and health management system must provide for the following—\nrecording modifications made to the plant at the mine;\nupdating drawings of the plant held at the mine to include the modifications;\nassessing and managing risk associated with the modifications.\n(sec.68-ssec.1) A coal mine must have a standard operating procedure for modifying fixed and mobile plant.\n(sec.68-ssec.2) A coal mine’s safety and health management system must provide for the following— recording modifications made to the plant at the mine; updating drawings of the plant held at the mine to include the modifications; assessing and managing risk associated with the modifications.\n- (a) recording modifications made to the plant at the mine;\n- (b) updating drawings of the plant held at the mine to include the modifications;\n- (c) assessing and managing risk associated with the modifications.","sortOrder":164},{"sectionNumber":"sec.69","sectionType":"section","heading":"Pre-start warning","content":"### sec.69 Pre-start warning\n\nThis section applies if starting fixed or mobile plant at a coal mine is likely to cause a hazard to a person near the plant.\nThe mine’s safety and health management system must provide for the plant to be fitted with a device that sounds a warning before the plant is started.\n(sec.69-ssec.1) This section applies if starting fixed or mobile plant at a coal mine is likely to cause a hazard to a person near the plant.\n(sec.69-ssec.2) The mine’s safety and health management system must provide for the plant to be fitted with a device that sounds a warning before the plant is started.","sortOrder":165},{"sectionNumber":"sec.70","sectionType":"section","heading":"Safe access to plant","content":"### sec.70 Safe access to plant\n\nA coal mine’s safety and health management system must provide for safe access to, and egress from, fixed and mobile plant used at the mine, including each part of the plant that is routinely accessed.","sortOrder":166},{"sectionNumber":"sec.71","sectionType":"section","heading":"Safety checks by competent person","content":"### sec.71 Safety checks by competent person\n\nA coal mine’s safety and health management system must provide for—\nfixed and mobile plant used at the mine to be checked for hazards that might reasonably be expected from operating the plant; and\nthe checks to be carried out—\nby a person competent in recognising the hazards; and\nperiodically and, if the plant has been stopped for at least 24 hours, before the plant is started again.\n- (a) fixed and mobile plant used at the mine to be checked for hazards that might reasonably be expected from operating the plant; and\n- (b) the checks to be carried out— (i) by a person competent in recognising the hazards; and (ii) periodically and, if the plant has been stopped for at least 24 hours, before the plant is started again.\n- (i) by a person competent in recognising the hazards; and\n- (ii) periodically and, if the plant has been stopped for at least 24 hours, before the plant is started again.\n- (i) by a person competent in recognising the hazards; and\n- (ii) periodically and, if the plant has been stopped for at least 24 hours, before the plant is started again.","sortOrder":167},{"sectionNumber":"sec.72","sectionType":"section","heading":"Miscellaneous","content":"### sec.72 Miscellaneous\n\nA coal mine must have standard operating procedures for the following—\nfitting, removing, testing, maintaining and repairing tyres and rims on fixed and mobile plant;\nrecovering fixed and mobile plant after an accident or incident;\nassembling and maintaining fixed and mobile plant in its operational location;\ncarrying persons in mobile plant;\nselecting, maintaining and using lifting plant;\nmarking lifting plant to show its date of manufacture and capacity;\nensuring the safety of persons when plant is being towed;\nensuring the safety of persons involved in servicing, lubricating and refuelling mobile plant;\nensuring the safety of persons when heavy plant and supplies are being transported at the mine.\n- (a) fitting, removing, testing, maintaining and repairing tyres and rims on fixed and mobile plant;\n- (b) recovering fixed and mobile plant after an accident or incident;\n- (c) assembling and maintaining fixed and mobile plant in its operational location;\n- (d) carrying persons in mobile plant;\n- (e) selecting, maintaining and using lifting plant;\n- (f) marking lifting plant to show its date of manufacture and capacity;\n- (g) ensuring the safety of persons when plant is being towed;\n- (h) ensuring the safety of persons involved in servicing, lubricating and refuelling mobile plant;\n- (i) ensuring the safety of persons when heavy plant and supplies are being transported at the mine.","sortOrder":168},{"sectionNumber":"ch.2-pt.10-div.2","sectionType":"division","heading":"Mobile plant","content":"## Mobile plant","sortOrder":169},{"sectionNumber":"sec.73","sectionType":"section","heading":"Checking mobile plant","content":"### sec.73 Checking mobile plant\n\nA coal mine must have a standard operating procedure for checking mobile plant used at the mine.\nThe procedure must provide for the operator of the plant, as soon as practicable after taking control of the plant, to check that the plant’s brakes, steering, lights and any other safety features are functioning properly.\n(sec.73-ssec.1) A coal mine must have a standard operating procedure for checking mobile plant used at the mine.\n(sec.73-ssec.2) The procedure must provide for the operator of the plant, as soon as practicable after taking control of the plant, to check that the plant’s brakes, steering, lights and any other safety features are functioning properly.","sortOrder":170},{"sectionNumber":"sec.74","sectionType":"section","heading":"Protective structures","content":"### sec.74 Protective structures\n\nThis section applies to mobile plant used at a coal mine if the plant is assessed as being at risk of overturning or being struck by a falling object.\nThe site senior executive for the coal mine must ensure the plant is provided with a structure to protect a person using the plant from injury if the plant overturns or is struck by the object.\n(sec.74-ssec.1) This section applies to mobile plant used at a coal mine if the plant is assessed as being at risk of overturning or being struck by a falling object.\n(sec.74-ssec.2) The site senior executive for the coal mine must ensure the plant is provided with a structure to protect a person using the plant from injury if the plant overturns or is struck by the object.","sortOrder":171},{"sectionNumber":"sec.75","sectionType":"section","heading":"Seat belts","content":"### sec.75 Seat belts\n\nThe site senior executive for a coal mine must ensure a risk assessment is carried out on the types of vehicles used at the mine, and the way the types are used at the mine, to decide if seat belts are needed to reduce the risk to persons using the vehicles.\nIf a seat belt is installed in mobile plant, the person occupying the seat must wear the seat belt while the plant is moving.\n(sec.75-ssec.1) The site senior executive for a coal mine must ensure a risk assessment is carried out on the types of vehicles used at the mine, and the way the types are used at the mine, to decide if seat belts are needed to reduce the risk to persons using the vehicles.\n(sec.75-ssec.2) If a seat belt is installed in mobile plant, the person occupying the seat must wear the seat belt while the plant is moving.","sortOrder":172},{"sectionNumber":"sec.76","sectionType":"section","heading":"Using mobile plant","content":"### sec.76 Using mobile plant\n\nA coal mine must have a standard operating procedure for using mobile plant.\nThe procedure must include ways of minimising risks from the following—\nlight and heavy vehicle interaction;\novertaking and parking vehicles.\nThe procedure must have regard to the design and construction of the mine’s roads.\n(sec.76-ssec.1) A coal mine must have a standard operating procedure for using mobile plant.\n(sec.76-ssec.2) The procedure must include ways of minimising risks from the following— light and heavy vehicle interaction; overtaking and parking vehicles.\n(sec.76-ssec.3) The procedure must have regard to the design and construction of the mine’s roads.\n- (a) light and heavy vehicle interaction;\n- (b) overtaking and parking vehicles.","sortOrder":173},{"sectionNumber":"sec.77","sectionType":"section","heading":"Warning system if mobile plant operator’s visibility is restricted","content":"### sec.77 Warning system if mobile plant operator’s visibility is restricted\n\nThis section applies if the visibility of a mobile plant operator at a coal mine is restricted while operating the plant.\nThe site senior executive for the coal mine must ensure the mine has a warning system to ensure the safety of persons near the plant before its initial movement.\n(sec.77-ssec.1) This section applies if the visibility of a mobile plant operator at a coal mine is restricted while operating the plant.\n(sec.77-ssec.2) The site senior executive for the coal mine must ensure the mine has a warning system to ensure the safety of persons near the plant before its initial movement.","sortOrder":174},{"sectionNumber":"ch.2-pt.10-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":175},{"sectionNumber":"sec.78","sectionType":"section","heading":"Isolating and tagging procedures","content":"### sec.78 Isolating and tagging procedures\n\nA coal mine must have a standard operating procedure for the following—\ncontrolling the risk of an unplanned release of energy from plant, including positively isolating the energy source;\nif an electrical or mechanical energy source is positively isolated—testing for zero potential;\ntaking plant out of service;\nreturning plant to service.\nWithout limiting subsection (1) , the standard operating procedure may provide for the use of danger, isolation, operational, out of service, personal and restriction tags for particular circumstances.\nIf the safety or health of a person is directly affected by the operation or non-operation of plant, the procedure must also provide for the person to personally control, by attaching a danger tag or lock to the plant, the plant’s change in status from non-operational to operational.\nFor subsection (1) (a) , the method for positively isolating the energy source for plant provided for in the standard operating procedure must—\nfor plant that is electrical equipment—be a manually initiated operation that—\nisolates all active power conductors of the plant being isolated from the electricity supply; and\nprevents unintended re-energisation, including re-energisation through inadvertent operation of the plant or component failure; and\nfor other plant—be the operation of a manually operated device that—\nis installed in the energy supply for the plant and, when operated, isolates the plant from its energy source; and\nrequires a manually initiated operation for the supply of energy to the plant to be resumed; and\nrequire the isolation device be clearly marked as being the positive means of isolating the plant.\nIn this section—\nisolation device means—\nfor plant that is electrical equipment—the device used manually to initiate the operation mentioned in subsection (4) (a) ; or\nfor other plant—the device mentioned in subsection (4) (b) .\n(sec.78-ssec.1) A coal mine must have a standard operating procedure for the following— controlling the risk of an unplanned release of energy from plant, including positively isolating the energy source; if an electrical or mechanical energy source is positively isolated—testing for zero potential; taking plant out of service; returning plant to service.\n(sec.78-ssec.2) Without limiting subsection (1) , the standard operating procedure may provide for the use of danger, isolation, operational, out of service, personal and restriction tags for particular circumstances.\n(sec.78-ssec.3) If the safety or health of a person is directly affected by the operation or non-operation of plant, the procedure must also provide for the person to personally control, by attaching a danger tag or lock to the plant, the plant’s change in status from non-operational to operational.\n(sec.78-ssec.4) For subsection (1) (a) , the method for positively isolating the energy source for plant provided for in the standard operating procedure must— for plant that is electrical equipment—be a manually initiated operation that— isolates all active power conductors of the plant being isolated from the electricity supply; and prevents unintended re-energisation, including re-energisation through inadvertent operation of the plant or component failure; and for other plant—be the operation of a manually operated device that— is installed in the energy supply for the plant and, when operated, isolates the plant from its energy source; and requires a manually initiated operation for the supply of energy to the plant to be resumed; and require the isolation device be clearly marked as being the positive means of isolating the plant.\n(sec.78-ssec.5) In this section— isolation device means— for plant that is electrical equipment—the device used manually to initiate the operation mentioned in subsection (4) (a) ; or for other plant—the device mentioned in subsection (4) (b) .\n- (a) controlling the risk of an unplanned release of energy from plant, including positively isolating the energy source;\n- (b) if an electrical or mechanical energy source is positively isolated—testing for zero potential;\n- (c) taking plant out of service;\n- (d) returning plant to service.\n- (a) for plant that is electrical equipment—be a manually initiated operation that— (i) isolates all active power conductors of the plant being isolated from the electricity supply; and (ii) prevents unintended re-energisation, including re-energisation through inadvertent operation of the plant or component failure; and\n- (i) isolates all active power conductors of the plant being isolated from the electricity supply; and\n- (ii) prevents unintended re-energisation, including re-energisation through inadvertent operation of the plant or component failure; and\n- (b) for other plant—be the operation of a manually operated device that— (i) is installed in the energy supply for the plant and, when operated, isolates the plant from its energy source; and (ii) requires a manually initiated operation for the supply of energy to the plant to be resumed; and\n- (i) is installed in the energy supply for the plant and, when operated, isolates the plant from its energy source; and\n- (ii) requires a manually initiated operation for the supply of energy to the plant to be resumed; and\n- (c) require the isolation device be clearly marked as being the positive means of isolating the plant.\n- (i) isolates all active power conductors of the plant being isolated from the electricity supply; and\n- (ii) prevents unintended re-energisation, including re-energisation through inadvertent operation of the plant or component failure; and\n- (i) is installed in the energy supply for the plant and, when operated, isolates the plant from its energy source; and\n- (ii) requires a manually initiated operation for the supply of energy to the plant to be resumed; and\n- (a) for plant that is electrical equipment—the device used manually to initiate the operation mentioned in subsection (4) (a) ; or\n- (b) for other plant—the device mentioned in subsection (4) (b) .","sortOrder":176},{"sectionNumber":"sec.79","sectionType":"section","heading":"Equipment used for maintaining plant","content":"### sec.79 Equipment used for maintaining plant\n\nA coal mine must have a standard operating procedure for electrical and mechanical equipment used for inspecting, testing and maintaining the safe operation of plant at the mine.\nThe procedure must provide for the following—\nselecting equipment that is fit for its intended purpose;\nusing the equipment safely;\nmaintaining the equipment in accordance with its specification;\ntesting the equipment at appropriate intervals and labelling the equipment to show when the equipment was last tested.\n(sec.79-ssec.1) A coal mine must have a standard operating procedure for electrical and mechanical equipment used for inspecting, testing and maintaining the safe operation of plant at the mine.\n(sec.79-ssec.2) The procedure must provide for the following— selecting equipment that is fit for its intended purpose; using the equipment safely; maintaining the equipment in accordance with its specification; testing the equipment at appropriate intervals and labelling the equipment to show when the equipment was last tested.\n- (a) selecting equipment that is fit for its intended purpose;\n- (b) using the equipment safely;\n- (c) maintaining the equipment in accordance with its specification;\n- (d) testing the equipment at appropriate intervals and labelling the equipment to show when the equipment was last tested.","sortOrder":177},{"sectionNumber":"sec.80","sectionType":"section","heading":"Fluid above and below atmospheric pressure","content":"### sec.80 Fluid above and below atmospheric pressure\n\nA coal mine’s safety and health management system must provide for managing risk from using fluids above or below atmospheric pressure.","sortOrder":178},{"sectionNumber":"sec.81","sectionType":"section","heading":"Action to be taken if certified equipment does not meet certification requirements or is likely to create an unacceptable level of risk","content":"### sec.81 Action to be taken if certified equipment does not meet certification requirements or is likely to create an unacceptable level of risk\n\nSubsection (2) applies if a nationally accredited testing station becomes aware that—\nequipment certified by the testing station should not have been certified because the equipment did not meet the requirements for certification; or\nthe requirements for certification change in a way that is likely to create an unacceptable level of risk if equipment that has been certified by the testing station is used for the purpose for which the equipment was certified; or\nthe certification of equipment is amended, suspended or cancelled.\nThe testing station must give immediate notice of the fact to—\nthe manufacturer or supplier of the equipment who obtained the certification; and\nthe chief inspector.\nIf a manufacturer or supplier of certified equipment becomes aware of a matter mentioned in subsection (1) relating to the equipment, the manufacturer or supplier must give immediate notice of the matter to—\nthe site senior executive for each mine at which the equipment is, to the manufacturer’s or supplier’s knowledge, being used; and\neach manufacturer of equipment for the mining industry to whom the manufacturer or supplier has supplied the equipment; and\neach contractor who works in the mining industry and to whom the manufacturer or supplier has supplied the equipment.\nIf the site senior executive for a coal mine becomes aware that a matter mentioned in subsection (1) relates to certified equipment used at the mine, the site senior executive must immediately—\ntake action to ensure the continued use of the equipment does not create an unacceptable level of risk; and\ngive the chief inspector notice stating the equipment type and how many items of the equipment are in use at the mine.\n(sec.81-ssec.1) Subsection (2) applies if a nationally accredited testing station becomes aware that— equipment certified by the testing station should not have been certified because the equipment did not meet the requirements for certification; or the requirements for certification change in a way that is likely to create an unacceptable level of risk if equipment that has been certified by the testing station is used for the purpose for which the equipment was certified; or the certification of equipment is amended, suspended or cancelled.\n(sec.81-ssec.2) The testing station must give immediate notice of the fact to— the manufacturer or supplier of the equipment who obtained the certification; and the chief inspector.\n(sec.81-ssec.3) If a manufacturer or supplier of certified equipment becomes aware of a matter mentioned in subsection (1) relating to the equipment, the manufacturer or supplier must give immediate notice of the matter to— the site senior executive for each mine at which the equipment is, to the manufacturer’s or supplier’s knowledge, being used; and each manufacturer of equipment for the mining industry to whom the manufacturer or supplier has supplied the equipment; and each contractor who works in the mining industry and to whom the manufacturer or supplier has supplied the equipment.\n(sec.81-ssec.4) If the site senior executive for a coal mine becomes aware that a matter mentioned in subsection (1) relates to certified equipment used at the mine, the site senior executive must immediately— take action to ensure the continued use of the equipment does not create an unacceptable level of risk; and give the chief inspector notice stating the equipment type and how many items of the equipment are in use at the mine.\n- (a) equipment certified by the testing station should not have been certified because the equipment did not meet the requirements for certification; or\n- (b) the requirements for certification change in a way that is likely to create an unacceptable level of risk if equipment that has been certified by the testing station is used for the purpose for which the equipment was certified; or\n- (c) the certification of equipment is amended, suspended or cancelled.\n- (a) the manufacturer or supplier of the equipment who obtained the certification; and\n- (b) the chief inspector.\n- (a) the site senior executive for each mine at which the equipment is, to the manufacturer’s or supplier’s knowledge, being used; and\n- (b) each manufacturer of equipment for the mining industry to whom the manufacturer or supplier has supplied the equipment; and\n- (c) each contractor who works in the mining industry and to whom the manufacturer or supplier has supplied the equipment.\n- (a) take action to ensure the continued use of the equipment does not create an unacceptable level of risk; and\n- (b) give the chief inspector notice stating the equipment type and how many items of the equipment are in use at the mine.","sortOrder":179},{"sectionNumber":"ch.2-pt.11","sectionType":"part","heading":"Training","content":"# Training","sortOrder":180},{"sectionNumber":"sec.82","sectionType":"section","heading":"Training scheme","content":"### sec.82 Training scheme\n\nA coal mine’s safety and health management system must provide for a training scheme for the following persons—\ncoal mine workers and other persons at the mine;\noperational ROC workers for the mine.\nThe scheme must provide for the following—\ninduction training for coal mine workers and other persons at the mine, and operational ROC workers for the mine;\nrefresher training for coal mine workers at the mine, and operational ROC workers for the mine;\nestablishing the workers’ training needs about the safe performance of the mine’s coal mining operations, including, for example, training needs about the mine’s standard operating procedures;\nrecognising a worker’s current competencies and prior learning in establishing the worker’s training needs;\nestablishing a training program to meet the training needs using the endorsed components of the resources and infrastructure industry training package that are relevant for training and assessing the coal mine workers at the mine, and the operational ROC workers for the mine;\nappointing persons who are competent to give the training and assess the workers’ competencies;\nkeeping and auditing records of training and assessment given and undertaken;\ndesignating tasks that may only be carried out by a worker who has been assessed as competent to carry out the tasks;\ntraining workers elected to be safety and health representatives.\nThe training scheme must cover the following matters, to the extent the matters are relevant to the duties of the person undergoing the training—\nthe mine’s safety and health management system;\nThe safety and health management system includes obligations relating to critical control management—see section 62 (5) (e) and (6) of the Act .\noperating mobile plant;\nslinging and moving loads and using lifting devices;\nmanual handling;\nthe purpose of inspections and inspection reports;\nthe Act and this regulation.\nIn this section—\nendorsed means endorsed by the Australian Industry and Skills Committee.\nresources and infrastructure industry training package means the coal industry training package established by the Australian Industry and Skills Committee.\ns 82 amd 2024 SL No. 167 s 15\n(sec.82-ssec.1) A coal mine’s safety and health management system must provide for a training scheme for the following persons— coal mine workers and other persons at the mine; operational ROC workers for the mine.\n(sec.82-ssec.2) The scheme must provide for the following— induction training for coal mine workers and other persons at the mine, and operational ROC workers for the mine; refresher training for coal mine workers at the mine, and operational ROC workers for the mine; establishing the workers’ training needs about the safe performance of the mine’s coal mining operations, including, for example, training needs about the mine’s standard operating procedures; recognising a worker’s current competencies and prior learning in establishing the worker’s training needs; establishing a training program to meet the training needs using the endorsed components of the resources and infrastructure industry training package that are relevant for training and assessing the coal mine workers at the mine, and the operational ROC workers for the mine; appointing persons who are competent to give the training and assess the workers’ competencies; keeping and auditing records of training and assessment given and undertaken; designating tasks that may only be carried out by a worker who has been assessed as competent to carry out the tasks; training workers elected to be safety and health representatives.\n(sec.82-ssec.3) The training scheme must cover the following matters, to the extent the matters are relevant to the duties of the person undergoing the training— the mine’s safety and health management system; The safety and health management system includes obligations relating to critical control management—see section 62 (5) (e) and (6) of the Act . operating mobile plant; slinging and moving loads and using lifting devices; manual handling; the purpose of inspections and inspection reports; the Act and this regulation.\n(sec.82-ssec.4) In this section— endorsed means endorsed by the Australian Industry and Skills Committee. resources and infrastructure industry training package means the coal industry training package established by the Australian Industry and Skills Committee.\n- (a) coal mine workers and other persons at the mine;\n- (b) operational ROC workers for the mine.\n- (a) induction training for coal mine workers and other persons at the mine, and operational ROC workers for the mine;\n- (b) refresher training for coal mine workers at the mine, and operational ROC workers for the mine;\n- (c) establishing the workers’ training needs about the safe performance of the mine’s coal mining operations, including, for example, training needs about the mine’s standard operating procedures;\n- (d) recognising a worker’s current competencies and prior learning in establishing the worker’s training needs;\n- (e) establishing a training program to meet the training needs using the endorsed components of the resources and infrastructure industry training package that are relevant for training and assessing the coal mine workers at the mine, and the operational ROC workers for the mine;\n- (f) appointing persons who are competent to give the training and assess the workers’ competencies;\n- (g) keeping and auditing records of training and assessment given and undertaken;\n- (h) designating tasks that may only be carried out by a worker who has been assessed as competent to carry out the tasks;\n- (i) training workers elected to be safety and health representatives.\n- (a) the mine’s safety and health management system; Note— The safety and health management system includes obligations relating to critical control management—see section 62 (5) (e) and (6) of the Act .\n- (b) operating mobile plant;\n- (c) slinging and moving loads and using lifting devices;\n- (d) manual handling;\n- (e) the purpose of inspections and inspection reports;\n- (f) the Act and this regulation.","sortOrder":181},{"sectionNumber":"sec.82A","sectionType":"section","heading":"Record of training","content":"### sec.82A Record of training\n\nThe site senior executive for a coal mine must ensure a record is kept, in the mine record, of the training given to, and assessment of, each of the following persons under this division—\ncoal mine workers at the mine;\noperational ROC workers for the mine.\ns 82A ins 2024 SL No. 167 s 16\n- (a) coal mine workers at the mine;\n- (b) operational ROC workers for the mine.","sortOrder":182},{"sectionNumber":"sec.83","sectionType":"section","heading":"New coal mine worker not to carry out task until induction training completed","content":"### sec.83 New coal mine worker not to carry out task until induction training completed\n\nA person starting work at a coal mine must not carry out any task at the mine unless the person has completed induction training for the mine.\nSubsection (1) does not apply to a task carried out by the person in the course of induction training.\n(sec.83-ssec.1) A person starting work at a coal mine must not carry out any task at the mine unless the person has completed induction training for the mine.\n(sec.83-ssec.2) Subsection (1) does not apply to a task carried out by the person in the course of induction training.","sortOrder":183},{"sectionNumber":"sec.84","sectionType":"section","heading":"Refresher training","content":"### sec.84 Refresher training\n\nThe site senior executive for a coal mine must ensure each coal mine worker at the mine, and each operational ROC worker for the mine, including each worker holding a senior management or supervisory position and each worker holding a certificate of competency, is given refresher training under the mine’s training scheme at least once every 5 years.\nThe worker must undergo the training.\ns 84 amd 2024 SL No. 167 s 17\n(sec.84-ssec.1) The site senior executive for a coal mine must ensure each coal mine worker at the mine, and each operational ROC worker for the mine, including each worker holding a senior management or supervisory position and each worker holding a certificate of competency, is given refresher training under the mine’s training scheme at least once every 5 years.\n(sec.84-ssec.2) The worker must undergo the training.","sortOrder":184},{"sectionNumber":"sec.85","sectionType":"section","heading":"Coal mine worker or ROC worker not to carry out task unless competent","content":"### sec.85 Coal mine worker or ROC worker not to carry out task unless competent\n\nThis section applies only to a task designated, under a coal mine’s training scheme, as a task that may only be carried out by a person who has been assessed as competent to carry the task out.\nA coal mine worker at the coal mine, or operational ROC worker for the coal mine, must not carry out the task unless the worker—\nhas been assessed as competent; and\nis authorised by the mine’s site senior executive or the site senior executive’s representative, to carry out the task at or for the coal mine.\nSubsection (2) does not apply to a task carried out by a person—\nin the course of training; or\nin an emergency.\ns 85 amd 2024 SL No. 167 s 18\n(sec.85-ssec.1) This section applies only to a task designated, under a coal mine’s training scheme, as a task that may only be carried out by a person who has been assessed as competent to carry the task out.\n(sec.85-ssec.2) A coal mine worker at the coal mine, or operational ROC worker for the coal mine, must not carry out the task unless the worker— has been assessed as competent; and is authorised by the mine’s site senior executive or the site senior executive’s representative, to carry out the task at or for the coal mine.\n(sec.85-ssec.3) Subsection (2) does not apply to a task carried out by a person— in the course of training; or in an emergency.\n- (a) has been assessed as competent; and\n- (b) is authorised by the mine’s site senior executive or the site senior executive’s representative, to carry out the task at or for the coal mine.\n- (a) in the course of training; or\n- (b) in an emergency.","sortOrder":185},{"sectionNumber":"ch.2-pt.11A","sectionType":"part","heading":"Supervising workers","content":"# Supervising workers","sortOrder":186},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Time and resources for carrying out tasks","content":"### sec.85A Time and resources for carrying out tasks\n\nThe site senior executive for a coal mine must ensure time is allocated, and the mine’s resources are distributed, to enable each coal mine worker at the mine to carry out the worker’s tasks without creating an unacceptable level of risk.\nWithout limiting subsection (1) , the site senior executive must ensure the coal mine worker is given the supervision, and help from other competent persons, necessary to achieve an acceptable level of risk.\ns 85A ins 2024 SL No. 167 s 19\n(sec.85A-ssec.1) The site senior executive for a coal mine must ensure time is allocated, and the mine’s resources are distributed, to enable each coal mine worker at the mine to carry out the worker’s tasks without creating an unacceptable level of risk.\n(sec.85A-ssec.2) Without limiting subsection (1) , the site senior executive must ensure the coal mine worker is given the supervision, and help from other competent persons, necessary to achieve an acceptable level of risk.","sortOrder":187},{"sectionNumber":"sec.85B","sectionType":"section","heading":"Supervising workers","content":"### sec.85B Supervising workers\n\nWithout limiting section 85A (2) , the site senior executive for a coal mine must ensure the coal mine’s activities and coal mine workers are supervised to the extent necessary to ensure each worker—\nis not likely to be exposed to conditions beyond the worker’s capabilities; and\nis not likely to be affected by the conditions in which the worker is working in a way that adversely affects the worker’s fitness to perform critical tasks; and\nhas the resources necessary to undertake the work without being exposed to an unacceptable level of risk; and\nis working within the limits of the worker’s fitness and competence; and\ncomplies with the worker’s safety and health obligations.\nThe supervision must include communication, including direct contact, between the supervisor and the coal mine worker at appropriate intervals.\ns 85B ins 2024 SL No. 167 s 19\n(sec.85B-ssec.1) Without limiting section 85A (2) , the site senior executive for a coal mine must ensure the coal mine’s activities and coal mine workers are supervised to the extent necessary to ensure each worker— is not likely to be exposed to conditions beyond the worker’s capabilities; and is not likely to be affected by the conditions in which the worker is working in a way that adversely affects the worker’s fitness to perform critical tasks; and has the resources necessary to undertake the work without being exposed to an unacceptable level of risk; and is working within the limits of the worker’s fitness and competence; and complies with the worker’s safety and health obligations.\n(sec.85B-ssec.2) The supervision must include communication, including direct contact, between the supervisor and the coal mine worker at appropriate intervals.\n- (a) is not likely to be exposed to conditions beyond the worker’s capabilities; and\n- (b) is not likely to be affected by the conditions in which the worker is working in a way that adversely affects the worker’s fitness to perform critical tasks; and\n- (c) has the resources necessary to undertake the work without being exposed to an unacceptable level of risk; and\n- (d) is working within the limits of the worker’s fitness and competence; and\n- (e) complies with the worker’s safety and health obligations.","sortOrder":188},{"sectionNumber":"ch.2-pt.12","sectionType":"part","heading":"Work and work environment","content":"# Work and work environment","sortOrder":189},{"sectionNumber":"sec.86","sectionType":"section","heading":"Air conditioning units","content":"### sec.86 Air conditioning units\n\nA coal mine’s safety and health management system must provide for maintaining and cleaning air conditioning units used at the mine.","sortOrder":190},{"sectionNumber":"sec.87","sectionType":"section","heading":"Bathrooms, toilets and dining facilities","content":"### sec.87 Bathrooms, toilets and dining facilities\n\nThe site senior executive for a coal mine must ensure the mine has sufficient potable water, bathrooms, toilets, other personal hygiene facilities and dining facilities to cater for the needs of the largest number of workers who may be employed at the mine in a single shift.\nThe site senior executive must ensure a bathroom in an area where a person may be exposed to a health risk, including, for example, from dirt, dust or wet clothing, contains separate areas for changing from, and into, clean and dirty clothing.\n(sec.87-ssec.1) The site senior executive for a coal mine must ensure the mine has sufficient potable water, bathrooms, toilets, other personal hygiene facilities and dining facilities to cater for the needs of the largest number of workers who may be employed at the mine in a single shift.\n(sec.87-ssec.2) The site senior executive must ensure a bathroom in an area where a person may be exposed to a health risk, including, for example, from dirt, dust or wet clothing, contains separate areas for changing from, and into, clean and dirty clothing.","sortOrder":191},{"sectionNumber":"sec.88","sectionType":"section","heading":"Cutting, drilling or excavating near a concealed service","content":"### sec.88 Cutting, drilling or excavating near a concealed service\n\nA coal mine’s safety and health management system must provide for controlling risks from cutting or drilling into a building or structure, or excavating ground, at the mine where there may be a concealed service.\nThe system must provide for the following to minimise the uncontrolled release of non-electrical or electrical energy from a concealed service—\nlocating the energy source and placing a mark, describing the source, on or near the source;\nisolating the energy source;\ntesting the energy source and proving the source de-energised.\nThe site senior executive for the coal mine must provide sufficient equipment for the matters mentioned in subsection (2) (a) to (c) .\n(sec.88-ssec.1) A coal mine’s safety and health management system must provide for controlling risks from cutting or drilling into a building or structure, or excavating ground, at the mine where there may be a concealed service.\n(sec.88-ssec.2) The system must provide for the following to minimise the uncontrolled release of non-electrical or electrical energy from a concealed service— locating the energy source and placing a mark, describing the source, on or near the source; isolating the energy source; testing the energy source and proving the source de-energised.\n(sec.88-ssec.3) The site senior executive for the coal mine must provide sufficient equipment for the matters mentioned in subsection (2) (a) to (c) .\n- (a) locating the energy source and placing a mark, describing the source, on or near the source;\n- (b) isolating the energy source;\n- (c) testing the energy source and proving the source de-energised.","sortOrder":192},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Asbestos material installed in buildings and plant","content":"### sec.88A Asbestos material installed in buildings and plant\n\nThis section applies if a building or plant at a coal mine has asbestos material installed in the building or plant.\nThe site senior executive for the coal mine must ensure a standard operating procedure is established—\nto prevent the exposure of persons to the asbestos material; or\nif the exposure can not be prevented, to minimise the exposure.\nThe standard operating procedure must include—\nthe steps that must be taken to restrict access to, and prevent disturbance of, the asbestos material; and\nwork practices in the vicinity of the asbestos material; and\nrequirements for assessment of the asbestos material at regular intervals of at least 1 year and earlier if the nature or location of work in the vicinity of the asbestos material changes.\nIf the asbestos material is friable, poorly bonded or unstable, for example, because of damage or deterioration, the site senior executive must ensure the asbestos material is enclosed, sealed or removed.\nIf the asbestos material is to be removed, the site senior executive must ensure an asbestos removalist removes the asbestos material under the NOHSC document entitled ‘Code of Practice for the Safe Removal of Asbestos [NOHSC:2002]’.\n(sec.88A-ssec.1) This section applies if a building or plant at a coal mine has asbestos material installed in the building or plant.\n(sec.88A-ssec.2) The site senior executive for the coal mine must ensure a standard operating procedure is established— to prevent the exposure of persons to the asbestos material; or if the exposure can not be prevented, to minimise the exposure.\n(sec.88A-ssec.3) The standard operating procedure must include— the steps that must be taken to restrict access to, and prevent disturbance of, the asbestos material; and work practices in the vicinity of the asbestos material; and requirements for assessment of the asbestos material at regular intervals of at least 1 year and earlier if the nature or location of work in the vicinity of the asbestos material changes.\n(sec.88A-ssec.4) If the asbestos material is friable, poorly bonded or unstable, for example, because of damage or deterioration, the site senior executive must ensure the asbestos material is enclosed, sealed or removed.\n(sec.88A-ssec.5) If the asbestos material is to be removed, the site senior executive must ensure an asbestos removalist removes the asbestos material under the NOHSC document entitled ‘Code of Practice for the Safe Removal of Asbestos [NOHSC:2002]’.\n- (a) to prevent the exposure of persons to the asbestos material; or\n- (b) if the exposure can not be prevented, to minimise the exposure.\n- (a) the steps that must be taken to restrict access to, and prevent disturbance of, the asbestos material; and\n- (b) work practices in the vicinity of the asbestos material; and\n- (c) requirements for assessment of the asbestos material at regular intervals of at least 1 year and earlier if the nature or location of work in the vicinity of the asbestos material changes.","sortOrder":193},{"sectionNumber":"sec.88B","sectionType":"section","heading":"Asbestos, other than asbestos material installed in buildings and plant","content":"### sec.88B Asbestos, other than asbestos material installed in buildings and plant\n\nThis section applies to asbestos occurring naturally at a mine.\nThe site senior executive for a coal mine must ensure—\naction is taken to prevent the exposure of persons to the asbestos; or\nif the exposure can not be prevented, action is taken to protect the health of persons at the mine from the effect of the asbestos.\nThe site senior executive must ensure monitoring or assessment of airborne asbestos is carried out under the NOHSC document entitled ‘Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Dust [NOHSC:3003]’.\n(sec.88B-ssec.1) This section applies to asbestos occurring naturally at a mine.\n(sec.88B-ssec.2) The site senior executive for a coal mine must ensure— action is taken to prevent the exposure of persons to the asbestos; or if the exposure can not be prevented, action is taken to protect the health of persons at the mine from the effect of the asbestos.\n(sec.88B-ssec.3) The site senior executive must ensure monitoring or assessment of airborne asbestos is carried out under the NOHSC document entitled ‘Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Dust [NOHSC:3003]’.\n- (a) action is taken to prevent the exposure of persons to the asbestos; or\n- (b) if the exposure can not be prevented, action is taken to protect the health of persons at the mine from the effect of the asbestos.","sortOrder":194},{"sectionNumber":"sec.89","sectionType":"section","heading":"Dust","content":"### sec.89 Dust\n\nA coal mine’s safety and health management system must provide ways of ensuring—\neach coal mine worker’s exposure to respirable dust at the mine is kept to an acceptable level; and\nthe worker does not breathe an atmosphere at the mine containing respirable dust exceeding an average concentration, calculated under AS 2985:2009, equivalent to the following for an 8-hour period—\nfor coal dust—1.5mg/m 3 air;\nfor free silica—0.05mg/m 3 air.\nAS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’\nIf a person works a shift of more than 8 hours at the mine, the system must provide ways of ensuring the person’s dosage of respirable dust is not more than the equivalent dosage for a person working an 8-hour shift.\nThe system must provide that, if the average concentration of respirable dust in the atmosphere is above the levels stated in subsection (1) —\nthe controls for minimising dust must be reviewed; and\nthe system must be changed to ensure the average concentration is reduced to, or below, the levels stated in subsection (1) .\nThe system must provide ways of suppressing excessive airborne dust so a person’s safety is not threatened, including, for example, by reduced visibility.\nThe system must provide for the following—\nmonitoring, and preparing a record of, concentrations of respirable dust in the atmosphere of the work environment;\nkeeping the record in a location that is easily accessible by each coal mine worker at the mine;\nsubmitting the record to the chief inspector—\nin a way, and in a format, approved by the chief inspector; and\nfor development operations or longwall operations—at least once every 3 months and as otherwise directed by an inspector; and\notherwise—\nas required under a recognised standard related to the monitoring of respirable dust at coal mines; or\nas otherwise directed by an inspector;\nthe investigation and reporting procedure stated in section 89A for high average respirable dust concentrations.\ns 89 amd 2018 SL No. 153 s 4 ; 2020 SL No. 169 s 4\n(sec.89-ssec.1) A coal mine’s safety and health management system must provide ways of ensuring— each coal mine worker’s exposure to respirable dust at the mine is kept to an acceptable level; and the worker does not breathe an atmosphere at the mine containing respirable dust exceeding an average concentration, calculated under AS 2985:2009, equivalent to the following for an 8-hour period— for coal dust—1.5mg/m 3 air; for free silica—0.05mg/m 3 air. AS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’\n(sec.89-ssec.2) If a person works a shift of more than 8 hours at the mine, the system must provide ways of ensuring the person’s dosage of respirable dust is not more than the equivalent dosage for a person working an 8-hour shift.\n(sec.89-ssec.3) The system must provide that, if the average concentration of respirable dust in the atmosphere is above the levels stated in subsection (1) — the controls for minimising dust must be reviewed; and the system must be changed to ensure the average concentration is reduced to, or below, the levels stated in subsection (1) .\n(sec.89-ssec.4) The system must provide ways of suppressing excessive airborne dust so a person’s safety is not threatened, including, for example, by reduced visibility.\n(sec.89-ssec.5) The system must provide for the following— monitoring, and preparing a record of, concentrations of respirable dust in the atmosphere of the work environment; keeping the record in a location that is easily accessible by each coal mine worker at the mine; submitting the record to the chief inspector— in a way, and in a format, approved by the chief inspector; and for development operations or longwall operations—at least once every 3 months and as otherwise directed by an inspector; and otherwise— as required under a recognised standard related to the monitoring of respirable dust at coal mines; or as otherwise directed by an inspector; the investigation and reporting procedure stated in section 89A for high average respirable dust concentrations.\n- (a) each coal mine worker’s exposure to respirable dust at the mine is kept to an acceptable level; and\n- (b) the worker does not breathe an atmosphere at the mine containing respirable dust exceeding an average concentration, calculated under AS 2985:2009, equivalent to the following for an 8-hour period— (i) for coal dust—1.5mg/m 3 air; (ii) for free silica—0.05mg/m 3 air. Note— AS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’\n- (i) for coal dust—1.5mg/m 3 air;\n- (ii) for free silica—0.05mg/m 3 air.\n- (i) for coal dust—1.5mg/m 3 air;\n- (ii) for free silica—0.05mg/m 3 air.\n- (a) the controls for minimising dust must be reviewed; and\n- (b) the system must be changed to ensure the average concentration is reduced to, or below, the levels stated in subsection (1) .\n- (a) monitoring, and preparing a record of, concentrations of respirable dust in the atmosphere of the work environment;\n- (b) keeping the record in a location that is easily accessible by each coal mine worker at the mine;\n- (c) submitting the record to the chief inspector— (i) in a way, and in a format, approved by the chief inspector; and (ii) for development operations or longwall operations—at least once every 3 months and as otherwise directed by an inspector; and (iii) otherwise— (A) as required under a recognised standard related to the monitoring of respirable dust at coal mines; or (B) as otherwise directed by an inspector;\n- (i) in a way, and in a format, approved by the chief inspector; and\n- (ii) for development operations or longwall operations—at least once every 3 months and as otherwise directed by an inspector; and\n- (iii) otherwise— (A) as required under a recognised standard related to the monitoring of respirable dust at coal mines; or (B) as otherwise directed by an inspector;\n- (A) as required under a recognised standard related to the monitoring of respirable dust at coal mines; or\n- (B) as otherwise directed by an inspector;\n- (d) the investigation and reporting procedure stated in section 89A for high average respirable dust concentrations.\n- (i) in a way, and in a format, approved by the chief inspector; and\n- (ii) for development operations or longwall operations—at least once every 3 months and as otherwise directed by an inspector; and\n- (iii) otherwise— (A) as required under a recognised standard related to the monitoring of respirable dust at coal mines; or (B) as otherwise directed by an inspector;\n- (A) as required under a recognised standard related to the monitoring of respirable dust at coal mines; or\n- (B) as otherwise directed by an inspector;\n- (A) as required under a recognised standard related to the monitoring of respirable dust at coal mines; or\n- (B) as otherwise directed by an inspector;","sortOrder":195},{"sectionNumber":"sec.89A","sectionType":"section","heading":"Dust monitoring and reporting procedure","content":"### sec.89A Dust monitoring and reporting procedure\n\nThis section applies if the site senior executive for a coal mine becomes aware (the first trigger event ) that the average concentration of respirable dust in the atmosphere of the work environment exceeds the levels stated in section 89 (1) .\nThe site senior executive must ensure—\nthe cause of high average concentration is investigated; and\nthe results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and\nthe notification obligations under subsection (4) are complied with; and\nif any changes to the coal mine’s safety and health management system required under section 89 (3) (b) are made—the changes to the system are recorded; and\na further sample is taken within 2 weeks after the first trigger event.\nIf the site senior executive receives the results of the further sample and the results indicate the average concentration of respirable dust in the atmosphere of the work environment exceeds the levels stated in section 89 (1) (the second trigger event ), the site senior executive must ensure—\nthe cause of the continued high average concentration is investigated; and\nthe results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and\nthe notification obligations under subsection (4) are complied with; and\nif any changes to the coal mine’s safety and health management system required under section 89 (3) (b) are made—the changes to the system are recorded.\nFor subsections (2) (c) and (3) (c) , the notification requirements for the first trigger event and second trigger event are—\nas soon as practicable after the event, coal mine workers in the similar exposure group for the risk created by the high average respirable dust concentration must be told about the high average concentration; and\nwithin 24 hours after the event, the following persons must be told about the high average concentration—\nan inspector;\nan industry safety and health representative;\na site safety and health representative; and\nwithin 72 hours after the event, a record of concentrations of respirable dust in the atmosphere of the work environment must be submitted to the chief inspector in a way, and in a format, approved by the chief inspector.\nIn this section—\nfurther sample means a sample of the atmosphere of the work environment taken—\nafter the first trigger event for the purpose of determining whether the average concentration of respirable dust in the atmosphere of the work environment continues to exceed the levels stated in section 89 (1) ; and\nin accordance with AS 2985:2009; and\nAS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’\nas far as practicable, in the same circumstances as the sample of the atmosphere of the work environment that resulted in the first trigger event.\nThe further sample is taken—\nin an area of the mine similar to the area in which the initial sample was taken; and\nusing—\nthe same coal mine worker used to take the initial sample; or\nanother coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.\n(sec.89A-ssec.1) This section applies if the site senior executive for a coal mine becomes aware (the first trigger event ) that the average concentration of respirable dust in the atmosphere of the work environment exceeds the levels stated in section 89 (1) .\n(sec.89A-ssec.2) The site senior executive must ensure— the cause of high average concentration is investigated; and the results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and the notification obligations under subsection (4) are complied with; and if any changes to the coal mine’s safety and health management system required under section 89 (3) (b) are made—the changes to the system are recorded; and a further sample is taken within 2 weeks after the first trigger event.\n(sec.89A-ssec.3) If the site senior executive receives the results of the further sample and the results indicate the average concentration of respirable dust in the atmosphere of the work environment exceeds the levels stated in section 89 (1) (the second trigger event ), the site senior executive must ensure— the cause of the continued high average concentration is investigated; and the results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and the notification obligations under subsection (4) are complied with; and if any changes to the coal mine’s safety and health management system required under section 89 (3) (b) are made—the changes to the system are recorded.\n(sec.89A-ssec.4) For subsections (2) (c) and (3) (c) , the notification requirements for the first trigger event and second trigger event are— as soon as practicable after the event, coal mine workers in the similar exposure group for the risk created by the high average respirable dust concentration must be told about the high average concentration; and within 24 hours after the event, the following persons must be told about the high average concentration— an inspector; an industry safety and health representative; a site safety and health representative; and within 72 hours after the event, a record of concentrations of respirable dust in the atmosphere of the work environment must be submitted to the chief inspector in a way, and in a format, approved by the chief inspector.\n(sec.89A-ssec.5) In this section— further sample means a sample of the atmosphere of the work environment taken— after the first trigger event for the purpose of determining whether the average concentration of respirable dust in the atmosphere of the work environment continues to exceed the levels stated in section 89 (1) ; and in accordance with AS 2985:2009; and AS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’ as far as practicable, in the same circumstances as the sample of the atmosphere of the work environment that resulted in the first trigger event. The further sample is taken— in an area of the mine similar to the area in which the initial sample was taken; and using— the same coal mine worker used to take the initial sample; or another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.\n- (a) the cause of high average concentration is investigated; and\n- (b) the results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and\n- (c) the notification obligations under subsection (4) are complied with; and\n- (d) if any changes to the coal mine’s safety and health management system required under section 89 (3) (b) are made—the changes to the system are recorded; and\n- (e) a further sample is taken within 2 weeks after the first trigger event.\n- (a) the cause of the continued high average concentration is investigated; and\n- (b) the results of the investigation are recorded and analysed to identify trends and issues with the coal mine’s safety and health management system; and\n- (c) the notification obligations under subsection (4) are complied with; and\n- (d) if any changes to the coal mine’s safety and health management system required under section 89 (3) (b) are made—the changes to the system are recorded.\n- (a) as soon as practicable after the event, coal mine workers in the similar exposure group for the risk created by the high average respirable dust concentration must be told about the high average concentration; and\n- (b) within 24 hours after the event, the following persons must be told about the high average concentration— (i) an inspector; (ii) an industry safety and health representative; (iii) a site safety and health representative; and\n- (i) an inspector;\n- (ii) an industry safety and health representative;\n- (iii) a site safety and health representative; and\n- (c) within 72 hours after the event, a record of concentrations of respirable dust in the atmosphere of the work environment must be submitted to the chief inspector in a way, and in a format, approved by the chief inspector.\n- (i) an inspector;\n- (ii) an industry safety and health representative;\n- (iii) a site safety and health representative; and\n- (a) after the first trigger event for the purpose of determining whether the average concentration of respirable dust in the atmosphere of the work environment continues to exceed the levels stated in section 89 (1) ; and\n- (b) in accordance with AS 2985:2009; and Note— AS 2985:2009 ‘Workplace atmospheres—Method for sampling and gravimetric determination of respirable dust’\n- (c) as far as practicable, in the same circumstances as the sample of the atmosphere of the work environment that resulted in the first trigger event. Example— The further sample is taken— 1 in an area of the mine similar to the area in which the initial sample was taken; and 2 using— (a) the same coal mine worker used to take the initial sample; or (b) another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.\n- 1 in an area of the mine similar to the area in which the initial sample was taken; and\n- 2 using— (a) the same coal mine worker used to take the initial sample; or (b) another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.\n- (a) the same coal mine worker used to take the initial sample; or\n- (b) another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.\n- 1 in an area of the mine similar to the area in which the initial sample was taken; and\n- 2 using— (a) the same coal mine worker used to take the initial sample; or (b) another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.\n- (a) the same coal mine worker used to take the initial sample; or\n- (b) another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.\n- (a) the same coal mine worker used to take the initial sample; or\n- (b) another coal mine worker in the similar exposure group for the risk created by the high average respirable dust concentration.","sortOrder":196},{"sectionNumber":"sec.90","sectionType":"section","heading":"Ladders, steps and elevated walkways","content":"### sec.90 Ladders, steps and elevated walkways\n\nA coal mine’s safety and health management system must provide for ladders, steps and elevated walkways at the mine to be designed and installed to minimise the risk to a person from falling, slipping or tripping.","sortOrder":197},{"sectionNumber":"sec.91","sectionType":"section","heading":"Noise","content":"### sec.91 Noise\n\nA coal mine’s safety and health management system must provide ways of ensuring—\neach coal mine worker’s exposure to noise is kept to an acceptable level; and\nthe worker is not exposed to noise levels exceeding the levels stated in the national standard for occupational noise.\nThe system must provide for the following—\nsupplying personal protective equipment for persons in the work environment if there is no practical way of reducing the persons’ noise dose to comply with subsection (1) ;\nmonitoring and recording noise levels in the work environment;\nkeeping the records in a location that is easily accessible by each coal mine worker at the mine;\nidentifying, by an appropriate warning sign, each part of the mine where there are excessive noise levels.\nIn this section—\nnational standard for occupational noise means the national standard for occupational noise stated in the NOHSC document entitled ‘National Standard for Occupational Noise [NOHSC:1007]’.\n(sec.91-ssec.1) A coal mine’s safety and health management system must provide ways of ensuring— each coal mine worker’s exposure to noise is kept to an acceptable level; and the worker is not exposed to noise levels exceeding the levels stated in the national standard for occupational noise.\n(sec.91-ssec.2) The system must provide for the following— supplying personal protective equipment for persons in the work environment if there is no practical way of reducing the persons’ noise dose to comply with subsection (1) ; monitoring and recording noise levels in the work environment; keeping the records in a location that is easily accessible by each coal mine worker at the mine; identifying, by an appropriate warning sign, each part of the mine where there are excessive noise levels.\n(sec.91-ssec.3) In this section— national standard for occupational noise means the national standard for occupational noise stated in the NOHSC document entitled ‘National Standard for Occupational Noise [NOHSC:1007]’.\n- (a) each coal mine worker’s exposure to noise is kept to an acceptable level; and\n- (b) the worker is not exposed to noise levels exceeding the levels stated in the national standard for occupational noise.\n- (a) supplying personal protective equipment for persons in the work environment if there is no practical way of reducing the persons’ noise dose to comply with subsection (1) ;\n- (b) monitoring and recording noise levels in the work environment;\n- (c) keeping the records in a location that is easily accessible by each coal mine worker at the mine;\n- (d) identifying, by an appropriate warning sign, each part of the mine where there are excessive noise levels.","sortOrder":198},{"sectionNumber":"sec.92","sectionType":"section","heading":"Working at heights","content":"### sec.92 Working at heights\n\nA coal mine’s safety and health management system must provide for controlling risk associated with working at heights at the mine.\nIf a person is required to work at a height greater than 2.4m, the system must provide for minimising the person’s risk of injury from falling.\nThe system must include standard operating procedures for using personal protective equipment to control the risk.\nThe system may provide for using the following plant to control the risk—\nwork boxes and work platforms;\nscaffolding, barricades, hand rails and restraining or fall arresting devices.\nIf the system provides for using plant mentioned in subsection (4) , the system must require the plant to be supplied for coal mine workers at the mine.\nIf the system provides for the use of work boxes or work platforms, the system must state the circumstances in which the boxes or platforms may be suspended by a crane.\n(sec.92-ssec.1) A coal mine’s safety and health management system must provide for controlling risk associated with working at heights at the mine.\n(sec.92-ssec.2) If a person is required to work at a height greater than 2.4m, the system must provide for minimising the person’s risk of injury from falling.\n(sec.92-ssec.3) The system must include standard operating procedures for using personal protective equipment to control the risk.\n(sec.92-ssec.4) The system may provide for using the following plant to control the risk— work boxes and work platforms; scaffolding, barricades, hand rails and restraining or fall arresting devices.\n(sec.92-ssec.5) If the system provides for using plant mentioned in subsection (4) , the system must require the plant to be supplied for coal mine workers at the mine.\n(sec.92-ssec.6) If the system provides for the use of work boxes or work platforms, the system must state the circumstances in which the boxes or platforms may be suspended by a crane.\n- (a) work boxes and work platforms;\n- (b) scaffolding, barricades, hand rails and restraining or fall arresting devices.","sortOrder":199},{"sectionNumber":"sec.93","sectionType":"section","heading":"Working near a body of water or other liquid","content":"### sec.93 Working near a body of water or other liquid\n\nA coal mine’s safety and health management system must provide for controlling risk associated with working near a body of water or other liquid at the mine.\nThe system must provide for the use of a buoyancy aid by a person carrying out the work if a risk assessment identifies a risk of the person drowning.\n(sec.93-ssec.1) A coal mine’s safety and health management system must provide for controlling risk associated with working near a body of water or other liquid at the mine.\n(sec.93-ssec.2) The system must provide for the use of a buoyancy aid by a person carrying out the work if a risk assessment identifies a risk of the person drowning.","sortOrder":200},{"sectionNumber":"sec.94","sectionType":"section","heading":"Checking and examining work areas","content":"### sec.94 Checking and examining work areas\n\nA coal mine must have a standard operating procedure for—\nchecking the condition of a work area before coal mine workers proceed to the work area; and\nexamining the area, before workers start work in the work area, to check for hazards.\nThe procedure must provide for a check and examination of each coal mine worker’s specific work area to be carried out by the coal mine worker.\n(sec.94-ssec.1) A coal mine must have a standard operating procedure for— checking the condition of a work area before coal mine workers proceed to the work area; and examining the area, before workers start work in the work area, to check for hazards.\n(sec.94-ssec.2) The procedure must provide for a check and examination of each coal mine worker’s specific work area to be carried out by the coal mine worker.\n- (a) checking the condition of a work area before coal mine workers proceed to the work area; and\n- (b) examining the area, before workers start work in the work area, to check for hazards.","sortOrder":201},{"sectionNumber":"sec.95","sectionType":"section","heading":"Maintaining hygienic work environment","content":"### sec.95 Maintaining hygienic work environment\n\nA coal mine must have a standard operating procedure for maintaining the facilities mentioned in section 87 (1) and other areas of the work environment in a hygienic condition.","sortOrder":202},{"sectionNumber":"sec.96","sectionType":"section","heading":"Miscellaneous","content":"### sec.96 Miscellaneous\n\nA coal mine must have a standard operating procedure for the following—\ncontrolling access to, and working in, confined spaces at the mine;\nminimising the risk to persons from carrying out manual handling tasks;\nprotecting persons from the following at the mine—\nabrasive blasting and high pressure, chemical and mechanical cleaning;\ncutting and welding, including using cutting and welding equipment in a confined, wet or dusty location;\nlaser emissions and other sources of harmful electromagnetic radiation, including solar radiation.\n- (a) controlling access to, and working in, confined spaces at the mine;\n- (b) minimising the risk to persons from carrying out manual handling tasks;\n- (c) protecting persons from the following at the mine— (i) abrasive blasting and high pressure, chemical and mechanical cleaning; (ii) cutting and welding, including using cutting and welding equipment in a confined, wet or dusty location; (iii) laser emissions and other sources of harmful electromagnetic radiation, including solar radiation.\n- (i) abrasive blasting and high pressure, chemical and mechanical cleaning;\n- (ii) cutting and welding, including using cutting and welding equipment in a confined, wet or dusty location;\n- (iii) laser emissions and other sources of harmful electromagnetic radiation, including solar radiation.\n- (i) abrasive blasting and high pressure, chemical and mechanical cleaning;\n- (ii) cutting and welding, including using cutting and welding equipment in a confined, wet or dusty location;\n- (iii) laser emissions and other sources of harmful electromagnetic radiation, including solar radiation.","sortOrder":203},{"sectionNumber":"ch.2-pt.13","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":204},{"sectionNumber":"sec.97","sectionType":"section","heading":"Monitoring and recording deformation of natural and artificial structures","content":"### sec.97 Monitoring and recording deformation of natural and artificial structures\n\nIf the deformation of natural and artificial structures at a coal mine caused by coal mining operations may affect the safety or health of a person, the site senior executive for the coal mine must ensure the deformation is monitored and recorded.","sortOrder":205},{"sectionNumber":"sec.98","sectionType":"section","heading":"Reporting and rectifying defects","content":"### sec.98 Reporting and rectifying defects\n\nA coal mine’s safety and health management system must provide for the following—\nreporting all defects in the mine’s plant, structures and procedures;\nrectifying defects that create an unacceptable level of risk.\n- (a) reporting all defects in the mine’s plant, structures and procedures;\n- (b) rectifying defects that create an unacceptable level of risk.","sortOrder":206},{"sectionNumber":"sec.99","sectionType":"section","heading":"Restricting access to parts of mine","content":"### sec.99 Restricting access to parts of mine\n\nA coal mine’s safety and health management system must provide for restricting access by persons to parts of the mine, including, for example, the following—\nsumps and drains identified and assessed by a risk assessment as parts to which access by persons needs to be restricted to achieve an acceptable level of risk;\nunstable, hazardous or broken ground.\n- (a) sumps and drains identified and assessed by a risk assessment as parts to which access by persons needs to be restricted to achieve an acceptable level of risk;\n- (b) unstable, hazardous or broken ground.","sortOrder":207},{"sectionNumber":"sec.100","sectionType":"section","heading":"Requirements for drilling and abandoning boreholes","content":"### sec.100 Requirements for drilling and abandoning boreholes\n\nIf a borehole is drilled or abandoned at a coal mine, the site senior executive for the coal mine must ensure—\nthe following provisions of the Petroleum and Gas (Safety) Regulation 2018 are complied with—\nsections 28 , 29 , 30 , 45 , 46 and 52A ;\nfor a drilling rig used to drill the borehole— section 20 ; and\nthe requirements in schedule 2AA are complied with.\nMaximum penalty—20 penalty units.\nSubsection (1) (b) does not apply in relation to an in-seam borehole drilled from underground.\nThe provisions mentioned in subsection (1) (a) apply to a coal mine—\nas if—\nthe coal mine is an operating plant under the provisions; and\na reference in the provisions to a petroleum well is a reference to a borehole; and\na reference in the provisions to a relevant horizontal well is a reference to a borehole that is not vertical; and\na reference in the provisions to the holder of a petroleum tenure or the operator is a reference to the site senior executive; and\na reference in section 20 to a drilling operating plant is a reference to the drilling rig; and\na reference in section 45 (2) (b) to an end of tenure report or a petroleum well or bore abandonment report is a reference to a borehole abandonment record under section 60A ; and\na reference in section 46 (4) to the standard abandonment requirements is a reference to the requirements in schedule 2AA ; and\nwith other necessary changes.\nSections 30 and 52A of the Petroleum and Gas (Safety) Regulation 2018 do not apply in relation to a borehole—\nthat was drilled before 31 December 2004; or\nif drilling of the borehole started before 1 July 2005.\nIf sections 30 and 52A of the Petroleum and Gas (Safety) Regulation 2018 do not apply in relation to a borehole, the drilling of the borehole must comply with the repealed regulation as it was before the commencement of the Petroleum and Gas (Production and Safety) Regulation 2004 .\nThis section applies subject to section 295 .\nIn this section—\nrepealed regulation means the Coal Mining Safety and Health Regulation 2001 .\ns 100 amd 2018 SL No. 135 s 178 ; 2022 SL No. 191 s 3\n(sec.100-ssec.1) If a borehole is drilled or abandoned at a coal mine, the site senior executive for the coal mine must ensure— the following provisions of the Petroleum and Gas (Safety) Regulation 2018 are complied with— sections 28 , 29 , 30 , 45 , 46 and 52A ; for a drilling rig used to drill the borehole— section 20 ; and the requirements in schedule 2AA are complied with. Maximum penalty—20 penalty units.\n(sec.100-ssec.2) Subsection (1) (b) does not apply in relation to an in-seam borehole drilled from underground.\n(sec.100-ssec.3) The provisions mentioned in subsection (1) (a) apply to a coal mine— as if— the coal mine is an operating plant under the provisions; and a reference in the provisions to a petroleum well is a reference to a borehole; and a reference in the provisions to a relevant horizontal well is a reference to a borehole that is not vertical; and a reference in the provisions to the holder of a petroleum tenure or the operator is a reference to the site senior executive; and a reference in section 20 to a drilling operating plant is a reference to the drilling rig; and a reference in section 45 (2) (b) to an end of tenure report or a petroleum well or bore abandonment report is a reference to a borehole abandonment record under section 60A ; and a reference in section 46 (4) to the standard abandonment requirements is a reference to the requirements in schedule 2AA ; and with other necessary changes.\n(sec.100-ssec.4) Sections 30 and 52A of the Petroleum and Gas (Safety) Regulation 2018 do not apply in relation to a borehole— that was drilled before 31 December 2004; or if drilling of the borehole started before 1 July 2005.\n(sec.100-ssec.5) If sections 30 and 52A of the Petroleum and Gas (Safety) Regulation 2018 do not apply in relation to a borehole, the drilling of the borehole must comply with the repealed regulation as it was before the commencement of the Petroleum and Gas (Production and Safety) Regulation 2004 .\n(sec.100-ssec.6) This section applies subject to section 295 .\n(sec.100-ssec.7) In this section— repealed regulation means the Coal Mining Safety and Health Regulation 2001 .\n- (a) the following provisions of the Petroleum and Gas (Safety) Regulation 2018 are complied with— (i) sections 28 , 29 , 30 , 45 , 46 and 52A ; (ii) for a drilling rig used to drill the borehole— section 20 ; and\n- (i) sections 28 , 29 , 30 , 45 , 46 and 52A ;\n- (ii) for a drilling rig used to drill the borehole— section 20 ; and\n- (b) the requirements in schedule 2AA are complied with.\n- (i) sections 28 , 29 , 30 , 45 , 46 and 52A ;\n- (ii) for a drilling rig used to drill the borehole— section 20 ; and\n- (a) as if— (i) the coal mine is an operating plant under the provisions; and (ii) a reference in the provisions to a petroleum well is a reference to a borehole; and (iii) a reference in the provisions to a relevant horizontal well is a reference to a borehole that is not vertical; and (iv) a reference in the provisions to the holder of a petroleum tenure or the operator is a reference to the site senior executive; and (v) a reference in section 20 to a drilling operating plant is a reference to the drilling rig; and (vi) a reference in section 45 (2) (b) to an end of tenure report or a petroleum well or bore abandonment report is a reference to a borehole abandonment record under section 60A ; and (vii) a reference in section 46 (4) to the standard abandonment requirements is a reference to the requirements in schedule 2AA ; and\n- (i) the coal mine is an operating plant under the provisions; and\n- (ii) a reference in the provisions to a petroleum well is a reference to a borehole; and\n- (iii) a reference in the provisions to a relevant horizontal well is a reference to a borehole that is not vertical; and\n- (iv) a reference in the provisions to the holder of a petroleum tenure or the operator is a reference to the site senior executive; and\n- (v) a reference in section 20 to a drilling operating plant is a reference to the drilling rig; and\n- (vi) a reference in section 45 (2) (b) to an end of tenure report or a petroleum well or bore abandonment report is a reference to a borehole abandonment record under section 60A ; and\n- (vii) a reference in section 46 (4) to the standard abandonment requirements is a reference to the requirements in schedule 2AA ; and\n- (b) with other necessary changes.\n- (i) the coal mine is an operating plant under the provisions; and\n- (ii) a reference in the provisions to a petroleum well is a reference to a borehole; and\n- (iii) a reference in the provisions to a relevant horizontal well is a reference to a borehole that is not vertical; and\n- (iv) a reference in the provisions to the holder of a petroleum tenure or the operator is a reference to the site senior executive; and\n- (v) a reference in section 20 to a drilling operating plant is a reference to the drilling rig; and\n- (vi) a reference in section 45 (2) (b) to an end of tenure report or a petroleum well or bore abandonment report is a reference to a borehole abandonment record under section 60A ; and\n- (vii) a reference in section 46 (4) to the standard abandonment requirements is a reference to the requirements in schedule 2AA ; and\n- (a) that was drilled before 31 December 2004; or\n- (b) if drilling of the borehole started before 1 July 2005.","sortOrder":208},{"sectionNumber":"sec.100AA","sectionType":"section","heading":"Chief inspector may give exemption from particular requirements","content":"### sec.100AA Chief inspector may give exemption from particular requirements\n\nThe chief inspector, acting with the agreement of the chief inspector, petroleum and gas, may give the site senior executive for a coal mine an exemption from complying with—\na requirement under section 100 in relation to—\na stated borehole, or boreholes drilled or proposed to be drilled, at a coal mine; or\na stated coal seam; or\na requirement under section 12BD ; or\na requirement under section 12BE .\n- (a) a requirement under section 100 in relation to— (i) a stated borehole, or boreholes drilled or proposed to be drilled, at a coal mine; or (ii) a stated coal seam; or\n- (i) a stated borehole, or boreholes drilled or proposed to be drilled, at a coal mine; or\n- (ii) a stated coal seam; or\n- (b) a requirement under section 12BD ; or\n- (c) a requirement under section 12BE .\n- (i) a stated borehole, or boreholes drilled or proposed to be drilled, at a coal mine; or\n- (ii) a stated coal seam; or","sortOrder":209},{"sectionNumber":"sec.100AB","sectionType":"section","heading":"Site senior executive may apply for exemption from particular requirement","content":"### sec.100AB Site senior executive may apply for exemption from particular requirement\n\nThe site senior executive may apply to the chief inspector for an exemption from a requirement mentioned in section 100AA .\nThe application must—\nbe in the approved form; and\ncontain the information necessary to enable the chief inspector to decide the application; and\nif the applicant proposes to implement alternative safety measures—contain details of the proposed measures; and\nbe lodged at the office of the chief inspector.\nIn this section—\nalternative safety measures means systems, methods or procedures that—\ndo not comply with a requirement mentioned in section 100AA ; and\nachieve a level of risk that is equal to or less than the level of risk that would be achieved by complying with the requirement.\ns 100AB amd 2020 SL No. 69 s 7\n(sec.100AB-ssec.1) The site senior executive may apply to the chief inspector for an exemption from a requirement mentioned in section 100AA .\n(sec.100AB-ssec.2) The application must— be in the approved form; and contain the information necessary to enable the chief inspector to decide the application; and if the applicant proposes to implement alternative safety measures—contain details of the proposed measures; and be lodged at the office of the chief inspector.\n(sec.100AB-ssec.3) In this section— alternative safety measures means systems, methods or procedures that— do not comply with a requirement mentioned in section 100AA ; and achieve a level of risk that is equal to or less than the level of risk that would be achieved by complying with the requirement.\n- (a) be in the approved form; and\n- (b) contain the information necessary to enable the chief inspector to decide the application; and\n- (c) if the applicant proposes to implement alternative safety measures—contain details of the proposed measures; and\n- (d) be lodged at the office of the chief inspector.\n- (a) do not comply with a requirement mentioned in section 100AA ; and\n- (b) achieve a level of risk that is equal to or less than the level of risk that would be achieved by complying with the requirement.","sortOrder":210},{"sectionNumber":"sec.100AC","sectionType":"section","heading":"Chief inspector to decide application for exemption from particular requirement","content":"### sec.100AC Chief inspector to decide application for exemption from particular requirement\n\nIn deciding an application for an exemption from a requirement mentioned in section 100AA , the chief inspector may seek advice or recommendations from a technical advisory committee for coal seam gas established under the Petroleum and Gas (Production and Safety) Act 2004 , section 732B .\nIf advice or recommendations obtained by the chief inspector under subsection (1) are adverse to the site senior executive, the chief inspector must, before making a decision about whether to grant the exemption, give the site senior executive—\na copy of the advice or recommendations; and\nat least 15 business days to make submissions to the chief inspector about the advice or recommendations.\nThe chief inspector must either give the exemption, with or without conditions, or refuse the application.\nThe chief inspector may give the exemption only if—\nthe chief inspector, petroleum and gas agrees; and\nthe requirement stated in subsection (5) is complied with for the exemption.\nFor subsection (4) (b) , the requirement is that the chief inspector is reasonably satisfied—\nthat if the exemption is granted—\nthe likely impact on the future safe and efficient mining of coal is low; and\nit is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and\nthat the likely impact mentioned in paragraph (a) (i) , and the level of risk mentioned in paragraph (a) (ii) , are easily and reliably quantifiable; and\na coal seam that is unlikely to be economically mined in the next 25 years due to unfavourable quality, the thickness or depth of the seam, the seam being discontinuous or structurally disturbed, or the seam being intruded or affected by heat\na coal seam that is likely to be mined but alternative safety measures are proposed that reduce the level of risk so it is less than or equal to the level of risk that would be achieved under the relevant requirement\nthat if the exemption is granted, the likely impact on the future safe and efficient production of petroleum is low.\nWithout limiting subsection (3) , a condition may require the site senior executive to comply with stated alternative safety measures within the meaning of section 100AB .\nThe chief inspector must give the site senior executive notice of the decision.\n(sec.100AC-ssec.1) In deciding an application for an exemption from a requirement mentioned in section 100AA , the chief inspector may seek advice or recommendations from a technical advisory committee for coal seam gas established under the Petroleum and Gas (Production and Safety) Act 2004 , section 732B .\n(sec.100AC-ssec.2) If advice or recommendations obtained by the chief inspector under subsection (1) are adverse to the site senior executive, the chief inspector must, before making a decision about whether to grant the exemption, give the site senior executive— a copy of the advice or recommendations; and at least 15 business days to make submissions to the chief inspector about the advice or recommendations.\n(sec.100AC-ssec.3) The chief inspector must either give the exemption, with or without conditions, or refuse the application.\n(sec.100AC-ssec.4) The chief inspector may give the exemption only if— the chief inspector, petroleum and gas agrees; and the requirement stated in subsection (5) is complied with for the exemption.\n(sec.100AC-ssec.5) For subsection (4) (b) , the requirement is that the chief inspector is reasonably satisfied— that if the exemption is granted— the likely impact on the future safe and efficient mining of coal is low; and it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and that the likely impact mentioned in paragraph (a) (i) , and the level of risk mentioned in paragraph (a) (ii) , are easily and reliably quantifiable; and a coal seam that is unlikely to be economically mined in the next 25 years due to unfavourable quality, the thickness or depth of the seam, the seam being discontinuous or structurally disturbed, or the seam being intruded or affected by heat a coal seam that is likely to be mined but alternative safety measures are proposed that reduce the level of risk so it is less than or equal to the level of risk that would be achieved under the relevant requirement that if the exemption is granted, the likely impact on the future safe and efficient production of petroleum is low.\n(sec.100AC-ssec.6) Without limiting subsection (3) , a condition may require the site senior executive to comply with stated alternative safety measures within the meaning of section 100AB .\n(sec.100AC-ssec.7) The chief inspector must give the site senior executive notice of the decision.\n- (a) a copy of the advice or recommendations; and\n- (b) at least 15 business days to make submissions to the chief inspector about the advice or recommendations.\n- (a) the chief inspector, petroleum and gas agrees; and\n- (b) the requirement stated in subsection (5) is complied with for the exemption.\n- (a) that if the exemption is granted— (i) the likely impact on the future safe and efficient mining of coal is low; and (ii) it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and\n- (i) the likely impact on the future safe and efficient mining of coal is low; and\n- (ii) it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and\n- (b) that the likely impact mentioned in paragraph (a) (i) , and the level of risk mentioned in paragraph (a) (ii) , are easily and reliably quantifiable; and\n- (i) the likely impact on the future safe and efficient mining of coal is low; and\n- (ii) it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and\n- (c) that if the exemption is granted, the likely impact on the future safe and efficient production of petroleum is low.","sortOrder":211},{"sectionNumber":"sec.100AD","sectionType":"section","heading":"Requirements for site senior executive in relation to effect of coal mining operations on petroleum activities","content":"### sec.100AD Requirements for site senior executive in relation to effect of coal mining operations on petroleum activities\n\nThe site senior executive for a coal mine must ensure that coal mining operations carried out at the mine stop immediately if the site senior executive becomes aware, or ought reasonably to be aware, that—\nthe operations create a risk to the safety of persons in the area of an adjacent or overlapping petroleum lease; and\nthe level of the risk is not an acceptable level.\nThe site senior executive must ensure the operations do not resume until any reasonable and necessary action to reduce the level of the risk to an acceptable level have been taken.\n(sec.100AD-ssec.1) The site senior executive for a coal mine must ensure that coal mining operations carried out at the mine stop immediately if the site senior executive becomes aware, or ought reasonably to be aware, that— the operations create a risk to the safety of persons in the area of an adjacent or overlapping petroleum lease; and the level of the risk is not an acceptable level.\n(sec.100AD-ssec.2) The site senior executive must ensure the operations do not resume until any reasonable and necessary action to reduce the level of the risk to an acceptable level have been taken.\n- (a) the operations create a risk to the safety of persons in the area of an adjacent or overlapping petroleum lease; and\n- (b) the level of the risk is not an acceptable level.","sortOrder":212},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Prohibited substances","content":"### sec.100A Prohibited substances\n\nThe site senior executive for a coal mine must ensure a prohibited substance mentioned in schedule 2A , column 1, is not used at the mine for a prohibited purpose mentioned in schedule 2A , column 2, opposite the name of the substance.","sortOrder":213},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":214},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application of chapter","content":"### sec.101 Application of chapter\n\nThis chapter applies only to surface mines.\nSee also chapter 2 which is about all coal mines.","sortOrder":215},{"sectionNumber":"sec.102","sectionType":"section","heading":"Ways of achieving an acceptable level of risk","content":"### sec.102 Ways of achieving an acceptable level of risk\n\nThis chapter, other than sections 109 and 153 , prescribes ways of achieving an acceptable level of risk at a surface mine in the circumstances mentioned in this chapter.\nHowever, this chapter does not deal with all circumstances that expose someone to risk at a surface mine.\nA person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed.\nSee section 34 of the Act for the penalty for failing to discharge the obligation.\n(sec.102-ssec.1) This chapter, other than sections 109 and 153 , prescribes ways of achieving an acceptable level of risk at a surface mine in the circumstances mentioned in this chapter.\n(sec.102-ssec.2) However, this chapter does not deal with all circumstances that expose someone to risk at a surface mine.\n(sec.102-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed. See section 34 of the Act for the penalty for failing to discharge the obligation.","sortOrder":216},{"sectionNumber":"ch.3-pt.1A","sectionType":"part","heading":"General","content":"# General","sortOrder":217},{"sectionNumber":"sec.102A","sectionType":"section","heading":"Principal hazard management plan","content":"### sec.102A Principal hazard management plan\n\nA surface mine must have principal hazard management plans that provide for at the least the following—\nroads or other vehicle operating areas;\nground or strata failure;\nairborne dust or any other airborne contaminants;\nfire or explosion;\nany other principal hazard identified by the coal mine operator or site senior executive for the surface mine.\ns 102A ins 2024 SL No. 167 s 20\n- (a) roads or other vehicle operating areas;\n- (b) ground or strata failure;\n- (c) airborne dust or any other airborne contaminants;\n- (d) fire or explosion;\n- (e) any other principal hazard identified by the coal mine operator or site senior executive for the surface mine.","sortOrder":218},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Surface mine manager and open-cut examiner","content":"# Surface mine manager and open-cut examiner","sortOrder":219},{"sectionNumber":"sec.103","sectionType":"section","heading":"Application of part","content":"### sec.103 Application of part\n\nThis part does not apply to a surface mine that is the surface operations of an underground mine.","sortOrder":220},{"sectionNumber":"sec.104","sectionType":"section","heading":"Presence of, and access to, open-cut examiner","content":"### sec.104 Presence of, and access to, open-cut examiner\n\nThe site senior executive for a surface mine must ensure, when mining activities are carried out in or around the surface excavation—\nat least 1 open-cut examiner is present at the mine; and\nthe open-cut examiner is contactable by a person working in or around the excavation.\n- (a) at least 1 open-cut examiner is present at the mine; and\n- (b) the open-cut examiner is contactable by a person working in or around the excavation.","sortOrder":221},{"sectionNumber":"sec.105","sectionType":"section","heading":"Open-cut examiner’s responsibilities and duties—general","content":"### sec.105 Open-cut examiner’s responsibilities and duties—general\n\nThe site senior executive for a surface mine must ensure—\nthe main responsibility of an open-cut examiner for the mine is the safety and health of persons in or around the surface excavation during mining activities in or around the surface excavation; and\nthe open-cut examiner’s main duties relate to the main responsibility.\nSubsection (1) (b) does not prevent the open-cut examiner having other duties at the mine, including, for example, duties given to the examiner under the mine’s safety and health management system.\n(sec.105-ssec.1) The site senior executive for a surface mine must ensure— the main responsibility of an open-cut examiner for the mine is the safety and health of persons in or around the surface excavation during mining activities in or around the surface excavation; and the open-cut examiner’s main duties relate to the main responsibility.\n(sec.105-ssec.2) Subsection (1) (b) does not prevent the open-cut examiner having other duties at the mine, including, for example, duties given to the examiner under the mine’s safety and health management system.\n- (a) the main responsibility of an open-cut examiner for the mine is the safety and health of persons in or around the surface excavation during mining activities in or around the surface excavation; and\n- (b) the open-cut examiner’s main duties relate to the main responsibility.","sortOrder":222},{"sectionNumber":"sec.106","sectionType":"section","heading":"Inspecting surface excavations","content":"### sec.106 Inspecting surface excavations\n\nAn open-cut examiner for a surface mine must inspect a surface mine excavation and the part of the mine near the excavation where activities, including mining activities, are to be, or are being carried out, to decide whether the level of risk is acceptable.\nThe inspection must be done—\nbefore the activities start in or around the excavation; and\nperiodically, as required under the mine’s safety and health management system.\nBefore carrying out the inspection, the examiner must—\nread the latest open-cut examiner’s report in the mine record for the mine; and\nacknowledge, in writing, in the mine record, that the examiner has read the report.\n(sec.106-ssec.1) An open-cut examiner for a surface mine must inspect a surface mine excavation and the part of the mine near the excavation where activities, including mining activities, are to be, or are being carried out, to decide whether the level of risk is acceptable.\n(sec.106-ssec.2) The inspection must be done— before the activities start in or around the excavation; and periodically, as required under the mine’s safety and health management system.\n(sec.106-ssec.3) Before carrying out the inspection, the examiner must— read the latest open-cut examiner’s report in the mine record for the mine; and acknowledge, in writing, in the mine record, that the examiner has read the report.\n- (a) before the activities start in or around the excavation; and\n- (b) periodically, as required under the mine’s safety and health management system.\n- (a) read the latest open-cut examiner’s report in the mine record for the mine; and\n- (b) acknowledge, in writing, in the mine record, that the examiner has read the report.","sortOrder":223},{"sectionNumber":"sec.107","sectionType":"section","heading":"Reducing unacceptable level of risk","content":"### sec.107 Reducing unacceptable level of risk\n\nThis section applies if, after inspecting a surface mine under section 106 , the open-cut examiner for the mine decides an unsafe thing at the mine causes an unacceptable level of risk.\nIf it is practicable, the examiner must ensure the thing is made safe immediately.\nIf it is not made safe immediately, the examiner must immediately notify persons at the mine who may be exposed to the risk.\nUntil the thing is made safe, the examiner must—\nerect a barrier to prevent persons from unknowingly entering the part of the mine where the unacceptable level of risk exists; and\nstop coal mining operations in, and withdraw all persons from, the part.\nIf the thing is not made safe by the end of the shift in which the inspection was made, the examiner, at the end of the shift, must report the matter to the following persons—\nthe examiner’s immediate supervisor at the mine;\nan open-cut examiner who is required to make a similar inspection during the next shift;\nif an operational ROC worker has provided information used to make a decision in relation to the matter—the operational ROC worker who is responsible for the provision of the information.\n(sec.107-ssec.1) This section applies if, after inspecting a surface mine under section 106 , the open-cut examiner for the mine decides an unsafe thing at the mine causes an unacceptable level of risk.\n(sec.107-ssec.2) If it is practicable, the examiner must ensure the thing is made safe immediately.\n(sec.107-ssec.3) If it is not made safe immediately, the examiner must immediately notify persons at the mine who may be exposed to the risk.\n(sec.107-ssec.4) Until the thing is made safe, the examiner must— erect a barrier to prevent persons from unknowingly entering the part of the mine where the unacceptable level of risk exists; and stop coal mining operations in, and withdraw all persons from, the part.\n(sec.107-ssec.5) If the thing is not made safe by the end of the shift in which the inspection was made, the examiner, at the end of the shift, must report the matter to the following persons— the examiner’s immediate supervisor at the mine; an open-cut examiner who is required to make a similar inspection during the next shift; if an operational ROC worker has provided information used to make a decision in relation to the matter—the operational ROC worker who is responsible for the provision of the information.\n- (a) erect a barrier to prevent persons from unknowingly entering the part of the mine where the unacceptable level of risk exists; and\n- (b) stop coal mining operations in, and withdraw all persons from, the part.\n- (a) the examiner’s immediate supervisor at the mine;\n- (b) an open-cut examiner who is required to make a similar inspection during the next shift;\n- (c) if an operational ROC worker has provided information used to make a decision in relation to the matter—the operational ROC worker who is responsible for the provision of the information.","sortOrder":224},{"sectionNumber":"sec.108","sectionType":"section","heading":"Role in developing and reviewing safety and health management system","content":"### sec.108 Role in developing and reviewing safety and health management system\n\nThe site senior executive for a surface mine must ensure at least 1 open-cut examiner is involved in developing, reviewing and auditing the part of the mine’s safety and health management system relating to the mining activities in and around the mine excavation.\nSubsection (1) does not require the examiner to be involved in a matter that is not within the examiner’s competency.\n(sec.108-ssec.1) The site senior executive for a surface mine must ensure at least 1 open-cut examiner is involved in developing, reviewing and auditing the part of the mine’s safety and health management system relating to the mining activities in and around the mine excavation.\n(sec.108-ssec.2) Subsection (1) does not require the examiner to be involved in a matter that is not within the examiner’s competency.","sortOrder":225},{"sectionNumber":"sec.109","sectionType":"section","heading":"Giving technical directions to open-cut examiner","content":"### sec.109 Giving technical directions to open-cut examiner\n\nA person must not give a technical direction about a safety and health matter to an open-cut examiner unless the person has competencies for the matter at least equivalent to those of the open-cut examiner.\nMaximum penalty—200 penalty units.","sortOrder":226},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Electrical activities, equipment and installations","content":"# Electrical activities, equipment and installations","sortOrder":227},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":228},{"sectionNumber":"sec.110","sectionType":"section","heading":"Application of part","content":"### sec.110 Application of part\n\nThis part applies only to electrical equipment and electrical installations above extra low voltage.","sortOrder":229},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Electrical activities","content":"## Electrical activities","sortOrder":230},{"sectionNumber":"sec.111","sectionType":"section","heading":"Appointment of person to control and manage electrical engineering activities","content":"### sec.111 Appointment of person to control and manage electrical engineering activities\n\nIf electricity is proposed to be used in coal mining operations at a surface mine, the site senior executive for the mine must appoint a person to control and manage the mine’s electrical engineering activities.","sortOrder":231},{"sectionNumber":"sec.112","sectionType":"section","heading":"Live testing electrical equipment","content":"### sec.112 Live testing electrical equipment\n\nA surface mine must have a standard operating procedure for live testing electrical equipment at the mine.\nThe procedure must—\nstate—\nwhat equipment may be live tested; and\nwhat instruments may be used for the testing; and\nprovide for the following—\nisolating areas where equipment is being live tested or test run;\nusing personal protective equipment;\nusing high voltage test equipment and discharging stored energy after the test;\ndealing with high prospective fault currents;\nother precautions to be taken for live testing.\n(sec.112-ssec.1) A surface mine must have a standard operating procedure for live testing electrical equipment at the mine.\n(sec.112-ssec.2) The procedure must— state— what equipment may be live tested; and what instruments may be used for the testing; and provide for the following— isolating areas where equipment is being live tested or test run; using personal protective equipment; using high voltage test equipment and discharging stored energy after the test; dealing with high prospective fault currents; other precautions to be taken for live testing.\n- (a) state— (i) what equipment may be live tested; and (ii) what instruments may be used for the testing; and\n- (i) what equipment may be live tested; and\n- (ii) what instruments may be used for the testing; and\n- (b) provide for the following— (i) isolating areas where equipment is being live tested or test run; (ii) using personal protective equipment; (iii) using high voltage test equipment and discharging stored energy after the test; (iv) dealing with high prospective fault currents; (v) other precautions to be taken for live testing.\n- (i) isolating areas where equipment is being live tested or test run;\n- (ii) using personal protective equipment;\n- (iii) using high voltage test equipment and discharging stored energy after the test;\n- (iv) dealing with high prospective fault currents;\n- (v) other precautions to be taken for live testing.\n- (i) what equipment may be live tested; and\n- (ii) what instruments may be used for the testing; and\n- (i) isolating areas where equipment is being live tested or test run;\n- (ii) using personal protective equipment;\n- (iii) using high voltage test equipment and discharging stored energy after the test;\n- (iv) dealing with high prospective fault currents;\n- (v) other precautions to be taken for live testing.","sortOrder":232},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Electrical equipment and installations","content":"## Electrical equipment and installations","sortOrder":233},{"sectionNumber":"sec.113","sectionType":"section","heading":"Electrical protection for electrical distribution system","content":"### sec.113 Electrical protection for electrical distribution system\n\nThe site senior executive for a surface mine must ensure an earthed electrical distribution system at the mine has earth leakage protection.\nSubsection (1) does not apply if—\npersons at the mine are protected against indirect contact with the system; or\nfor an overhead power line—\nmobile plant is not operated close to the line; and\na risk assessment shows earth leakage protection would only minimally reduce the risk.\n(sec.113-ssec.1) The site senior executive for a surface mine must ensure an earthed electrical distribution system at the mine has earth leakage protection.\n(sec.113-ssec.2) Subsection (1) does not apply if— persons at the mine are protected against indirect contact with the system; or for an overhead power line— mobile plant is not operated close to the line; and a risk assessment shows earth leakage protection would only minimally reduce the risk.\n- (a) persons at the mine are protected against indirect contact with the system; or\n- (b) for an overhead power line— (i) mobile plant is not operated close to the line; and (ii) a risk assessment shows earth leakage protection would only minimally reduce the risk.\n- (i) mobile plant is not operated close to the line; and\n- (ii) a risk assessment shows earth leakage protection would only minimally reduce the risk.\n- (i) mobile plant is not operated close to the line; and\n- (ii) a risk assessment shows earth leakage protection would only minimally reduce the risk.","sortOrder":234},{"sectionNumber":"sec.114","sectionType":"section","heading":"Electrical protection for mobile or transportable equipment","content":"### sec.114 Electrical protection for mobile or transportable equipment\n\nThis section applies to mobile or transportable equipment used at a surface mine and supplied with electricity by a reeling or trailing cable.\nIf the equipment does not have a local earthing system, the site senior executive for the mine must ensure the cable has an earth continuity monitoring system that cuts off the electricity supply immediately after an earth continuity fault is detected in the cable or equipment.\nSubsection (2) does not apply if the cable—\nis a low voltage cable; and\nhas earth leakage current protection of not more than 30mA sensitivity; and\nhas individually screened cores; and\nhas no joining plugs or sockets.\nThe site senior executive must ensure the electricity source for the equipment has an earth fault current limitation device that limits prospective touch voltage to within acceptable limits.\nSubsection (4) does not apply if the equipment is low voltage equipment and persons at the mine are otherwise protected adequately against injury from indirect contact with electricity.\n(sec.114-ssec.1) This section applies to mobile or transportable equipment used at a surface mine and supplied with electricity by a reeling or trailing cable.\n(sec.114-ssec.2) If the equipment does not have a local earthing system, the site senior executive for the mine must ensure the cable has an earth continuity monitoring system that cuts off the electricity supply immediately after an earth continuity fault is detected in the cable or equipment.\n(sec.114-ssec.3) Subsection (2) does not apply if the cable— is a low voltage cable; and has earth leakage current protection of not more than 30mA sensitivity; and has individually screened cores; and has no joining plugs or sockets.\n(sec.114-ssec.4) The site senior executive must ensure the electricity source for the equipment has an earth fault current limitation device that limits prospective touch voltage to within acceptable limits.\n(sec.114-ssec.5) Subsection (4) does not apply if the equipment is low voltage equipment and persons at the mine are otherwise protected adequately against injury from indirect contact with electricity.\n- (a) is a low voltage cable; and\n- (b) has earth leakage current protection of not more than 30mA sensitivity; and\n- (c) has individually screened cores; and\n- (d) has no joining plugs or sockets.","sortOrder":235},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Explosives","content":"# Explosives","sortOrder":236},{"sectionNumber":"sec.115","sectionType":"section","heading":"Using explosives","content":"### sec.115 Using explosives\n\nExplosives for use, or used, at a surface mine must be stored, used and disposed of under AS 2187 ‘Explosives—Storage, transport and use’.\nIn this section—\nAS 2187 means the Australian Standard that is currently in force under that designation.\n(sec.115-ssec.1) Explosives for use, or used, at a surface mine must be stored, used and disposed of under AS 2187 ‘Explosives—Storage, transport and use’.\n(sec.115-ssec.2) In this section— AS 2187 means the Australian Standard that is currently in force under that designation.","sortOrder":237},{"sectionNumber":"sec.116","sectionType":"section","heading":"Safety and health management system","content":"### sec.116 Safety and health management system\n\nA surface mine must have a standard operating procedure for the following—\ntransporting explosives at the mine;\ninspecting and reporting on the safety of equipment used at the mine for manufacturing, storing, transporting and delivering explosives;\ntaking appropriate action to make equipment mentioned in paragraph (b) safe;\naccounting for explosives brought onto the mine;\nchecking for, and isolating, explosives that have deteriorated;\nminimising the risk of theft or misuse of explosives;\nidentifying and controlling hazards—\nduring the charging and firing of explosives; and\nin particular places, including, for example in a storage bin feeder in which an explosive is to be used to clear a blockage;\nfinding, recovering and detonating misfired explosives;\nkeeping a record about misfired explosives.\nThe procedure for transporting explosives must address the following—\npackaging explosives for transport;\nthe design of vehicles and compartments in which explosives are to be transported;\nmarking packages, containers and vehicles used for transporting explosives;\nstowing and segregating explosives during transport;\nthe appropriate load limit for vehicles carrying explosives;\ntransport procedures necessary to reduce the probability and consequence of incidents;\nthe competence required of persons for transporting explosives, including handling the explosives and mixing and discharging the explosives from vehicles;\ntemporary storage;\nrestricted areas;\nemergency response.\nThe procedure for identifying and controlling hazards during the charging and firing of explosives must—\nhave regard to the following—\nthe proximity of unrelated activities to the charging and firing;\nground conditions; and\nstate the allowable period for the explosives to remain in the ground before being detonated.\n(sec.116-ssec.1) A surface mine must have a standard operating procedure for the following— transporting explosives at the mine; inspecting and reporting on the safety of equipment used at the mine for manufacturing, storing, transporting and delivering explosives; taking appropriate action to make equipment mentioned in paragraph (b) safe; accounting for explosives brought onto the mine; checking for, and isolating, explosives that have deteriorated; minimising the risk of theft or misuse of explosives; identifying and controlling hazards— during the charging and firing of explosives; and in particular places, including, for example in a storage bin feeder in which an explosive is to be used to clear a blockage; finding, recovering and detonating misfired explosives; keeping a record about misfired explosives.\n(sec.116-ssec.2) The procedure for transporting explosives must address the following— packaging explosives for transport; the design of vehicles and compartments in which explosives are to be transported; marking packages, containers and vehicles used for transporting explosives; stowing and segregating explosives during transport; the appropriate load limit for vehicles carrying explosives; transport procedures necessary to reduce the probability and consequence of incidents; the competence required of persons for transporting explosives, including handling the explosives and mixing and discharging the explosives from vehicles; temporary storage; restricted areas; emergency response.\n(sec.116-ssec.3) The procedure for identifying and controlling hazards during the charging and firing of explosives must— have regard to the following— the proximity of unrelated activities to the charging and firing; ground conditions; and state the allowable period for the explosives to remain in the ground before being detonated.\n- (a) transporting explosives at the mine;\n- (b) inspecting and reporting on the safety of equipment used at the mine for manufacturing, storing, transporting and delivering explosives;\n- (c) taking appropriate action to make equipment mentioned in paragraph (b) safe;\n- (d) accounting for explosives brought onto the mine;\n- (e) checking for, and isolating, explosives that have deteriorated;\n- (f) minimising the risk of theft or misuse of explosives;\n- (g) identifying and controlling hazards— (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;\n- (i) during the charging and firing of explosives; and\n- (ii) in particular places, including, for example in a storage bin feeder in which an explosive is to be used to clear a blockage;\n- (h) finding, recovering and detonating misfired explosives;\n- (i) keeping a record about misfired explosives.\n- (i) during the charging and firing of explosives; and\n- (ii) in particular places, including, for example in a storage bin feeder in which an explosive is to be used to clear a blockage;\n- (a) packaging explosives for transport;\n- (b) the design of vehicles and compartments in which explosives are to be transported;\n- (c) marking packages, containers and vehicles used for transporting explosives;\n- (d) stowing and segregating explosives during transport;\n- (e) the appropriate load limit for vehicles carrying explosives;\n- (f) transport procedures necessary to reduce the probability and consequence of incidents;\n- (g) the competence required of persons for transporting explosives, including handling the explosives and mixing and discharging the explosives from vehicles;\n- (h) temporary storage;\n- (i) restricted areas;\n- (j) emergency response.\n- (a) have regard to the following— (i) the proximity of unrelated activities to the charging and firing; (ii) ground conditions; and\n- (i) the proximity of unrelated activities to the charging and firing;\n- (ii) ground conditions; and\n- (b) state the allowable period for the explosives to remain in the ground before being detonated.\n- (i) the proximity of unrelated activities to the charging and firing;\n- (ii) ground conditions; and","sortOrder":238},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Hazardous areas","content":"# Hazardous areas","sortOrder":239},{"sectionNumber":"sec.117","sectionType":"section","heading":"Spoil dumps and excavated faces","content":"### sec.117 Spoil dumps and excavated faces\n\nA surface mine must have a standard operating procedure for working on spoil dumps and near excavated faces at the mine.\nThe procedure must provide for inspecting and monitoring the spoil dumps and excavated faces.\n(sec.117-ssec.1) A surface mine must have a standard operating procedure for working on spoil dumps and near excavated faces at the mine.\n(sec.117-ssec.2) The procedure must provide for inspecting and monitoring the spoil dumps and excavated faces.","sortOrder":240},{"sectionNumber":"sec.118","sectionType":"section","heading":"Restricting access to hazardous areas","content":"### sec.118 Restricting access to hazardous areas\n\nA surface mine’s safety and health management system must provide for the following—\ninstalling safety berms or implementing other appropriate control measures for preventing persons and mobile plant from falling over edges with a vertical drop of 1m or more;\ncontrolling the entry of persons to areas containing open drill holes.\n- (a) installing safety berms or implementing other appropriate control measures for preventing persons and mobile plant from falling over edges with a vertical drop of 1m or more;\n- (b) controlling the entry of persons to areas containing open drill holes.","sortOrder":241},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Highwall mining","content":"# Highwall mining","sortOrder":242},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":243},{"sectionNumber":"sec.119","sectionType":"section","heading":"Entry to highwall mining underground excavation","content":"### sec.119 Entry to highwall mining underground excavation\n\nA person must not enter a highwall mining underground excavation unless—\nan abnormal circumstances declaration is in force for the excavation; and\na person having the competencies to supervise ERZ operations in an underground mine has been appointed to control the highwall mining activity while the abnormal circumstances declaration is in force; and\na risk assessment of the abnormal circumstances has been done, identifying the hazards associated with the abnormal circumstances; and\nadequate controls are in place to ensure the safety of the person entering the excavation; and\nthe person—\nhas the necessary competencies to work safely in an underground mine; and\ncarries a certified self-contained self-rescuer.\n- (a) an abnormal circumstances declaration is in force for the excavation; and\n- (b) a person having the competencies to supervise ERZ operations in an underground mine has been appointed to control the highwall mining activity while the abnormal circumstances declaration is in force; and\n- (c) a risk assessment of the abnormal circumstances has been done, identifying the hazards associated with the abnormal circumstances; and\n- (d) adequate controls are in place to ensure the safety of the person entering the excavation; and\n- (e) the person— (i) has the necessary competencies to work safely in an underground mine; and (ii) carries a certified self-contained self-rescuer.\n- (i) has the necessary competencies to work safely in an underground mine; and\n- (ii) carries a certified self-contained self-rescuer.\n- (i) has the necessary competencies to work safely in an underground mine; and\n- (ii) carries a certified self-contained self-rescuer.","sortOrder":244},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Abnormal circumstances declaration","content":"## Abnormal circumstances declaration","sortOrder":245},{"sectionNumber":"sec.120","sectionType":"section","heading":"Abnormal circumstances declaration","content":"### sec.120 Abnormal circumstances declaration\n\nThis section applies if it becomes necessary for a person to enter a highwall mining excavation at a surface mine to rescue someone or recover plant.\nAn abnormal circumstances declaration must be made by—\nthe site senior executive for the mine; or\nif it is necessary because of urgent or other special circumstances, including, for example the unavailability of the site senior executive—the senior supervisor for the mine.\nThe declaration must be written and state the following—\nthe controls that must be observed to manage the risks identified by a risk assessment of the risk to a person entering the highwall mining excavation;\nthe period for which the declaration is in force.\ns 120 amd 2019 SL No. 250 s 5\n(sec.120-ssec.1) This section applies if it becomes necessary for a person to enter a highwall mining excavation at a surface mine to rescue someone or recover plant.\n(sec.120-ssec.2) An abnormal circumstances declaration must be made by— the site senior executive for the mine; or if it is necessary because of urgent or other special circumstances, including, for example the unavailability of the site senior executive—the senior supervisor for the mine.\n(sec.120-ssec.3) The declaration must be written and state the following— the controls that must be observed to manage the risks identified by a risk assessment of the risk to a person entering the highwall mining excavation; the period for which the declaration is in force.\n- (a) the site senior executive for the mine; or\n- (b) if it is necessary because of urgent or other special circumstances, including, for example the unavailability of the site senior executive—the senior supervisor for the mine.\n- (a) the controls that must be observed to manage the risks identified by a risk assessment of the risk to a person entering the highwall mining excavation;\n- (b) the period for which the declaration is in force.","sortOrder":246},{"sectionNumber":"sec.121","sectionType":"section","heading":"Notifying particular persons of abnormal circumstances declaration","content":"### sec.121 Notifying particular persons of abnormal circumstances declaration\n\nImmediately after making the abnormal circumstances declaration, the site senior executive or senior supervisor must give notice of the declaration to—\neach supervisor in control of the highwall mining operation; and\na site safety and health representative for the mine.\n- (a) each supervisor in control of the highwall mining operation; and\n- (b) a site safety and health representative for the mine.","sortOrder":247},{"sectionNumber":"sec.122","sectionType":"section","heading":"Revoking abnormal circumstances declaration","content":"### sec.122 Revoking abnormal circumstances declaration\n\nImmediately after the need for a person to enter the highwall mining excavation has passed, the abnormal circumstances declaration must be revoked by the site senior executive or senior supervisor who made the declaration.\nThe revocation must be written and notice of it given to—\neach supervisor in control of the highwall mining operation; and\na site safety and health representative for the mine.\n(sec.122-ssec.1) Immediately after the need for a person to enter the highwall mining excavation has passed, the abnormal circumstances declaration must be revoked by the site senior executive or senior supervisor who made the declaration.\n(sec.122-ssec.2) The revocation must be written and notice of it given to— each supervisor in control of the highwall mining operation; and a site safety and health representative for the mine.\n- (a) each supervisor in control of the highwall mining operation; and\n- (b) a site safety and health representative for the mine.","sortOrder":248},{"sectionNumber":"sec.123","sectionType":"section","heading":"Particulars of abnormal circumstances declaration must be included in mine record","content":"### sec.123 Particulars of abnormal circumstances declaration must be included in mine record\n\nFor section 68 of the Act , an abnormal circumstances declaration is prescribed as a matter that must be included in the mine record.\nThe site senior executive for a surface mine must ensure the mine record includes the following about the declaration—\nthe reasons for the declaration;\nthe date the declaration was made;\nthe controls required by the declaration;\nthe date the declaration was revoked.\n(sec.123-ssec.1) For section 68 of the Act , an abnormal circumstances declaration is prescribed as a matter that must be included in the mine record.\n(sec.123-ssec.2) The site senior executive for a surface mine must ensure the mine record includes the following about the declaration— the reasons for the declaration; the date the declaration was made; the controls required by the declaration; the date the declaration was revoked.\n- (a) the reasons for the declaration;\n- (b) the date the declaration was made;\n- (c) the controls required by the declaration;\n- (d) the date the declaration was revoked.","sortOrder":249},{"sectionNumber":"sec.124","sectionType":"section","heading":"Other provisions applying while declaration is in force","content":"### sec.124 Other provisions applying while declaration is in force\n\nWithout limiting any other provision of chapter 2 or this chapter, the provisions of chapter 4 stated in schedule 3 apply to the highwall mining underground excavation to which the abnormal circumstances declaration relates while the declaration is in force.\nFor subsection (1) , a reference in the provisions to—\nthe underground mine manager or ventilation officer is taken to be a reference to the site senior executive; and\nthe ERZ controller is taken to be a reference to a person mentioned in section 119 (b) ; and\nan underground mine is taken to be the surface mine at which the highwall mining is carried out.\n(sec.124-ssec.1) Without limiting any other provision of chapter 2 or this chapter, the provisions of chapter 4 stated in schedule 3 apply to the highwall mining underground excavation to which the abnormal circumstances declaration relates while the declaration is in force.\n(sec.124-ssec.2) For subsection (1) , a reference in the provisions to— the underground mine manager or ventilation officer is taken to be a reference to the site senior executive; and the ERZ controller is taken to be a reference to a person mentioned in section 119 (b) ; and an underground mine is taken to be the surface mine at which the highwall mining is carried out.\n- (a) the underground mine manager or ventilation officer is taken to be a reference to the site senior executive; and\n- (b) the ERZ controller is taken to be a reference to a person mentioned in section 119 (b) ; and\n- (c) an underground mine is taken to be the surface mine at which the highwall mining is carried out.","sortOrder":250},{"sectionNumber":"ch.3-pt.6-div.3","sectionType":"division","heading":"Safety and health management system","content":"## Safety and health management system","sortOrder":251},{"sectionNumber":"sec.125","sectionType":"section","heading":"Safety and health management system for highwall mining","content":"### sec.125 Safety and health management system for highwall mining\n\nIf highwall mining is carried out at a surface mine, the mine’s safety and health management system must provide for conducting the highwall mining activity in a way that controls the risk of unplanned highwall instability.\nThe system must include standard operating procedures for the following—\nthe entry of persons to, and the evacuation of persons from, an area where highwall mining is carried out;\nfire prevention, and fire fighting, associated with highwall mining;\nidentifying and marking areas near highwall mining where—\nexplosive atmospheres may occur; or\nit is safe to use cutting and welding equipment, or smoke cigarettes;\ncontinuously monitoring oxygen and methane in the atmosphere at the cutting face in the highwall mining excavation during cutting if an explosive atmosphere that may cause a risk is present, or suspected to be present, in the excavation;\nworking safely in areas where there is a potential for flooding from any source;\nenabling a person to communicate with a person on the surface when work is being carried out in the underground excavation.\nThe procedure mentioned in subsection (2) (c) must provide for—\nmonitoring the areas for the potential for the formation of an ERZ; and\ndeciding whether—\nequipment used in the areas needs explosion protection; and\naluminium alloys used in the areas need protection to minimise the risk of explosion.\nThe procedure mentioned in subsection (2) (e) must provide for ongoing risk assessment of the potential for inrush, outrush and flooding.\n(sec.125-ssec.1) If highwall mining is carried out at a surface mine, the mine’s safety and health management system must provide for conducting the highwall mining activity in a way that controls the risk of unplanned highwall instability.\n(sec.125-ssec.2) The system must include standard operating procedures for the following— the entry of persons to, and the evacuation of persons from, an area where highwall mining is carried out; fire prevention, and fire fighting, associated with highwall mining; identifying and marking areas near highwall mining where— explosive atmospheres may occur; or it is safe to use cutting and welding equipment, or smoke cigarettes; continuously monitoring oxygen and methane in the atmosphere at the cutting face in the highwall mining excavation during cutting if an explosive atmosphere that may cause a risk is present, or suspected to be present, in the excavation; working safely in areas where there is a potential for flooding from any source; enabling a person to communicate with a person on the surface when work is being carried out in the underground excavation.\n(sec.125-ssec.3) The procedure mentioned in subsection (2) (c) must provide for— monitoring the areas for the potential for the formation of an ERZ; and deciding whether— equipment used in the areas needs explosion protection; and aluminium alloys used in the areas need protection to minimise the risk of explosion.\n(sec.125-ssec.4) The procedure mentioned in subsection (2) (e) must provide for ongoing risk assessment of the potential for inrush, outrush and flooding.\n- (a) the entry of persons to, and the evacuation of persons from, an area where highwall mining is carried out;\n- (b) fire prevention, and fire fighting, associated with highwall mining;\n- (c) identifying and marking areas near highwall mining where— (i) explosive atmospheres may occur; or (ii) it is safe to use cutting and welding equipment, or smoke cigarettes;\n- (i) explosive atmospheres may occur; or\n- (ii) it is safe to use cutting and welding equipment, or smoke cigarettes;\n- (d) continuously monitoring oxygen and methane in the atmosphere at the cutting face in the highwall mining excavation during cutting if an explosive atmosphere that may cause a risk is present, or suspected to be present, in the excavation;\n- (e) working safely in areas where there is a potential for flooding from any source;\n- (f) enabling a person to communicate with a person on the surface when work is being carried out in the underground excavation.\n- (i) explosive atmospheres may occur; or\n- (ii) it is safe to use cutting and welding equipment, or smoke cigarettes;\n- (a) monitoring the areas for the potential for the formation of an ERZ; and\n- (b) deciding whether— (i) equipment used in the areas needs explosion protection; and (ii) aluminium alloys used in the areas need protection to minimise the risk of explosion.\n- (i) equipment used in the areas needs explosion protection; and\n- (ii) aluminium alloys used in the areas need protection to minimise the risk of explosion.\n- (i) equipment used in the areas needs explosion protection; and\n- (ii) aluminium alloys used in the areas need protection to minimise the risk of explosion.","sortOrder":252},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Mine plans","content":"# Mine plans","sortOrder":253},{"sectionNumber":"sec.126","sectionType":"section","heading":"Plan of surface land","content":"### sec.126 Plan of surface land\n\nThe site senior executive for a surface mine must ensure the mine has a plan, complying with this section, of its surface land.\nThe scale of a hard copy of the plan must be 1:2500.\nThe plan’s reference grid must use GDA as its basis or a grid that can be cross-referenced to GDA by information stated on the plan.\nThe information about the mine shown on the plan must include the following—\nthe mine’s boundaries;\nthe boundaries of the following—\nany road, railway, power line or other type of reserve or easement on the surface within the mine’s boundaries;\nany creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;\nthe location of any artificial structures on the surface within the mine’s boundaries;\nthe contours of the reduced levels of the mine workings floor at intervals, of not more than 5m, as are necessary to show potential hazards at the mine;\nthe final extent and datum level of the limits of the excavation.\nThe site senior executive must ensure at least 1 copy of the plan kept at the mine is drawn on a transparency so the plan can be overlaid on the plan of any underground mine workings.\n(sec.126-ssec.1) The site senior executive for a surface mine must ensure the mine has a plan, complying with this section, of its surface land.\n(sec.126-ssec.2) The scale of a hard copy of the plan must be 1:2500.\n(sec.126-ssec.3) The plan’s reference grid must use GDA as its basis or a grid that can be cross-referenced to GDA by information stated on the plan.\n(sec.126-ssec.4) The information about the mine shown on the plan must include the following— the mine’s boundaries; the boundaries of the following— any road, railway, power line or other type of reserve or easement on the surface within the mine’s boundaries; any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine; the location of any artificial structures on the surface within the mine’s boundaries; the contours of the reduced levels of the mine workings floor at intervals, of not more than 5m, as are necessary to show potential hazards at the mine; the final extent and datum level of the limits of the excavation.\n(sec.126-ssec.5) The site senior executive must ensure at least 1 copy of the plan kept at the mine is drawn on a transparency so the plan can be overlaid on the plan of any underground mine workings.\n- (a) the mine’s boundaries;\n- (b) the boundaries of the following— (i) any road, railway, power line or other type of reserve or easement on the surface within the mine’s boundaries; (ii) any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;\n- (i) any road, railway, power line or other type of reserve or easement on the surface within the mine’s boundaries;\n- (ii) any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;\n- (c) the location of any artificial structures on the surface within the mine’s boundaries;\n- (d) the contours of the reduced levels of the mine workings floor at intervals, of not more than 5m, as are necessary to show potential hazards at the mine;\n- (e) the final extent and datum level of the limits of the excavation.\n- (i) any road, railway, power line or other type of reserve or easement on the surface within the mine’s boundaries;\n- (ii) any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;","sortOrder":254},{"sectionNumber":"sec.127","sectionType":"section","heading":"Plans of surface services","content":"### sec.127 Plans of surface services\n\nThe site senior executive for a surface mine must ensure current plans identifying and showing the location of surface services, including buried services, are kept in a location at the mine that is easily accessible by each coal mine worker at the mine.\nIn this section—\nburied service includes electricity conducted through an underground electrical cable and another service carried in an underground pipe.\nsurface service includes the following—\na communication cable;\ncompressed air storage and reticulation;\ndiesel storage and reticulation;\nan electrical cable;\nan emergency access or road;\na fire fighting facility;\na first aid facility;\ngas storage and reticulation;\nrescue equipment;\na sewerage facility;\na water storage pipeline or drain.\n(sec.127-ssec.1) The site senior executive for a surface mine must ensure current plans identifying and showing the location of surface services, including buried services, are kept in a location at the mine that is easily accessible by each coal mine worker at the mine.\n(sec.127-ssec.2) In this section— buried service includes electricity conducted through an underground electrical cable and another service carried in an underground pipe. surface service includes the following— a communication cable; compressed air storage and reticulation; diesel storage and reticulation; an electrical cable; an emergency access or road; a fire fighting facility; a first aid facility; gas storage and reticulation; rescue equipment; a sewerage facility; a water storage pipeline or drain.\n- (a) a communication cable;\n- (b) compressed air storage and reticulation;\n- (c) diesel storage and reticulation;\n- (d) an electrical cable;\n- (e) an emergency access or road;\n- (f) a fire fighting facility;\n- (g) a first aid facility;\n- (h) gas storage and reticulation;\n- (i) rescue equipment;\n- (j) a sewerage facility;\n- (k) a water storage pipeline or drain.","sortOrder":255},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Mine roads","content":"# Mine roads","sortOrder":256},{"sectionNumber":"sec.128","sectionType":"section","heading":"Specification for design and construction of mine roads","content":"### sec.128 Specification for design and construction of mine roads\n\nA surface mine’s safety and health management system must provide a specification for the design and construction of mine roads to enable the safe movement of vehicles about the mine.\nThe specification must have regard to the particular conditions at the mine, including the following—\nthe characteristics of the mine vehicles;\nthe types of materials used for road construction;\nthe methods of working the mine.\nThe specification must be developed through a formal risk assessment process and must provide for the following for the roads—\nbarriers;\ncurvature;\ngrade;\nguideposts;\npavement shape;\nsafety berms;\nsigns;\nsurface material;\nwidth.\nThe specification must provide for appropriate control measures for preventing persons and vehicles from falling over road edges with a vertical drop of more than 0.5m.\nFor a primary haul road regularly used for 2-way traffic, the specification must provide for a road width at least 3.5 times the width of the largest vehicle regularly using the road.\nIn this section—\nprimary haul road means a road—\nintended to be used, during the life of the mine, by heavy vehicles to move overburden, coal and reject material from the mine; and\ncapable of carrying mixed traffic at high speed.\nwidth , for a road, means the width of the road’s useable running pavement clear of guideposts, grader rills and safety berms.\n(sec.128-ssec.1) A surface mine’s safety and health management system must provide a specification for the design and construction of mine roads to enable the safe movement of vehicles about the mine.\n(sec.128-ssec.2) The specification must have regard to the particular conditions at the mine, including the following— the characteristics of the mine vehicles; the types of materials used for road construction; the methods of working the mine.\n(sec.128-ssec.3) The specification must be developed through a formal risk assessment process and must provide for the following for the roads— barriers; curvature; grade; guideposts; pavement shape; safety berms; signs; surface material; width.\n(sec.128-ssec.4) The specification must provide for appropriate control measures for preventing persons and vehicles from falling over road edges with a vertical drop of more than 0.5m.\n(sec.128-ssec.5) For a primary haul road regularly used for 2-way traffic, the specification must provide for a road width at least 3.5 times the width of the largest vehicle regularly using the road.\n(sec.128-ssec.6) In this section— primary haul road means a road— intended to be used, during the life of the mine, by heavy vehicles to move overburden, coal and reject material from the mine; and capable of carrying mixed traffic at high speed. width , for a road, means the width of the road’s useable running pavement clear of guideposts, grader rills and safety berms.\n- (a) the characteristics of the mine vehicles;\n- (b) the types of materials used for road construction;\n- (c) the methods of working the mine.\n- (a) barriers;\n- (b) curvature;\n- (c) grade;\n- (d) guideposts;\n- (e) pavement shape;\n- (f) safety berms;\n- (g) signs;\n- (h) surface material;\n- (i) width.\n- (a) intended to be used, during the life of the mine, by heavy vehicles to move overburden, coal and reject material from the mine; and\n- (b) capable of carrying mixed traffic at high speed.","sortOrder":257},{"sectionNumber":"sec.129","sectionType":"section","heading":"Standard operating procedure","content":"### sec.129 Standard operating procedure\n\nA surface mine must have a standard operating procedure for maintaining and watering mine roads, including dealing with hazards caused by excessive watering of roads.","sortOrder":258},{"sectionNumber":"ch.3-pt.9","sectionType":"part","heading":"Plant","content":"# Plant","sortOrder":259},{"sectionNumber":"ch.3-pt.9-div.1","sectionType":"division","heading":"Operator-attended dredges","content":"## Operator-attended dredges","sortOrder":260},{"sectionNumber":"sec.130","sectionType":"section","heading":"Safety features for operator-attended dredges","content":"### sec.130 Safety features for operator-attended dredges\n\nA surface mine’s safety and health management system must provide for the following safety features for an operator-attended dredge at the mine—\nan alarm system to warn the operator when the minimum freeboard for the dredge is breached;\na watertight door or cover on each hatch or opening on a hull that is essential for floating the dredge;\nbarriers and handrails fitted to or around the dredge to minimise the risk of a person falling overboard.\n- (a) an alarm system to warn the operator when the minimum freeboard for the dredge is breached;\n- (b) a watertight door or cover on each hatch or opening on a hull that is essential for floating the dredge;\n- (c) barriers and handrails fitted to or around the dredge to minimise the risk of a person falling overboard.","sortOrder":261},{"sectionNumber":"sec.131","sectionType":"section","heading":"Stability checks","content":"### sec.131 Stability checks\n\nA surface mine’s safety and health management system must provide that before an operator-attended dredge is used at the mine—\nstability checks are done for the dredge to calculate—\nthe dredge’s safe working limits, including its minimum freeboard; and\nthe safe allowable water levels for the dredge’s hulls; and\na method of measuring water levels in the dredge’s flotation hulls is available.\n- (a) stability checks are done for the dredge to calculate— (i) the dredge’s safe working limits, including its minimum freeboard; and (ii) the safe allowable water levels for the dredge’s hulls; and\n- (i) the dredge’s safe working limits, including its minimum freeboard; and\n- (ii) the safe allowable water levels for the dredge’s hulls; and\n- (b) a method of measuring water levels in the dredge’s flotation hulls is available.\n- (i) the dredge’s safe working limits, including its minimum freeboard; and\n- (ii) the safe allowable water levels for the dredge’s hulls; and","sortOrder":262},{"sectionNumber":"sec.132","sectionType":"section","heading":"Using and relocating operator-attended dredges","content":"### sec.132 Using and relocating operator-attended dredges\n\nA surface mine must have a standard operating procedure for using and relocating operator-attended dredges at the mine.\nThe procedure must provide for the following—\nsafe access to a floating pontoon;\nrestricting access to areas identified in a risk assessment as high risk areas;\ncontrolling electrical trailing cables connected to the dredge;\nthe safety of persons near winch ropes;\nusing a bilge pump, including, in particular, ways to minimise the risk of reverse siphoning;\nchecking and recording the dredge’s freeboard;\nmaintaining and inspecting the dredge’s hulls and parts essential for flotation;\ncontrolling risk from dredging the face;\nmonitoring climatic conditions and securing the dredge during adverse climatic conditions.\n(sec.132-ssec.1) A surface mine must have a standard operating procedure for using and relocating operator-attended dredges at the mine.\n(sec.132-ssec.2) The procedure must provide for the following— safe access to a floating pontoon; restricting access to areas identified in a risk assessment as high risk areas; controlling electrical trailing cables connected to the dredge; the safety of persons near winch ropes; using a bilge pump, including, in particular, ways to minimise the risk of reverse siphoning; checking and recording the dredge’s freeboard; maintaining and inspecting the dredge’s hulls and parts essential for flotation; controlling risk from dredging the face; monitoring climatic conditions and securing the dredge during adverse climatic conditions.\n- (a) safe access to a floating pontoon;\n- (b) restricting access to areas identified in a risk assessment as high risk areas;\n- (c) controlling electrical trailing cables connected to the dredge;\n- (d) the safety of persons near winch ropes;\n- (e) using a bilge pump, including, in particular, ways to minimise the risk of reverse siphoning;\n- (f) checking and recording the dredge’s freeboard;\n- (g) maintaining and inspecting the dredge’s hulls and parts essential for flotation;\n- (h) controlling risk from dredging the face;\n- (i) monitoring climatic conditions and securing the dredge during adverse climatic conditions.","sortOrder":263},{"sectionNumber":"ch.3-pt.9-div.2","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":264},{"sectionNumber":"sec.133","sectionType":"section","heading":"Discharging loads","content":"### sec.133 Discharging loads\n\nA surface mine must have a standard operating procedure for discharging loads from fixed and mobile plant.\nThe procedure must provide for the following for dump trucks—\nthe design, construction and maintenance of safety berms on roads used by the trucks;\nidentifying risks of the trucks overturning;\nsafe dump areas and routes;\nmethods of working with the trucks.\n(sec.133-ssec.1) A surface mine must have a standard operating procedure for discharging loads from fixed and mobile plant.\n(sec.133-ssec.2) The procedure must provide for the following for dump trucks— the design, construction and maintenance of safety berms on roads used by the trucks; identifying risks of the trucks overturning; safe dump areas and routes; methods of working with the trucks.\n- (a) the design, construction and maintenance of safety berms on roads used by the trucks;\n- (b) identifying risks of the trucks overturning;\n- (c) safe dump areas and routes;\n- (d) methods of working with the trucks.","sortOrder":265},{"sectionNumber":"sec.134","sectionType":"section","heading":"Using explosive-powered tools","content":"### sec.134 Using explosive-powered tools\n\nA surface mine must have a standard operating procedure for using explosive-powered tools.","sortOrder":266},{"sectionNumber":"sec.135","sectionType":"section","heading":"Using plant near electricity","content":"### sec.135 Using plant near electricity\n\nA surface mine must have a standard operating procedure for using fixed and mobile plant near electrical cables, overhead electrical conductors, or electrical equipment.\nThe procedure must provide for the following—\nrecording power line heights at each location where a vehicle may pass;\nkeeping a register of the height of vehicles and mobile plant used on site;\nfixing standard travelling routes at the mine;\ntravelling other than on a standard travelling route;\ninspecting, and reporting on, travelling routes for plant not included in the register mentioned in paragraph (b) ;\npreventing incidents involving electrical contact, including, for example, by—\nusing barriers, signs, indicators and alarms; and\nrequiring stated clearance distances between plant and electrical conductors; and\nisolating electrical conductors.\n(sec.135-ssec.1) A surface mine must have a standard operating procedure for using fixed and mobile plant near electrical cables, overhead electrical conductors, or electrical equipment.\n(sec.135-ssec.2) The procedure must provide for the following— recording power line heights at each location where a vehicle may pass; keeping a register of the height of vehicles and mobile plant used on site; fixing standard travelling routes at the mine; travelling other than on a standard travelling route; inspecting, and reporting on, travelling routes for plant not included in the register mentioned in paragraph (b) ; preventing incidents involving electrical contact, including, for example, by— using barriers, signs, indicators and alarms; and requiring stated clearance distances between plant and electrical conductors; and isolating electrical conductors.\n- (a) recording power line heights at each location where a vehicle may pass;\n- (b) keeping a register of the height of vehicles and mobile plant used on site;\n- (c) fixing standard travelling routes at the mine;\n- (d) travelling other than on a standard travelling route;\n- (e) inspecting, and reporting on, travelling routes for plant not included in the register mentioned in paragraph (b) ;\n- (f) preventing incidents involving electrical contact, including, for example, by— (i) using barriers, signs, indicators and alarms; and (ii) requiring stated clearance distances between plant and electrical conductors; and (iii) isolating electrical conductors.\n- (i) using barriers, signs, indicators and alarms; and\n- (ii) requiring stated clearance distances between plant and electrical conductors; and\n- (iii) isolating electrical conductors.\n- (i) using barriers, signs, indicators and alarms; and\n- (ii) requiring stated clearance distances between plant and electrical conductors; and\n- (iii) isolating electrical conductors.","sortOrder":267},{"sectionNumber":"ch.3-pt.10","sectionType":"part","heading":"Stockpile and coal waste dump operations","content":"# Stockpile and coal waste dump operations","sortOrder":268},{"sectionNumber":"sec.136","sectionType":"section","heading":"Engine shutdown and fire suppression","content":"### sec.136 Engine shutdown and fire suppression\n\nA surface mine’s safety and health management system must provide for—\neach manually operated earthmoving machine used on a stockpile or coal waste dump at the mine to be fitted with an automatic fire suppression system; and\nthe machine’s engine to be capable of being stopped, independently of the operator, if a risk assessment indicates the machine may become buried.\n- (a) each manually operated earthmoving machine used on a stockpile or coal waste dump at the mine to be fitted with an automatic fire suppression system; and\n- (b) the machine’s engine to be capable of being stopped, independently of the operator, if a risk assessment indicates the machine may become buried.","sortOrder":269},{"sectionNumber":"sec.137","sectionType":"section","heading":"Fire detection and suppression in tunnels","content":"### sec.137 Fire detection and suppression in tunnels\n\nA surface mine’s safety and health management system must provide for automatically detecting combustion and suppressing fires in tunnels beneath stockpiles.","sortOrder":270},{"sectionNumber":"sec.138","sectionType":"section","heading":"Standard operating procedures","content":"### sec.138 Standard operating procedures\n\nA surface mine must have standard operating procedures for the following—\noperating equipment on stockpiles and coal waste dumps;\nensuring the safety of persons—\non or near a stockpile or coal waste dump; and\nin, or near, heated areas or areas with a potential for spontaneous combustion; and\nworking below or near a stockpile or coal waste dump where there is potential for material inrush or outrush; and\nentering a bin or hopper to free blockages from inside or outside the bin or hopper;\nmaintaining a safe atmosphere in a tunnel under a stockpile while persons are working in the tunnel;\nevacuating persons from a tunnel under a stockpile.\nThe procedure for operating equipment on a stockpile must provide for the following—\ndetecting, and giving notification of, voids in a stockpile;\ntaking emergency action if equipment falls into a void;\ntraversing a stockpile;\ncreating loading faces and dozer slots and battering down the faces and slots;\nsupplying uniform lighting to minimise shadows.\n(sec.138-ssec.1) A surface mine must have standard operating procedures for the following— operating equipment on stockpiles and coal waste dumps; ensuring the safety of persons— on or near a stockpile or coal waste dump; and in, or near, heated areas or areas with a potential for spontaneous combustion; and working below or near a stockpile or coal waste dump where there is potential for material inrush or outrush; and entering a bin or hopper to free blockages from inside or outside the bin or hopper; maintaining a safe atmosphere in a tunnel under a stockpile while persons are working in the tunnel; evacuating persons from a tunnel under a stockpile.\n(sec.138-ssec.2) The procedure for operating equipment on a stockpile must provide for the following— detecting, and giving notification of, voids in a stockpile; taking emergency action if equipment falls into a void; traversing a stockpile; creating loading faces and dozer slots and battering down the faces and slots; supplying uniform lighting to minimise shadows.\n- (a) operating equipment on stockpiles and coal waste dumps;\n- (b) ensuring the safety of persons— (i) on or near a stockpile or coal waste dump; and (ii) in, or near, heated areas or areas with a potential for spontaneous combustion; and (iii) working below or near a stockpile or coal waste dump where there is potential for material inrush or outrush; and (iv) entering a bin or hopper to free blockages from inside or outside the bin or hopper;\n- (i) on or near a stockpile or coal waste dump; and\n- (ii) in, or near, heated areas or areas with a potential for spontaneous combustion; and\n- (iii) working below or near a stockpile or coal waste dump where there is potential for material inrush or outrush; and\n- (iv) entering a bin or hopper to free blockages from inside or outside the bin or hopper;\n- (c) maintaining a safe atmosphere in a tunnel under a stockpile while persons are working in the tunnel;\n- (d) evacuating persons from a tunnel under a stockpile.\n- (i) on or near a stockpile or coal waste dump; and\n- (ii) in, or near, heated areas or areas with a potential for spontaneous combustion; and\n- (iii) working below or near a stockpile or coal waste dump where there is potential for material inrush or outrush; and\n- (iv) entering a bin or hopper to free blockages from inside or outside the bin or hopper;\n- (a) detecting, and giving notification of, voids in a stockpile;\n- (b) taking emergency action if equipment falls into a void;\n- (c) traversing a stockpile;\n- (d) creating loading faces and dozer slots and battering down the faces and slots;\n- (e) supplying uniform lighting to minimise shadows.","sortOrder":271},{"sectionNumber":"sec.139","sectionType":"section","heading":"Safety berms","content":"### sec.139 Safety berms\n\nIf rear dump trucks are required to dump up to, or over, an edge at a surface mine, the mine’s safety and health management system must provide for constructing and maintaining a safety berm to reduce the risk from the trucks toppling over the edge.","sortOrder":272},{"sectionNumber":"ch.3-pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":273},{"sectionNumber":"sec.140","sectionType":"section","heading":"Prohibited articles","content":"### sec.140 Prohibited articles\n\nA surface mine’s safety and health management system must provide for classifying materials or objects as prohibited articles.\nA person must not have a prohibited article at the mine.\n(sec.140-ssec.1) A surface mine’s safety and health management system must provide for classifying materials or objects as prohibited articles.\n(sec.140-ssec.2) A person must not have a prohibited article at the mine.","sortOrder":274},{"sectionNumber":"sec.141","sectionType":"section","heading":"Safety inspections","content":"### sec.141 Safety inspections\n\nA surface mine must have a standard operating procedure for carrying out safety inspections of workplaces, including an inspection by an open-cut examiner under section 106 , at the mine.\nThe procedure must require—\na safety inspection to be done before an on-site activity is carried out at a workplace, and periodically while activities are carried out at the workplace; and\nthe results of the inspection, including details of hazards and recommended corrective action, to be made available to the mine’s coal mine workers.\n(sec.141-ssec.1) A surface mine must have a standard operating procedure for carrying out safety inspections of workplaces, including an inspection by an open-cut examiner under section 106 , at the mine.\n(sec.141-ssec.2) The procedure must require— a safety inspection to be done before an on-site activity is carried out at a workplace, and periodically while activities are carried out at the workplace; and the results of the inspection, including details of hazards and recommended corrective action, to be made available to the mine’s coal mine workers.\n- (a) a safety inspection to be done before an on-site activity is carried out at a workplace, and periodically while activities are carried out at the workplace; and\n- (b) the results of the inspection, including details of hazards and recommended corrective action, to be made available to the mine’s coal mine workers.","sortOrder":275},{"sectionNumber":"sec.142","sectionType":"section","heading":"Flammable or toxic gas","content":"### sec.142 Flammable or toxic gas\n\nA surface mine’s safety and health management system must provide for protecting persons from risks from flammable or toxic gas at the mine.\nThe system must include a standard operating procedure that provides for the following—\nidentifying and monitoring parts of the mine where the gas might accumulate and create a hazard;\nfixing flammable gas concentration limits for the work environment;\ntesting for flammable or toxic gas in the work environment, before, during and after carrying out work;\nrecording information about flammable or toxic gas detected in the work environment;\ncontrolling flammable or toxic gas in the work environment;\nestablishing emergency procedures for flammable or toxic gas in the work environment.\n(sec.142-ssec.1) A surface mine’s safety and health management system must provide for protecting persons from risks from flammable or toxic gas at the mine.\n(sec.142-ssec.2) The system must include a standard operating procedure that provides for the following— identifying and monitoring parts of the mine where the gas might accumulate and create a hazard; fixing flammable gas concentration limits for the work environment; testing for flammable or toxic gas in the work environment, before, during and after carrying out work; recording information about flammable or toxic gas detected in the work environment; controlling flammable or toxic gas in the work environment; establishing emergency procedures for flammable or toxic gas in the work environment.\n- (a) identifying and monitoring parts of the mine where the gas might accumulate and create a hazard;\n- (b) fixing flammable gas concentration limits for the work environment;\n- (c) testing for flammable or toxic gas in the work environment, before, during and after carrying out work;\n- (d) recording information about flammable or toxic gas detected in the work environment;\n- (e) controlling flammable or toxic gas in the work environment;\n- (f) establishing emergency procedures for flammable or toxic gas in the work environment.","sortOrder":276},{"sectionNumber":"sec.143","sectionType":"section","heading":"Heat stress","content":"### sec.143 Heat stress\n\nA surface mine’s safety and health management system must include a procedure for protecting persons from heat that may lead to heat stress, heat exhaustion or heat stroke.","sortOrder":277},{"sectionNumber":"sec.144","sectionType":"section","heading":"Lighting","content":"### sec.144 Lighting\n\nA surface mine’s safety and health management system must provide for the following—\nadequate lighting, having regard to shadow, contrast and glare, in each area of the mine in which work is to be carried out so the work can be carried out safely;\nemergency lighting to ensure that persons in a building or enclosure at the mine can safely exit if the normal lighting fails.\n- (a) adequate lighting, having regard to shadow, contrast and glare, in each area of the mine in which work is to be carried out so the work can be carried out safely;\n- (b) emergency lighting to ensure that persons in a building or enclosure at the mine can safely exit if the normal lighting fails.","sortOrder":278},{"sectionNumber":"sec.145","sectionType":"section","heading":"Spray painting and spraying other substances","content":"### sec.145 Spray painting and spraying other substances\n\nA surface mine must have a standard operating procedure for spray painting or spraying a volatile or harmful substance.","sortOrder":279},{"sectionNumber":"sec.146","sectionType":"section","heading":"Trenches","content":"### sec.146 Trenches\n\nA surface mine’s safety and health management system must provide for protecting persons from risks from trenches at the mine.\nThe system must provide for the following—\nthe use of barricades;\nground support;\nwater ingress and hazardous atmosphere in the trench.\n(sec.146-ssec.1) A surface mine’s safety and health management system must provide for protecting persons from risks from trenches at the mine.\n(sec.146-ssec.2) The system must provide for the following— the use of barricades; ground support; water ingress and hazardous atmosphere in the trench.\n- (a) the use of barricades;\n- (b) ground support;\n- (c) water ingress and hazardous atmosphere in the trench.","sortOrder":280},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":281},{"sectionNumber":"sec.147","sectionType":"section","heading":"Application of chapter","content":"### sec.147 Application of chapter\n\nThis chapter applies only to underground mines.\nSee also chapter 2 which is about all coal mines.","sortOrder":282},{"sectionNumber":"sec.148","sectionType":"section","heading":"Ways of achieving an acceptable level of risk","content":"### sec.148 Ways of achieving an acceptable level of risk\n\nThis chapter prescribes ways of achieving an acceptable level of risk at an underground mine in the circumstances mentioned in this chapter.\nHowever, this chapter does not deal with all circumstances that expose someone to risk at an underground mine.\nA person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed.\nSee section 34 of the Act for the penalty for failing to discharge the obligation.\n(sec.148-ssec.1) This chapter prescribes ways of achieving an acceptable level of risk at an underground mine in the circumstances mentioned in this chapter.\n(sec.148-ssec.2) However, this chapter does not deal with all circumstances that expose someone to risk at an underground mine.\n(sec.148-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed. See section 34 of the Act for the penalty for failing to discharge the obligation.","sortOrder":283},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"General","content":"# General","sortOrder":284},{"sectionNumber":"sec.149","sectionType":"section","heading":"Principal hazard management plan","content":"### sec.149 Principal hazard management plan\n\nAn underground mine must have principal hazard management plans that provide for at the least the following—\nemergency response failure;\ngas management;\nmethane drainage;\nmine ventilation failure;\ngas outbursts;\nspontaneous combustion;\nground or strata failure;\ninundation or inrush of any substance;\nmine shafts and winding systems;\nsubsidence;\nairborne dust or any other airborne contaminants;\nfire or explosion;\nroads or other vehicle operating areas;\nany other principal hazard identified by the coal mine operator or site senior executive for the underground mine.\ns 149 sub 2024 SL No. 167 s 29\n- (a) emergency response failure;\n- (b) gas management;\n- (c) methane drainage;\n- (d) mine ventilation failure;\n- (e) gas outbursts;\n- (f) spontaneous combustion;\n- (g) ground or strata failure;\n- (h) inundation or inrush of any substance;\n- (i) mine shafts and winding systems;\n- (j) subsidence;\n- (k) airborne dust or any other airborne contaminants;\n- (l) fire or explosion;\n- (m) roads or other vehicle operating areas;\n- (n) any other principal hazard identified by the coal mine operator or site senior executive for the underground mine.","sortOrder":285},{"sectionNumber":"sec.150","sectionType":"section","heading":"Restriction on entering below ground","content":"### sec.150 Restriction on entering below ground\n\nA person must not enter below ground at an underground mine without the authority of the underground mine manager.","sortOrder":286},{"sectionNumber":"sec.151","sectionType":"section","heading":"Dealing with flammable substances underground","content":"### sec.151 Dealing with flammable substances underground\n\nAn underground mine must have a standard operating procedure for using, storing, handling and disposing of flammable substances with a flash point of less than 61ºC underground.","sortOrder":287},{"sectionNumber":"sec.152","sectionType":"section","heading":"Limit to external surface temperature of equipment used underground","content":"### sec.152 Limit to external surface temperature of equipment used underground\n\nUnless otherwise allowed under part 8 , division 5 , a person must not use equipment underground if its external surface temperature is more than 150ºC.","sortOrder":288},{"sectionNumber":"sec.153","sectionType":"section","heading":"Giving technical directions to a person appointed under s 60 (8) or (9) of the Act","content":"### sec.153 Giving technical directions to a person appointed under s 60 (8) or (9) of the Act\n\nA person must not give a technical direction about a safety and health matter to a person appointed under section 60 (8) or (9) of the Act unless the person has the necessary technical competency, and is authorised by the underground mine manager, to give the direction.\nMaximum penalty—200 penalty units.","sortOrder":289},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Emergencies","content":"# Emergencies","sortOrder":290},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Fire prevention and control","content":"## Fire prevention and control","sortOrder":291},{"sectionNumber":"sec.154","sectionType":"section","heading":"Fire prevention and control","content":"### sec.154 Fire prevention and control\n\nThe site senior executive for an underground mine must ensure a building or structure located at a surface intake opening, or in the underground mine, is constructed of a nonflammable material.","sortOrder":292},{"sectionNumber":"sec.155","sectionType":"section","heading":"Fire officers","content":"### sec.155 Fire officers\n\nThe underground mine manager for an underground mine must appoint, in writing, at least 1 person as a fire officer for the mine.\nThe fire officer is responsible for the following—\ninspecting, testing and maintaining all fire fighting equipment;\nkeeping records of the inspection, testing and maintenance of fire fighting equipment;\nestablishing fire prevention and control training needs and ensuring the training is carried out;\nensuring the currency of all fire fighting plans and procedures;\ntesting, and reporting on, the condition of the mine’s communication system.\n(sec.155-ssec.1) The underground mine manager for an underground mine must appoint, in writing, at least 1 person as a fire officer for the mine.\n(sec.155-ssec.2) The fire officer is responsible for the following— inspecting, testing and maintaining all fire fighting equipment; keeping records of the inspection, testing and maintenance of fire fighting equipment; establishing fire prevention and control training needs and ensuring the training is carried out; ensuring the currency of all fire fighting plans and procedures; testing, and reporting on, the condition of the mine’s communication system.\n- (a) inspecting, testing and maintaining all fire fighting equipment;\n- (b) keeping records of the inspection, testing and maintenance of fire fighting equipment;\n- (c) establishing fire prevention and control training needs and ensuring the training is carried out;\n- (d) ensuring the currency of all fire fighting plans and procedures;\n- (e) testing, and reporting on, the condition of the mine’s communication system.","sortOrder":293},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Emergency mine sealing and entry airlocks","content":"## Emergency mine sealing and entry airlocks","sortOrder":294},{"sectionNumber":"sec.156","sectionType":"section","heading":"Emergency mine sealing and entry airlocks","content":"### sec.156 Emergency mine sealing and entry airlocks\n\nThe site senior executive for an underground mine must ensure—\neach entrance from the surface to the underground mine is capable of being sealed—\nat the surface without requiring persons to travel in front of the entrance to seal it; or\nif the entrance is a vertical shaft—\nin the way mentioned in subparagraph (i) ; or\nin a roadway at the bottom of the shaft; and\nat least 1 entrance from the surface to the underground mine has a mine entry airlock.\nThe site senior executive must also ensure—\neach seal installed for sealing an entrance from the surface to the underground mine is a type E seal; and\neach mine entry airlock is capable of withstanding a pressure pulse of 70kPa passing through the entrance while the airlock is open.\nThe site senior executive must also ensure the underground mine, when sealed, has facilities allowing the following—\nthe use of inertisation equipment from a safe position;\nthe monitoring of the atmosphere behind the seal from a safe position;\npersons to re-enter the mine through the entrance;\nlarge mobile equipment to enter or exit the mine through an airlock.\nThis section does not apply to a drift or shaft being driven from the surface in material other than coal.\nNothing in this section prevents a type E seal from also being designed for pressure relief for an overpressure of more than 70kPa.\nIn this section—\ntype E seal means a ventilation control device capable of withstanding an overpressure of 70kPa.\n(sec.156-ssec.1) The site senior executive for an underground mine must ensure— each entrance from the surface to the underground mine is capable of being sealed— at the surface without requiring persons to travel in front of the entrance to seal it; or if the entrance is a vertical shaft— in the way mentioned in subparagraph (i) ; or in a roadway at the bottom of the shaft; and at least 1 entrance from the surface to the underground mine has a mine entry airlock.\n(sec.156-ssec.2) The site senior executive must also ensure— each seal installed for sealing an entrance from the surface to the underground mine is a type E seal; and each mine entry airlock is capable of withstanding a pressure pulse of 70kPa passing through the entrance while the airlock is open.\n(sec.156-ssec.3) The site senior executive must also ensure the underground mine, when sealed, has facilities allowing the following— the use of inertisation equipment from a safe position; the monitoring of the atmosphere behind the seal from a safe position; persons to re-enter the mine through the entrance; large mobile equipment to enter or exit the mine through an airlock.\n(sec.156-ssec.4) This section does not apply to a drift or shaft being driven from the surface in material other than coal.\n(sec.156-ssec.5) Nothing in this section prevents a type E seal from also being designed for pressure relief for an overpressure of more than 70kPa.\n(sec.156-ssec.6) In this section— type E seal means a ventilation control device capable of withstanding an overpressure of 70kPa.\n- (a) each entrance from the surface to the underground mine is capable of being sealed— (i) at the surface without requiring persons to travel in front of the entrance to seal it; or (ii) if the entrance is a vertical shaft— (A) in the way mentioned in subparagraph (i) ; or (B) in a roadway at the bottom of the shaft; and\n- (i) at the surface without requiring persons to travel in front of the entrance to seal it; or\n- (ii) if the entrance is a vertical shaft— (A) in the way mentioned in subparagraph (i) ; or (B) in a roadway at the bottom of the shaft; and\n- (A) in the way mentioned in subparagraph (i) ; or\n- (B) in a roadway at the bottom of the shaft; and\n- (b) at least 1 entrance from the surface to the underground mine has a mine entry airlock.\n- (i) at the surface without requiring persons to travel in front of the entrance to seal it; or\n- (ii) if the entrance is a vertical shaft— (A) in the way mentioned in subparagraph (i) ; or (B) in a roadway at the bottom of the shaft; and\n- (A) in the way mentioned in subparagraph (i) ; or\n- (B) in a roadway at the bottom of the shaft; and\n- (A) in the way mentioned in subparagraph (i) ; or\n- (B) in a roadway at the bottom of the shaft; and\n- (a) each seal installed for sealing an entrance from the surface to the underground mine is a type E seal; and\n- (b) each mine entry airlock is capable of withstanding a pressure pulse of 70kPa passing through the entrance while the airlock is open.\n- (a) the use of inertisation equipment from a safe position;\n- (b) the monitoring of the atmosphere behind the seal from a safe position;\n- (c) persons to re-enter the mine through the entrance;\n- (d) large mobile equipment to enter or exit the mine through an airlock.","sortOrder":295},{"sectionNumber":"sec.157","sectionType":"section","heading":"Testing airlocks","content":"### sec.157 Testing airlocks\n\nThe underground mine manager for an underground mine must ensure the operation of each airlock installed for an entrance at the mine is tested, other than pressure tested, at least once a year.","sortOrder":296},{"sectionNumber":"sec.157A","sectionType":"section","heading":"Testing inertisation facilities","content":"### sec.157A Testing inertisation facilities\n\nThe underground mine manager for an underground mine must ensure the following facilities at the mine are tested at appropriate intervals to ensure the facilities are capable of being used in an emergency—\nthe connection point for using the inertisation equipment mentioned in section 156 (3) (a) ;\neach airlock and seal required to be used with the inertisation equipment.\nThe site senior executive for the mine must ensure the necessary facilities, including, for example, water and cleared areas, are available for use with the inertisation equipment.\n(sec.157A-ssec.1) The underground mine manager for an underground mine must ensure the following facilities at the mine are tested at appropriate intervals to ensure the facilities are capable of being used in an emergency— the connection point for using the inertisation equipment mentioned in section 156 (3) (a) ; each airlock and seal required to be used with the inertisation equipment.\n(sec.157A-ssec.2) The site senior executive for the mine must ensure the necessary facilities, including, for example, water and cleared areas, are available for use with the inertisation equipment.\n- (a) the connection point for using the inertisation equipment mentioned in section 156 (3) (a) ;\n- (b) each airlock and seal required to be used with the inertisation equipment.","sortOrder":297},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Rescue and communication","content":"# Rescue and communication","sortOrder":298},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"Self-rescuers and other breathing apparatus","content":"## Self-rescuers and other breathing apparatus","sortOrder":299},{"sectionNumber":"sec.158","sectionType":"section","heading":"Self-rescuers and other breathing apparatus","content":"### sec.158 Self-rescuers and other breathing apparatus\n\nAn underground mine’s safety and health management system must provide for the following for persons other than mines rescue persons—\nsupplying self-rescuers, and other breathing apparatus, of a certified type for use at the mine;\nmaintaining and testing self-rescuers and other breathing apparatus used at the mine;\nfor self-rescuers—\nissuing each person with a self-rescuer that is physically suitable for the person before the person enters the mine; and\ntraining persons in donning, changing over and using self-rescuers, including self-rescuers stored in caches in the mine, before the persons enter the mine;\nfor other breathing apparatus—\nissuing the breathing apparatus to each person who is required to use the apparatus; and\ntraining persons who are required to use the breathing apparatus in using the apparatus.\nThe system must also provide for the following—\nthe use of a self-rescuer at the mine by the following—\na person who is using the self-rescuer other than the self-rescuer that was issued permanently to the person;\na temporary coal mine worker;\na visitor;\nrecording the following details about each temporary use of a self-rescuer at the mine—\nthe name of the person using the self-rescuer;\nthe date and time the self-rescuer was taken or issued for use by the person;\nthe unique identification of the self-rescuer;\nremoving a record mentioned in paragraph (b) when the person to whom the record applies returns the self-rescuer.\n(sec.158-ssec.1) An underground mine’s safety and health management system must provide for the following for persons other than mines rescue persons— supplying self-rescuers, and other breathing apparatus, of a certified type for use at the mine; maintaining and testing self-rescuers and other breathing apparatus used at the mine; for self-rescuers— issuing each person with a self-rescuer that is physically suitable for the person before the person enters the mine; and training persons in donning, changing over and using self-rescuers, including self-rescuers stored in caches in the mine, before the persons enter the mine; for other breathing apparatus— issuing the breathing apparatus to each person who is required to use the apparatus; and training persons who are required to use the breathing apparatus in using the apparatus.\n(sec.158-ssec.2) The system must also provide for the following— the use of a self-rescuer at the mine by the following— a person who is using the self-rescuer other than the self-rescuer that was issued permanently to the person; a temporary coal mine worker; a visitor; recording the following details about each temporary use of a self-rescuer at the mine— the name of the person using the self-rescuer; the date and time the self-rescuer was taken or issued for use by the person; the unique identification of the self-rescuer; removing a record mentioned in paragraph (b) when the person to whom the record applies returns the self-rescuer.\n- (a) supplying self-rescuers, and other breathing apparatus, of a certified type for use at the mine;\n- (b) maintaining and testing self-rescuers and other breathing apparatus used at the mine;\n- (c) for self-rescuers— (i) issuing each person with a self-rescuer that is physically suitable for the person before the person enters the mine; and (ii) training persons in donning, changing over and using self-rescuers, including self-rescuers stored in caches in the mine, before the persons enter the mine;\n- (i) issuing each person with a self-rescuer that is physically suitable for the person before the person enters the mine; and\n- (ii) training persons in donning, changing over and using self-rescuers, including self-rescuers stored in caches in the mine, before the persons enter the mine;\n- (d) for other breathing apparatus— (i) issuing the breathing apparatus to each person who is required to use the apparatus; and (ii) training persons who are required to use the breathing apparatus in using the apparatus.\n- (i) issuing the breathing apparatus to each person who is required to use the apparatus; and\n- (ii) training persons who are required to use the breathing apparatus in using the apparatus.\n- (i) issuing each person with a self-rescuer that is physically suitable for the person before the person enters the mine; and\n- (ii) training persons in donning, changing over and using self-rescuers, including self-rescuers stored in caches in the mine, before the persons enter the mine;\n- (i) issuing the breathing apparatus to each person who is required to use the apparatus; and\n- (ii) training persons who are required to use the breathing apparatus in using the apparatus.\n- (a) the use of a self-rescuer at the mine by the following— (i) a person who is using the self-rescuer other than the self-rescuer that was issued permanently to the person; (ii) a temporary coal mine worker; (iii) a visitor;\n- (i) a person who is using the self-rescuer other than the self-rescuer that was issued permanently to the person;\n- (ii) a temporary coal mine worker;\n- (iii) a visitor;\n- (b) recording the following details about each temporary use of a self-rescuer at the mine— (i) the name of the person using the self-rescuer; (ii) the date and time the self-rescuer was taken or issued for use by the person; (iii) the unique identification of the self-rescuer;\n- (i) the name of the person using the self-rescuer;\n- (ii) the date and time the self-rescuer was taken or issued for use by the person;\n- (iii) the unique identification of the self-rescuer;\n- (c) removing a record mentioned in paragraph (b) when the person to whom the record applies returns the self-rescuer.\n- (i) a person who is using the self-rescuer other than the self-rescuer that was issued permanently to the person;\n- (ii) a temporary coal mine worker;\n- (iii) a visitor;\n- (i) the name of the person using the self-rescuer;\n- (ii) the date and time the self-rescuer was taken or issued for use by the person;\n- (iii) the unique identification of the self-rescuer;","sortOrder":300},{"sectionNumber":"sec.159","sectionType":"section","heading":"Restriction on entering below ground at underground mine without self-rescuer","content":"### sec.159 Restriction on entering below ground at underground mine without self-rescuer\n\nA person must not enter below ground at an underground mine unless the person—\nhas been issued with, and is carrying, a self-rescuer; and\nis trained in donning, changing over and using the self-rescuer and self-rescuers stored in caches in the mine; and\nhas examined the self-rescuer, is satisfied the self-rescuer has not been damaged externally, and has carried out any checks required by the manufacturer; and\nis physically capable of using a self-rescuer of a certified type.\nSubsection (1) does not apply to a mines rescue person carrying out a mines rescue activity.\n(sec.159-ssec.1) A person must not enter below ground at an underground mine unless the person— has been issued with, and is carrying, a self-rescuer; and is trained in donning, changing over and using the self-rescuer and self-rescuers stored in caches in the mine; and has examined the self-rescuer, is satisfied the self-rescuer has not been damaged externally, and has carried out any checks required by the manufacturer; and is physically capable of using a self-rescuer of a certified type.\n(sec.159-ssec.2) Subsection (1) does not apply to a mines rescue person carrying out a mines rescue activity.\n- (a) has been issued with, and is carrying, a self-rescuer; and\n- (b) is trained in donning, changing over and using the self-rescuer and self-rescuers stored in caches in the mine; and\n- (c) has examined the self-rescuer, is satisfied the self-rescuer has not been damaged externally, and has carried out any checks required by the manufacturer; and\n- (d) is physically capable of using a self-rescuer of a certified type.","sortOrder":301},{"sectionNumber":"sec.160","sectionType":"section","heading":"Responsibility of persons issued with self-rescuers","content":"### sec.160 Responsibility of persons issued with self-rescuers\n\nWhile a self-rescuer issued for an underground mine is in the possession or control of the person to whom the self-rescuer has been issued, the person must ensure its safe keeping and, as far as practicable, that the self-rescuer is not damaged.","sortOrder":302},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Cap lamps","content":"## Cap lamps","sortOrder":303},{"sectionNumber":"sec.161","sectionType":"section","heading":"Types of cap lamps","content":"### sec.161 Types of cap lamps\n\nAn underground mine’s safety and health management system must provide for the following—\ncap lamps for use at the mine to be of a certified type and explosion protection category Ex ia, Ex s or Ex l;\na record to be kept of the following for each cap lamp type in use at the mine—\nits design and construction specifications;\nthe manufacturer’s maintenance and testing recommendations.\n- (a) cap lamps for use at the mine to be of a certified type and explosion protection category Ex ia, Ex s or Ex l;\n- (b) a record to be kept of the following for each cap lamp type in use at the mine— (i) its design and construction specifications; (ii) the manufacturer’s maintenance and testing recommendations.\n- (i) its design and construction specifications;\n- (ii) the manufacturer’s maintenance and testing recommendations.\n- (i) its design and construction specifications;\n- (ii) the manufacturer’s maintenance and testing recommendations.","sortOrder":304},{"sectionNumber":"sec.162","sectionType":"section","heading":"Facilities and equipment for cap lamps","content":"### sec.162 Facilities and equipment for cap lamps\n\nThe site senior executive for an underground mine must ensure—\nthe mine has the following facilities and equipment for cap lamps—\na lamp room;\nbattery charging stations;\ncap lamp battery charging equipment;\nthe correct tools and testing equipment for repairing and maintaining cap lamps; and\neach battery charging station is adequately ventilated to remove gases generated by the charging.\n- (a) the mine has the following facilities and equipment for cap lamps— (i) a lamp room; (ii) battery charging stations; (iii) cap lamp battery charging equipment; (iv) the correct tools and testing equipment for repairing and maintaining cap lamps; and\n- (i) a lamp room;\n- (ii) battery charging stations;\n- (iii) cap lamp battery charging equipment;\n- (iv) the correct tools and testing equipment for repairing and maintaining cap lamps; and\n- (b) each battery charging station is adequately ventilated to remove gases generated by the charging.\n- (i) a lamp room;\n- (ii) battery charging stations;\n- (iii) cap lamp battery charging equipment;\n- (iv) the correct tools and testing equipment for repairing and maintaining cap lamps; and","sortOrder":305},{"sectionNumber":"sec.163","sectionType":"section","heading":"Maintaining and testing cap lamps","content":"### sec.163 Maintaining and testing cap lamps\n\nThe underground mine manager for an underground mine must ensure—\neach cap lamp used at the mine is operated for the minimum period stated in the standard against which the cap lamp is certified immediately before the cap lamp is tested; and\nthe cap lamp is used again only if the test shows its performance is at least 60% of the performance stated in the standard; and\na record is kept of results of maintenance and testing of cap lamps in use at the mine.\n- (a) each cap lamp used at the mine is operated for the minimum period stated in the standard against which the cap lamp is certified immediately before the cap lamp is tested; and\n- (b) the cap lamp is used again only if the test shows its performance is at least 60% of the performance stated in the standard; and\n- (c) a record is kept of results of maintenance and testing of cap lamps in use at the mine.","sortOrder":306},{"sectionNumber":"sec.164","sectionType":"section","heading":"Identifying and tracking cap lamps","content":"### sec.164 Identifying and tracking cap lamps\n\nThe underground mine manager for an underground mine must ensure—\neach cap lamp issued to a person at the mine has a unique identification; and\na record is kept of the name of the person to whom the cap lamp is issued permanently.\n- (a) each cap lamp issued to a person at the mine has a unique identification; and\n- (b) a record is kept of the name of the person to whom the cap lamp is issued permanently.","sortOrder":307},{"sectionNumber":"sec.165","sectionType":"section","heading":"Restriction on entering below ground at an underground mine without a cap lamp","content":"### sec.165 Restriction on entering below ground at an underground mine without a cap lamp\n\nA person must not enter below ground at an underground mine unless the person—\nhas been issued with, and is carrying, a cap lamp; and\nis trained in using the cap lamp; and\nhas examined the cap lamp, is satisfied the cap lamp is working correctly, and has not been damaged to an extent that adversely affects its safe use.\n- (a) has been issued with, and is carrying, a cap lamp; and\n- (b) is trained in using the cap lamp; and\n- (c) has examined the cap lamp, is satisfied the cap lamp is working correctly, and has not been damaged to an extent that adversely affects its safe use.","sortOrder":308},{"sectionNumber":"sec.166","sectionType":"section","heading":"Safety and health management system","content":"### sec.166 Safety and health management system\n\nAn underground mine’s safety and health management system must provide for the following—\nthe use of cap lamps at the mine by the following—\na person who is using a cap lamp other than the cap lamp that was issued permanently to the person;\na temporary coal mine worker;\na visitor;\nrecording the following details about the temporary use of a cap lamp at the mine—\nthe name of the person using the cap lamp;\nthe date and time the cap lamp was taken or issued for use by the person;\nthe unique identification of the cap lamp;\nremoving a record mentioned in paragraph (b) when the person to whom the record applies returns the cap lamp.\n- (a) the use of cap lamps at the mine by the following— (i) a person who is using a cap lamp other than the cap lamp that was issued permanently to the person; (ii) a temporary coal mine worker; (iii) a visitor;\n- (i) a person who is using a cap lamp other than the cap lamp that was issued permanently to the person;\n- (ii) a temporary coal mine worker;\n- (iii) a visitor;\n- (b) recording the following details about the temporary use of a cap lamp at the mine— (i) the name of the person using the cap lamp; (ii) the date and time the cap lamp was taken or issued for use by the person; (iii) the unique identification of the cap lamp;\n- (i) the name of the person using the cap lamp;\n- (ii) the date and time the cap lamp was taken or issued for use by the person;\n- (iii) the unique identification of the cap lamp;\n- (c) removing a record mentioned in paragraph (b) when the person to whom the record applies returns the cap lamp.\n- (i) a person who is using a cap lamp other than the cap lamp that was issued permanently to the person;\n- (ii) a temporary coal mine worker;\n- (iii) a visitor;\n- (i) the name of the person using the cap lamp;\n- (ii) the date and time the cap lamp was taken or issued for use by the person;\n- (iii) the unique identification of the cap lamp;","sortOrder":309},{"sectionNumber":"sec.167","sectionType":"section","heading":"Responsibility of persons using cap lamps","content":"### sec.167 Responsibility of persons using cap lamps\n\nWhile a cap lamp issued for an underground mine is in the possession or control of the person to whom the cap lamp has been issued, the person must ensure its safe keeping and, as far as practicable, that the cap lamp is not damaged.\nA person to whom a cap lamp has been issued for an underground mine must return the lamp to its allotted position at the battery charging station at the mine—\nat the end of the person’s shift or any extension of the shift for which the lamp was issued; or\nif the person no longer needs the cap lamp during the person’s shift or any extension of the shift—as soon as possible after the person no longer needs the cap lamp.\n(sec.167-ssec.1) While a cap lamp issued for an underground mine is in the possession or control of the person to whom the cap lamp has been issued, the person must ensure its safe keeping and, as far as practicable, that the cap lamp is not damaged.\n(sec.167-ssec.2) A person to whom a cap lamp has been issued for an underground mine must return the lamp to its allotted position at the battery charging station at the mine— at the end of the person’s shift or any extension of the shift for which the lamp was issued; or if the person no longer needs the cap lamp during the person’s shift or any extension of the shift—as soon as possible after the person no longer needs the cap lamp.\n- (a) at the end of the person’s shift or any extension of the shift for which the lamp was issued; or\n- (b) if the person no longer needs the cap lamp during the person’s shift or any extension of the shift—as soon as possible after the person no longer needs the cap lamp.","sortOrder":310},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":"Self-escape, aided escape and emergency evacuation","content":"## Self-escape, aided escape and emergency evacuation","sortOrder":311},{"sectionNumber":"sec.168","sectionType":"section","heading":"Safety and health management system for self-escape","content":"### sec.168 Safety and health management system for self-escape\n\nAn underground mine’s safety and health management system must provide for the self-escape of persons from the mine, or a part of the mine, to a place of safety.\nThe system must be developed through a risk assessment that includes a consideration of at least the following—\nthe location of devices for assisting self-escape;\nthe number of devices, including self-rescuers, to be distributed throughout the mine;\nselecting and marking the location for reserve self-rescuers;\nthe number and location of changeover stations and refuges;\nselecting and marking escape routes;\ncommunication equipment and ways of using the equipment;\ntraining persons in self-escape;\nfitness of coal mine workers.\nThe system must provide for a sufficient number of self-rescuers to be placed throughout the mine to enable each person below ground to attempt to escape to the surface if an incident renders the mine, or a part of the mine atmosphere, irrespirable and of poor visibility.\n(sec.168-ssec.1) An underground mine’s safety and health management system must provide for the self-escape of persons from the mine, or a part of the mine, to a place of safety.\n(sec.168-ssec.2) The system must be developed through a risk assessment that includes a consideration of at least the following— the location of devices for assisting self-escape; the number of devices, including self-rescuers, to be distributed throughout the mine; selecting and marking the location for reserve self-rescuers; the number and location of changeover stations and refuges; selecting and marking escape routes; communication equipment and ways of using the equipment; training persons in self-escape; fitness of coal mine workers.\n(sec.168-ssec.3) The system must provide for a sufficient number of self-rescuers to be placed throughout the mine to enable each person below ground to attempt to escape to the surface if an incident renders the mine, or a part of the mine atmosphere, irrespirable and of poor visibility.\n- (a) the location of devices for assisting self-escape;\n- (b) the number of devices, including self-rescuers, to be distributed throughout the mine;\n- (c) selecting and marking the location for reserve self-rescuers;\n- (d) the number and location of changeover stations and refuges;\n- (e) selecting and marking escape routes;\n- (f) communication equipment and ways of using the equipment;\n- (g) training persons in self-escape;\n- (h) fitness of coal mine workers.","sortOrder":312},{"sectionNumber":"sec.169","sectionType":"section","heading":"Standard operating procedure for self-escape","content":"### sec.169 Standard operating procedure for self-escape\n\nAn underground mine must have a standard operating procedure for familiarising the mine’s coal mine workers with use of the mine’s escapeways.\nThe procedure must include the use of exercises under simulated incident conditions.\n(sec.169-ssec.1) An underground mine must have a standard operating procedure for familiarising the mine’s coal mine workers with use of the mine’s escapeways.\n(sec.169-ssec.2) The procedure must include the use of exercises under simulated incident conditions.","sortOrder":313},{"sectionNumber":"sec.170","sectionType":"section","heading":"Safety and health management system for aided escape","content":"### sec.170 Safety and health management system for aided escape\n\nAn underground mine’s safety and health management system must provide for the aided escape of persons from the mine, or from a place of refuge, to a place of safety.\nThe escape strategies provided by the system must be capable of implementation whenever a person is below ground at the mine.\n(sec.170-ssec.1) An underground mine’s safety and health management system must provide for the aided escape of persons from the mine, or from a place of refuge, to a place of safety.\n(sec.170-ssec.2) The escape strategies provided by the system must be capable of implementation whenever a person is below ground at the mine.","sortOrder":314},{"sectionNumber":"sec.171","sectionType":"section","heading":"Safety and health management system for emergency evacuation","content":"### sec.171 Safety and health management system for emergency evacuation\n\nAn underground mine’s safety and health management system must provide for the emergency evacuation of persons from the mine, or a part of the mine, to a place of safety.\nThe system must provide for the following—\nthe designation of places of safety where persons may assemble in an emergency;\nthe trigger points for evacuating the mine or a part of the mine;\nperiodic exercises to demonstrate the effectiveness of the emergency evacuation system to respond to potential emergencies at the mine.\nThe site senior executive for the mine must consult with workers at the mine in developing the part of the safety and health management system that provides for the trigger points mentioned in subsection (2) (b) (the trigger point provisions ).\nIn establishing the trigger points, the site senior executive must comply with section 10 , other than section 10 (1) (a) , as if—\na reference in the section to a standard operating procedure were a reference to the trigger point provisions; and\na reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.\nIn this section—\ntrigger point means an indicator that the level of risk for a particular hazard is unacceptable.\n(sec.171-ssec.1) An underground mine’s safety and health management system must provide for the emergency evacuation of persons from the mine, or a part of the mine, to a place of safety.\n(sec.171-ssec.2) The system must provide for the following— the designation of places of safety where persons may assemble in an emergency; the trigger points for evacuating the mine or a part of the mine; periodic exercises to demonstrate the effectiveness of the emergency evacuation system to respond to potential emergencies at the mine.\n(sec.171-ssec.3) The site senior executive for the mine must consult with workers at the mine in developing the part of the safety and health management system that provides for the trigger points mentioned in subsection (2) (b) (the trigger point provisions ).\n(sec.171-ssec.4) In establishing the trigger points, the site senior executive must comply with section 10 , other than section 10 (1) (a) , as if— a reference in the section to a standard operating procedure were a reference to the trigger point provisions; and a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.\n(sec.171-ssec.5) In this section— trigger point means an indicator that the level of risk for a particular hazard is unacceptable.\n- (a) the designation of places of safety where persons may assemble in an emergency;\n- (b) the trigger points for evacuating the mine or a part of the mine;\n- (c) periodic exercises to demonstrate the effectiveness of the emergency evacuation system to respond to potential emergencies at the mine.\n- (a) a reference in the section to a standard operating procedure were a reference to the trigger point provisions; and\n- (b) a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.","sortOrder":315},{"sectionNumber":"ch.4-pt.4-div.4","sectionType":"division","heading":"Mines rescue","content":"## Mines rescue","sortOrder":316},{"sectionNumber":"sec.172","sectionType":"section","heading":"Emergency response strategies","content":"### sec.172 Emergency response strategies\n\nThe site senior executive for an underground mine must ensure the mine has emergency response strategies for mines rescue services.\nThe strategies must provide for external assistance under—\na mutual assistance scheme between the mine and another mine; or\na mines rescue agreement.\nThe strategies must be capable of implementation whenever a person is below ground at the mine.\n(sec.172-ssec.1) The site senior executive for an underground mine must ensure the mine has emergency response strategies for mines rescue services.\n(sec.172-ssec.2) The strategies must provide for external assistance under— a mutual assistance scheme between the mine and another mine; or a mines rescue agreement.\n(sec.172-ssec.3) The strategies must be capable of implementation whenever a person is below ground at the mine.\n- (a) a mutual assistance scheme between the mine and another mine; or\n- (b) a mines rescue agreement.","sortOrder":317},{"sectionNumber":"sec.173","sectionType":"section","heading":"Mines rescue team","content":"### sec.173 Mines rescue team\n\nThe site senior executive for an underground mine must ensure—\nthe mine has at least the required number of persons certified by an accredited corporation as competent in using self-contained breathing apparatus and emergency rescue procedures; and\nthe persons are—\ncoal mine workers at the mine; or\nother persons whose availability to assist in mines rescue at the mine is secured by an arrangement agreed to in writing by an inspector.\nIn this section—\nrequired number , of persons for an underground mine, means the number that is the greater of the following—\n5;\n5% of the mine’s coal mine workers.\n(sec.173-ssec.1) The site senior executive for an underground mine must ensure— the mine has at least the required number of persons certified by an accredited corporation as competent in using self-contained breathing apparatus and emergency rescue procedures; and the persons are— coal mine workers at the mine; or other persons whose availability to assist in mines rescue at the mine is secured by an arrangement agreed to in writing by an inspector.\n(sec.173-ssec.2) In this section— required number , of persons for an underground mine, means the number that is the greater of the following— 5; 5% of the mine’s coal mine workers.\n- (a) the mine has at least the required number of persons certified by an accredited corporation as competent in using self-contained breathing apparatus and emergency rescue procedures; and\n- (b) the persons are— (i) coal mine workers at the mine; or (ii) other persons whose availability to assist in mines rescue at the mine is secured by an arrangement agreed to in writing by an inspector.\n- (i) coal mine workers at the mine; or\n- (ii) other persons whose availability to assist in mines rescue at the mine is secured by an arrangement agreed to in writing by an inspector.\n- (i) coal mine workers at the mine; or\n- (ii) other persons whose availability to assist in mines rescue at the mine is secured by an arrangement agreed to in writing by an inspector.\n- (a) 5;\n- (b) 5% of the mine’s coal mine workers.","sortOrder":318},{"sectionNumber":"sec.174","sectionType":"section","heading":"Mines rescue agreement","content":"### sec.174 Mines rescue agreement\n\nA mines rescue agreement for an underground mine must state the following—\nthe minimum mines rescue training to be provided under the agreement;\nthe procedure for coal mine operators to help each other in an emergency;\nhow inertisation equipment controlled by the accredited corporation is to be used at the mine;\nthe operational procedures developed by the accredited corporation to be followed by the corporation in carrying out the mines rescue services at the mine.\n- (a) the minimum mines rescue training to be provided under the agreement;\n- (b) the procedure for coal mine operators to help each other in an emergency;\n- (c) how inertisation equipment controlled by the accredited corporation is to be used at the mine;\n- (d) the operational procedures developed by the accredited corporation to be followed by the corporation in carrying out the mines rescue services at the mine.","sortOrder":319},{"sectionNumber":"sec.175","sectionType":"section","heading":"Inertisation capability","content":"### sec.175 Inertisation capability\n\nAn accredited corporation must have—\nan operational inertisation capability, including persons trained in operating inertisation equipment, for any underground mine with which the corporation has a mines rescue agreement; and\nsufficient resources for training persons in operating the equipment.\n- (a) an operational inertisation capability, including persons trained in operating inertisation equipment, for any underground mine with which the corporation has a mines rescue agreement; and\n- (b) sufficient resources for training persons in operating the equipment.","sortOrder":320},{"sectionNumber":"ch.4-pt.4-div.5","sectionType":"division","heading":"Communication systems","content":"## Communication systems","sortOrder":321},{"sectionNumber":"sec.176","sectionType":"section","heading":"Telephonic communication","content":"### sec.176 Telephonic communication\n\nThe site senior executive for an underground mine must ensure the mine’s telephonic communication system complies with this section and has an adequate failsafe, or backup, power supply for the system.\nThe system’s electrical components installed underground must be suitable for use in an ERZ0, unless the components are installed in a drift or shaft being driven from the surface in material other than coal.\nThe system must provide for effective telephonic communication to and from the following places at the mine—\neach entrance underground, and on the surface, through which a person may enter into a shaft or other excavation used for ingress to or egress from the mine workings;\neach underground battery charging station;\neach underground workshop;\neach underground crib room;\na place close to each switchgear used to isolate or control sections of the underground main electricity distribution system;\na place close to each underground conveyor belt drivehead;\na place close to each underground loading or transfer point on the conveyor belt system;\neach emergency refuge chamber;\na place in each inspection district in the mine not otherwise mentioned in paragraphs (a) to (h) .\n(sec.176-ssec.1) The site senior executive for an underground mine must ensure the mine’s telephonic communication system complies with this section and has an adequate failsafe, or backup, power supply for the system.\n(sec.176-ssec.2) The system’s electrical components installed underground must be suitable for use in an ERZ0, unless the components are installed in a drift or shaft being driven from the surface in material other than coal.\n(sec.176-ssec.3) The system must provide for effective telephonic communication to and from the following places at the mine— each entrance underground, and on the surface, through which a person may enter into a shaft or other excavation used for ingress to or egress from the mine workings; each underground battery charging station; each underground workshop; each underground crib room; a place close to each switchgear used to isolate or control sections of the underground main electricity distribution system; a place close to each underground conveyor belt drivehead; a place close to each underground loading or transfer point on the conveyor belt system; each emergency refuge chamber; a place in each inspection district in the mine not otherwise mentioned in paragraphs (a) to (h) .\n- (a) each entrance underground, and on the surface, through which a person may enter into a shaft or other excavation used for ingress to or egress from the mine workings;\n- (b) each underground battery charging station;\n- (c) each underground workshop;\n- (d) each underground crib room;\n- (e) a place close to each switchgear used to isolate or control sections of the underground main electricity distribution system;\n- (f) a place close to each underground conveyor belt drivehead;\n- (g) a place close to each underground loading or transfer point on the conveyor belt system;\n- (h) each emergency refuge chamber;\n- (i) a place in each inspection district in the mine not otherwise mentioned in paragraphs (a) to (h) .","sortOrder":322},{"sectionNumber":"sec.177","sectionType":"section","heading":"Coal mine workers must be competent in operating telephonic communication system","content":"### sec.177 Coal mine workers must be competent in operating telephonic communication system\n\nThe underground mine manager for an underground mine must ensure each coal mine worker at the mine is competent in operating the mine’s telephonic communication system.","sortOrder":323},{"sectionNumber":"sec.178","sectionType":"section","heading":"Communication by notices and plans","content":"### sec.178 Communication by notices and plans\n\nThe underground mine manager for an underground mine must ensure the mine has noticeboards for displaying safety and health notices and plans—\nat the surface of the mine where coal mine workers assemble before going underground; and\nin each underground crib room.\nThe underground mine manager must ensure the safety and health notices mentioned in subsection (3) are displayed at—\neach place mentioned in subsection (1) ; and\neach place containing fixed electrical equipment other than the following—\ncables;\nswitchgear associated with portable equipment;\nisolated remote control switches;\nlighting;\ncommunications and signalling equipment.\nFor subsection (2) , the safety and health notices are notices about the following—\ndirections for resuscitating persons suffering from electric shock;\ndirections for the procedure in case of fire;\na direction prohibiting a person from handling, operating or interfering with electrical equipment at the place unless the person—\nis authorised to take the action; or\nis taking action to cut off the electricity supply in an emergency.\n(sec.178-ssec.1) The underground mine manager for an underground mine must ensure the mine has noticeboards for displaying safety and health notices and plans— at the surface of the mine where coal mine workers assemble before going underground; and in each underground crib room.\n(sec.178-ssec.2) The underground mine manager must ensure the safety and health notices mentioned in subsection (3) are displayed at— each place mentioned in subsection (1) ; and each place containing fixed electrical equipment other than the following— cables; switchgear associated with portable equipment; isolated remote control switches; lighting; communications and signalling equipment.\n(sec.178-ssec.3) For subsection (2) , the safety and health notices are notices about the following— directions for resuscitating persons suffering from electric shock; directions for the procedure in case of fire; a direction prohibiting a person from handling, operating or interfering with electrical equipment at the place unless the person— is authorised to take the action; or is taking action to cut off the electricity supply in an emergency.\n- (a) at the surface of the mine where coal mine workers assemble before going underground; and\n- (b) in each underground crib room.\n- (a) each place mentioned in subsection (1) ; and\n- (b) each place containing fixed electrical equipment other than the following— (i) cables; (ii) switchgear associated with portable equipment; (iii) isolated remote control switches; (iv) lighting; (v) communications and signalling equipment.\n- (i) cables;\n- (ii) switchgear associated with portable equipment;\n- (iii) isolated remote control switches;\n- (iv) lighting;\n- (v) communications and signalling equipment.\n- (i) cables;\n- (ii) switchgear associated with portable equipment;\n- (iii) isolated remote control switches;\n- (iv) lighting;\n- (v) communications and signalling equipment.\n- (a) directions for resuscitating persons suffering from electric shock;\n- (b) directions for the procedure in case of fire;\n- (c) a direction prohibiting a person from handling, operating or interfering with electrical equipment at the place unless the person— (i) is authorised to take the action; or (ii) is taking action to cut off the electricity supply in an emergency.\n- (i) is authorised to take the action; or\n- (ii) is taking action to cut off the electricity supply in an emergency.\n- (i) is authorised to take the action; or\n- (ii) is taking action to cut off the electricity supply in an emergency.","sortOrder":324},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Electrical equipment and installations","content":"# Electrical equipment and installations","sortOrder":325},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":326},{"sectionNumber":"sec.179","sectionType":"section","heading":"Safety and health management system","content":"### sec.179 Safety and health management system\n\nAn underground mine’s safety and health management system must provide for the following—\nthe safe and secure location of the mine’s electrical equipment and installations;\nthe design and operation of liquid-filled electrical equipment.\n- (a) the safe and secure location of the mine’s electrical equipment and installations;\n- (b) the design and operation of liquid-filled electrical equipment.","sortOrder":327},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Suitability of electrical equipment and installations","content":"## Suitability of electrical equipment and installations","sortOrder":328},{"sectionNumber":"sec.180","sectionType":"section","heading":"Application of division","content":"### sec.180 Application of division\n\nThis division does not apply to electrical equipment and installations that are being used at an underground mine in a life-threatening emergency.","sortOrder":329},{"sectionNumber":"sec.181","sectionType":"section","heading":"ERZ0","content":"### sec.181 ERZ0\n\nThe site senior executive for an underground mine must ensure electrical equipment installed or operated in an ERZ0 at the mine—\nis suitable for use in an underground mine; and\nis certified as having explosion protection category Ex ia, Ex s or Ex l.\nSubsection (1) (b) does not apply to electrical cables that are part of an Ex ia, Ex s or Ex 1 circuit.\nAlso, subsection (1) (b) does not apply in relation to electrical equipment operated in a mine, or part of a mine, that is an ERZ0 if—\nthe mine, or part of the mine, has been sealed and does not have an explosive atmosphere; and\nthe equipment is operated for the purpose of assessing the risk of—\npersons re-entering the mine or part of the mine; or\nventilating the mine or part of the mine; and\na risk assessment is carried out before the equipment is operated in the mine, or part of the mine, to—\nidentify the oxygen nose point for the atmosphere in the mine or part of the mine; and\nidentify hazards involved in operating the equipment in the mine or part of the mine; and\nidentify ways of effectively controlling the hazards; and\nthe atmosphere around the equipment is continuously monitored using a gas monitoring device to detect the general body concentration of oxygen and methane; and\nboth of the following actions are taken if the general body concentration of oxygen around the equipment exceeds 60% of the oxygen nose point identified in the risk assessment—\nthe electrical supply to the equipment is immediately switched off;\nthe equipment is immediately withdrawn to a safe location; and\nany hazards identified in the risk assessment can be effectively controlled; and\nany ways identified in the risk assessment of effectively controlling the hazards are implemented.\nThe gas monitoring device mentioned in subsection (3) (d) must automatically activate an audible or visible alarm when the general body concentration of oxygen exceeds 60% of the oxygen nose point identified in the risk assessment.\ns 181 amd 2019 SL No. 232 s 3\n(sec.181-ssec.1) The site senior executive for an underground mine must ensure electrical equipment installed or operated in an ERZ0 at the mine— is suitable for use in an underground mine; and is certified as having explosion protection category Ex ia, Ex s or Ex l.\n(sec.181-ssec.2) Subsection (1) (b) does not apply to electrical cables that are part of an Ex ia, Ex s or Ex 1 circuit.\n(sec.181-ssec.3) Also, subsection (1) (b) does not apply in relation to electrical equipment operated in a mine, or part of a mine, that is an ERZ0 if— the mine, or part of the mine, has been sealed and does not have an explosive atmosphere; and the equipment is operated for the purpose of assessing the risk of— persons re-entering the mine or part of the mine; or ventilating the mine or part of the mine; and a risk assessment is carried out before the equipment is operated in the mine, or part of the mine, to— identify the oxygen nose point for the atmosphere in the mine or part of the mine; and identify hazards involved in operating the equipment in the mine or part of the mine; and identify ways of effectively controlling the hazards; and the atmosphere around the equipment is continuously monitored using a gas monitoring device to detect the general body concentration of oxygen and methane; and both of the following actions are taken if the general body concentration of oxygen around the equipment exceeds 60% of the oxygen nose point identified in the risk assessment— the electrical supply to the equipment is immediately switched off; the equipment is immediately withdrawn to a safe location; and any hazards identified in the risk assessment can be effectively controlled; and any ways identified in the risk assessment of effectively controlling the hazards are implemented.\n(sec.181-ssec.4) The gas monitoring device mentioned in subsection (3) (d) must automatically activate an audible or visible alarm when the general body concentration of oxygen exceeds 60% of the oxygen nose point identified in the risk assessment.\n- (a) is suitable for use in an underground mine; and\n- (b) is certified as having explosion protection category Ex ia, Ex s or Ex l.\n- (a) the mine, or part of the mine, has been sealed and does not have an explosive atmosphere; and\n- (b) the equipment is operated for the purpose of assessing the risk of— (i) persons re-entering the mine or part of the mine; or (ii) ventilating the mine or part of the mine; and\n- (i) persons re-entering the mine or part of the mine; or\n- (ii) ventilating the mine or part of the mine; and\n- (c) a risk assessment is carried out before the equipment is operated in the mine, or part of the mine, to— (i) identify the oxygen nose point for the atmosphere in the mine or part of the mine; and (ii) identify hazards involved in operating the equipment in the mine or part of the mine; and (iii) identify ways of effectively controlling the hazards; and\n- (i) identify the oxygen nose point for the atmosphere in the mine or part of the mine; and\n- (ii) identify hazards involved in operating the equipment in the mine or part of the mine; and\n- (iii) identify ways of effectively controlling the hazards; and\n- (d) the atmosphere around the equipment is continuously monitored using a gas monitoring device to detect the general body concentration of oxygen and methane; and\n- (e) both of the following actions are taken if the general body concentration of oxygen around the equipment exceeds 60% of the oxygen nose point identified in the risk assessment— (i) the electrical supply to the equipment is immediately switched off; (ii) the equipment is immediately withdrawn to a safe location; and\n- (i) the electrical supply to the equipment is immediately switched off;\n- (ii) the equipment is immediately withdrawn to a safe location; and\n- (f) any hazards identified in the risk assessment can be effectively controlled; and\n- (g) any ways identified in the risk assessment of effectively controlling the hazards are implemented.\n- (i) persons re-entering the mine or part of the mine; or\n- (ii) ventilating the mine or part of the mine; and\n- (i) identify the oxygen nose point for the atmosphere in the mine or part of the mine; and\n- (ii) identify hazards involved in operating the equipment in the mine or part of the mine; and\n- (iii) identify ways of effectively controlling the hazards; and\n- (i) the electrical supply to the equipment is immediately switched off;\n- (ii) the equipment is immediately withdrawn to a safe location; and","sortOrder":330},{"sectionNumber":"sec.182","sectionType":"section","heading":"ERZ1","content":"### sec.182 ERZ1\n\nThe site senior executive for an underground mine must ensure fixed, mobile and transportable electrical equipment installed or operated in an ERZ1 at the mine—\nis suitable for use in an underground mine; and\nis certified as having explosion protection.\nSubsection (1) does not apply to electrical equipment associated with hot work or live testing.\nSubsection (1) (b) does not apply to a power transformer, traction battery or electrical cable.\n(sec.182-ssec.1) The site senior executive for an underground mine must ensure fixed, mobile and transportable electrical equipment installed or operated in an ERZ1 at the mine— is suitable for use in an underground mine; and is certified as having explosion protection.\n(sec.182-ssec.2) Subsection (1) does not apply to electrical equipment associated with hot work or live testing.\n(sec.182-ssec.3) Subsection (1) (b) does not apply to a power transformer, traction battery or electrical cable.\n- (a) is suitable for use in an underground mine; and\n- (b) is certified as having explosion protection.","sortOrder":331},{"sectionNumber":"sec.183","sectionType":"section","heading":"NERZ","content":"### sec.183 NERZ\n\nThe site senior executive for an underground mine must ensure fixed, mobile and transportable electrical equipment installed or operated in a NERZ at the mine—\nis suitable for use in an underground mine; and\neither—\nis certified as having explosion protection; or\nhas a degree of protection of, or equivalent to, at least IP55 under AS 60529—2004.\nSubsection (1) does not apply to electrical equipment—\nassociated with hot work or live testing; or\ninstalled in a pressurised room.\nSubsection (1) (b) does not apply to electrical cables.\nIn this section—\npressurised means pressurised within the meaning of AS 2380.4—1994 ‘Electrical equipment for explosive atmospheres—Explosion protection techniques—Pressurized rooms or pressurized enclosures’.\n(sec.183-ssec.1) The site senior executive for an underground mine must ensure fixed, mobile and transportable electrical equipment installed or operated in a NERZ at the mine— is suitable for use in an underground mine; and either— is certified as having explosion protection; or has a degree of protection of, or equivalent to, at least IP55 under AS 60529—2004.\n(sec.183-ssec.2) Subsection (1) does not apply to electrical equipment— associated with hot work or live testing; or installed in a pressurised room.\n(sec.183-ssec.2A) Subsection (1) (b) does not apply to electrical cables.\n(sec.183-ssec.3) In this section— pressurised means pressurised within the meaning of AS 2380.4—1994 ‘Electrical equipment for explosive atmospheres—Explosion protection techniques—Pressurized rooms or pressurized enclosures’.\n- (a) is suitable for use in an underground mine; and\n- (b) either— (i) is certified as having explosion protection; or (ii) has a degree of protection of, or equivalent to, at least IP55 under AS 60529—2004.\n- (i) is certified as having explosion protection; or\n- (ii) has a degree of protection of, or equivalent to, at least IP55 under AS 60529—2004.\n- (i) is certified as having explosion protection; or\n- (ii) has a degree of protection of, or equivalent to, at least IP55 under AS 60529—2004.\n- (a) associated with hot work or live testing; or\n- (b) installed in a pressurised room.","sortOrder":332},{"sectionNumber":"sec.184","sectionType":"section","heading":"Enclosures for switchgear","content":"### sec.184 Enclosures for switchgear\n\nThe site senior executive for an underground mine must ensure each enclosure containing switchgear at the mine—\nis suitably rated for the prospective electrical fault level at the switchgear; and\nhas adequate arc fault control.\n- (a) is suitably rated for the prospective electrical fault level at the switchgear; and\n- (b) has adequate arc fault control.","sortOrder":333},{"sectionNumber":"sec.185","sectionType":"section","heading":"Record of suitability of electrical equipment and installations","content":"### sec.185 Record of suitability of electrical equipment and installations\n\nThe electrical engineering manager for an underground mine must ensure documentation showing the use for which the mine’s electrical equipment and installations is suitable is kept at the mine.\nFor electrical equipment mentioned in section 181 , 182 or 183 , the documentation must include the certification mentioned in the section.\n(sec.185-ssec.1) The electrical engineering manager for an underground mine must ensure documentation showing the use for which the mine’s electrical equipment and installations is suitable is kept at the mine.\n(sec.185-ssec.2) For electrical equipment mentioned in section 181 , 182 or 183 , the documentation must include the certification mentioned in the section.","sortOrder":334},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"Live testing of electrical equipment and installations","content":"## Live testing of electrical equipment and installations","sortOrder":335},{"sectionNumber":"sec.186","sectionType":"section","heading":"Live testing in an ERZ","content":"### sec.186 Live testing in an ERZ\n\nA person must not live test electrical equipment or installations, including intrinsically safe electrical equipment and installations, in an ERZ0 at an underground mine.\nAn underground mine’s safety and health management system must provide for—\nlive testing electrical equipment and installations in an ERZ1; and\nlimiting the live testing to extra low voltage and low voltage; and\nnotice of the live testing, other than testing of intrinsically safe electrical equipment and installations, to be given to an inspector within 7 days after the live testing is carried out.\n(sec.186-ssec.1) A person must not live test electrical equipment or installations, including intrinsically safe electrical equipment and installations, in an ERZ0 at an underground mine.\n(sec.186-ssec.2) An underground mine’s safety and health management system must provide for— live testing electrical equipment and installations in an ERZ1; and limiting the live testing to extra low voltage and low voltage; and notice of the live testing, other than testing of intrinsically safe electrical equipment and installations, to be given to an inspector within 7 days after the live testing is carried out.\n- (a) live testing electrical equipment and installations in an ERZ1; and\n- (b) limiting the live testing to extra low voltage and low voltage; and\n- (c) notice of the live testing, other than testing of intrinsically safe electrical equipment and installations, to be given to an inspector within 7 days after the live testing is carried out.","sortOrder":336},{"sectionNumber":"sec.187","sectionType":"section","heading":"Live testing in a NERZ","content":"### sec.187 Live testing in a NERZ\n\nAn underground mine must have a standard operating procedure for live testing electrical equipment and installations in a NERZ.\nThe procedure must provide for the following—\nlimiting live testing to extra low voltage and low voltage electrical equipment and installations;\nisolating areas where equipment is being live tested;\nthe type of test instruments to be used;\nusing high voltage test equipment and discharging stored energy after testing;\nusing personal protective equipment;\ndealing with high prospective fault currents.\n(sec.187-ssec.1) An underground mine must have a standard operating procedure for live testing electrical equipment and installations in a NERZ.\n(sec.187-ssec.2) The procedure must provide for the following— limiting live testing to extra low voltage and low voltage electrical equipment and installations; isolating areas where equipment is being live tested; the type of test instruments to be used; using high voltage test equipment and discharging stored energy after testing; using personal protective equipment; dealing with high prospective fault currents.\n- (a) limiting live testing to extra low voltage and low voltage electrical equipment and installations;\n- (b) isolating areas where equipment is being live tested;\n- (c) the type of test instruments to be used;\n- (d) using high voltage test equipment and discharging stored energy after testing;\n- (e) using personal protective equipment;\n- (f) dealing with high prospective fault currents.","sortOrder":337},{"sectionNumber":"ch.4-pt.5-div.4","sectionType":"division","heading":"Electrical cables and accessories","content":"## Electrical cables and accessories","sortOrder":338},{"sectionNumber":"sec.188","sectionType":"section","heading":"Selecting, installing and using electrical cables and accessories","content":"### sec.188 Selecting, installing and using electrical cables and accessories\n\nAn underground mine’s safety and health management system must provide for selecting, installing and using electrical cables and electrical cable accessories for use at the mine.","sortOrder":339},{"sectionNumber":"sec.189","sectionType":"section","heading":"Repairing and testing reeling, trailing and feeder cables","content":"### sec.189 Repairing and testing reeling, trailing and feeder cables\n\nAn underground mine’s safety and health management system must provide for repairing and testing reeling, trailing and feeder cables.\nA person must not use a reeling, trailing or feeder cable at an underground mine if the cable—\nhas been found to be defective; and\nhas not been effectively repaired and tested under the system.\nSubsection (2) does not apply if—\nonly the outer sheath of the cable is damaged; and\nbefore the cable is used, the sheath is repaired in a way that satisfies a competent person that the cable can be used without creating an unacceptable level of risk.\nIn this section—\ncompetent person means a person who is competent in assessing the level of risk from a damaged cable.\n(sec.189-ssec.1) An underground mine’s safety and health management system must provide for repairing and testing reeling, trailing and feeder cables.\n(sec.189-ssec.2) A person must not use a reeling, trailing or feeder cable at an underground mine if the cable— has been found to be defective; and has not been effectively repaired and tested under the system.\n(sec.189-ssec.3) Subsection (2) does not apply if— only the outer sheath of the cable is damaged; and before the cable is used, the sheath is repaired in a way that satisfies a competent person that the cable can be used without creating an unacceptable level of risk.\n(sec.189-ssec.4) In this section— competent person means a person who is competent in assessing the level of risk from a damaged cable.\n- (a) has been found to be defective; and\n- (b) has not been effectively repaired and tested under the system.\n- (a) only the outer sheath of the cable is damaged; and\n- (b) before the cable is used, the sheath is repaired in a way that satisfies a competent person that the cable can be used without creating an unacceptable level of risk.","sortOrder":340},{"sectionNumber":"ch.4-pt.5-div.5","sectionType":"division","heading":"Electrical control systems","content":"## Electrical control systems","sortOrder":341},{"sectionNumber":"sec.190","sectionType":"section","heading":"Circuit separation","content":"### sec.190 Circuit separation\n\nThe electrical engineering manager for an underground mine must ensure each electrical circuit supplying the mine’s underground electrical distribution system, ventilation system or winding or haulage system is designed so an electrical fault on 1 circuit will not affect another circuit.","sortOrder":342},{"sectionNumber":"sec.191","sectionType":"section","heading":"Earth fault current limitation","content":"### sec.191 Earth fault current limitation\n\nThe electrical engineering manager for an underground mine must ensure each electrical circuit at the mine has an earth fault current limitation of not more than—\nfor a circuit supplying equipment and cables in an ERZ1 at the mine—5A; or\nfor a high voltage circuit not mentioned in paragraph (a) —10A; or\nfor a low voltage circuit not mentioned in paragraph (a) —5A.\nSubsection (1) does not apply to the following—\nan intrinsically safe circuit;\na circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure;\na circuit isolated from earth.\nThe electrical engineering manager must ensure—\nthe neutral point of a transformer secondary winding for an impedance earthed electrical system at the mine is distributed to only the neutral earthing impedance; and\neach part of an impedance earthed, or insulated neutral, electrical system at the mine has a phase-to-earth insulation level equivalent to the phase-to-phase insulation level for the electrical system.\n(sec.191-ssec.1) The electrical engineering manager for an underground mine must ensure each electrical circuit at the mine has an earth fault current limitation of not more than— for a circuit supplying equipment and cables in an ERZ1 at the mine—5A; or for a high voltage circuit not mentioned in paragraph (a) —10A; or for a low voltage circuit not mentioned in paragraph (a) —5A.\n(sec.191-ssec.2) Subsection (1) does not apply to the following— an intrinsically safe circuit; a circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure; a circuit isolated from earth.\n(sec.191-ssec.3) The electrical engineering manager must ensure— the neutral point of a transformer secondary winding for an impedance earthed electrical system at the mine is distributed to only the neutral earthing impedance; and each part of an impedance earthed, or insulated neutral, electrical system at the mine has a phase-to-earth insulation level equivalent to the phase-to-phase insulation level for the electrical system.\n- (a) for a circuit supplying equipment and cables in an ERZ1 at the mine—5A; or\n- (b) for a high voltage circuit not mentioned in paragraph (a) —10A; or\n- (c) for a low voltage circuit not mentioned in paragraph (a) —5A.\n- (a) an intrinsically safe circuit;\n- (b) a circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure;\n- (c) a circuit isolated from earth.\n- (a) the neutral point of a transformer secondary winding for an impedance earthed electrical system at the mine is distributed to only the neutral earthing impedance; and\n- (b) each part of an impedance earthed, or insulated neutral, electrical system at the mine has a phase-to-earth insulation level equivalent to the phase-to-phase insulation level for the electrical system.","sortOrder":343},{"sectionNumber":"sec.192","sectionType":"section","heading":"Earth leakage protection","content":"### sec.192 Earth leakage protection\n\nThe electrical engineering manager for an underground mine must ensure each electrical circuit at the mine operating above 55V to earth has earth leakage protection with a rated tripping current of not more than—\nfor a circuit supplying equipment and cables in an ERZ1—500mA; or\nfor a high voltage circuit not mentioned in paragraph (a) —1A; or\nfor a low voltage circuit not mentioned in paragraph (a) —500mA.\nThe electrical engineering manager must ensure the operating time ensures the device cuts off the electricity supply to equipment and cables in an ERZ1, or causes the supply to be cut off, as soon as practicable after the device detects an electrical fault in the circuit.\nThe electrical engineering manager must ensure each circuit supplying portable electrically operated handheld plant—\noperates at not more than 250V; and\nhas earth leakage current protection of not more than 30mA sensitivity.\nThe site senior executive for the mine must ensure—\neach circuit supplying a reeling, trailing or feeder cable has—\nearth continuity protection; and\na lockout earth fault current protection device; and\nif the device is for equipment used in an ERZ1—the device is intrinsically safe.\nSubsection (1) does not apply to the following—\nan intrinsically safe circuit;\na circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure;\na circuit isolated from earth.\nIn this section—\nrated tripping current means the electrical current at which the circuit breaker is set to trip.\n(sec.192-ssec.1) The electrical engineering manager for an underground mine must ensure each electrical circuit at the mine operating above 55V to earth has earth leakage protection with a rated tripping current of not more than— for a circuit supplying equipment and cables in an ERZ1—500mA; or for a high voltage circuit not mentioned in paragraph (a) —1A; or for a low voltage circuit not mentioned in paragraph (a) —500mA.\n(sec.192-ssec.2) The electrical engineering manager must ensure the operating time ensures the device cuts off the electricity supply to equipment and cables in an ERZ1, or causes the supply to be cut off, as soon as practicable after the device detects an electrical fault in the circuit.\n(sec.192-ssec.3) The electrical engineering manager must ensure each circuit supplying portable electrically operated handheld plant— operates at not more than 250V; and has earth leakage current protection of not more than 30mA sensitivity.\n(sec.192-ssec.4) The site senior executive for the mine must ensure— each circuit supplying a reeling, trailing or feeder cable has— earth continuity protection; and a lockout earth fault current protection device; and if the device is for equipment used in an ERZ1—the device is intrinsically safe.\n(sec.192-ssec.5) Subsection (1) does not apply to the following— an intrinsically safe circuit; a circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure; a circuit isolated from earth.\n(sec.192-ssec.6) In this section— rated tripping current means the electrical current at which the circuit breaker is set to trip.\n- (a) for a circuit supplying equipment and cables in an ERZ1—500mA; or\n- (b) for a high voltage circuit not mentioned in paragraph (a) —1A; or\n- (c) for a low voltage circuit not mentioned in paragraph (a) —500mA.\n- (a) operates at not more than 250V; and\n- (b) has earth leakage current protection of not more than 30mA sensitivity.\n- (a) each circuit supplying a reeling, trailing or feeder cable has— (i) earth continuity protection; and (ii) a lockout earth fault current protection device; and\n- (i) earth continuity protection; and\n- (ii) a lockout earth fault current protection device; and\n- (b) if the device is for equipment used in an ERZ1—the device is intrinsically safe.\n- (i) earth continuity protection; and\n- (ii) a lockout earth fault current protection device; and\n- (a) an intrinsically safe circuit;\n- (b) a circuit operating at not more than 55V to earth and fully contained in a NERZ or an explosion-protected enclosure;\n- (c) a circuit isolated from earth.","sortOrder":344},{"sectionNumber":"sec.193","sectionType":"section","heading":"Testing earth leakage protection and earth continuity protection","content":"### sec.193 Testing earth leakage protection and earth continuity protection\n\nThe electrical engineering manager for an underground mine must ensure electrical equipment at the mine having an earth leakage protection device, or an earth continuity protection device, has an easily accessible external test button on the equipment for effectively testing the device.","sortOrder":345},{"sectionNumber":"sec.194","sectionType":"section","heading":"Limitation on earthing conductor’s current","content":"### sec.194 Limitation on earthing conductor’s current\n\nThe electrical engineering manager for an underground mine must ensure an earthing conductor at the mine is not used to carry an electrical circuit’s normal current.\nSubsection (1) does not apply if the conductor is used for earth continuity protection and as a lockout earth fault current protection device.\n(sec.194-ssec.1) The electrical engineering manager for an underground mine must ensure an earthing conductor at the mine is not used to carry an electrical circuit’s normal current.\n(sec.194-ssec.2) Subsection (1) does not apply if the conductor is used for earth continuity protection and as a lockout earth fault current protection device.","sortOrder":346},{"sectionNumber":"sec.195","sectionType":"section","heading":"Earthing electrodes","content":"### sec.195 Earthing electrodes\n\nThe electrical engineering manager for an underground mine must ensure earthing electrodes installed for the underground electrical distribution system’s connection to earth are located at the surface of the mine.\nIf the mine has more than 1 electrical distribution system, the mine’s safety and health management system must provide for the prospective touch voltage at the mine to be limited to a level necessary to achieve an acceptable level of risk.\nThe electrical engineering manager must ensure the ohmic resistance of an earthing electrode assembly for the underground electrical distribution system is kept as low as practicable and does not exceed 1 ohm.\n(sec.195-ssec.1) The electrical engineering manager for an underground mine must ensure earthing electrodes installed for the underground electrical distribution system’s connection to earth are located at the surface of the mine.\n(sec.195-ssec.2) If the mine has more than 1 electrical distribution system, the mine’s safety and health management system must provide for the prospective touch voltage at the mine to be limited to a level necessary to achieve an acceptable level of risk.\n(sec.195-ssec.3) The electrical engineering manager must ensure the ohmic resistance of an earthing electrode assembly for the underground electrical distribution system is kept as low as practicable and does not exceed 1 ohm.","sortOrder":347},{"sectionNumber":"ch.4-pt.5-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":348},{"sectionNumber":"sec.196","sectionType":"section","heading":"Battery charging stations","content":"### sec.196 Battery charging stations\n\nAn underground mine’s safety and health management system must provide for constructing, installing, operating and maintaining the mine’s battery charging stations.","sortOrder":349},{"sectionNumber":"sec.197","sectionType":"section","heading":"Battery-powered vehicles","content":"### sec.197 Battery-powered vehicles\n\nAn underground mine’s safety and health management system must provide for selecting, constructing, installing and maintaining battery-powered vehicles used at the mine.\nThe site senior executive for the mine must ensure a non-explosion-protected battery-powered vehicle is used—\nonly in a NERZ; and\nonly if the vehicle’s access into an ERZ0 or ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.\n(sec.197-ssec.1) An underground mine’s safety and health management system must provide for selecting, constructing, installing and maintaining battery-powered vehicles used at the mine.\n(sec.197-ssec.2) The site senior executive for the mine must ensure a non-explosion-protected battery-powered vehicle is used— only in a NERZ; and only if the vehicle’s access into an ERZ0 or ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.\n- (a) only in a NERZ; and\n- (b) only if the vehicle’s access into an ERZ0 or ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.","sortOrder":350},{"sectionNumber":"sec.198","sectionType":"section","heading":"Traction battery powered vehicles","content":"### sec.198 Traction battery powered vehicles\n\nThe site senior executive for an underground mine must ensure—\na vehicle powered by a traction battery and used at the mine is fitted with a detector for, and protection from, battery earth leakage current; and\nthe traction battery is adequately ventilated to prevent accumulations of explosive mixtures of hydrogen and air forming in the battery’s immediate vicinity.\n- (a) a vehicle powered by a traction battery and used at the mine is fitted with a detector for, and protection from, battery earth leakage current; and\n- (b) the traction battery is adequately ventilated to prevent accumulations of explosive mixtures of hydrogen and air forming in the battery’s immediate vicinity.","sortOrder":351},{"sectionNumber":"sec.199","sectionType":"section","heading":"Trolley wire traction systems","content":"### sec.199 Trolley wire traction systems\n\nThe underground mine manager for an underground mine must ensure a trolley wire traction system is only operated in a NERZ at the mine.","sortOrder":352},{"sectionNumber":"sec.200","sectionType":"section","heading":"Switching and isolating electricity supply","content":"### sec.200 Switching and isolating electricity supply\n\nThe underground mine manager for an underground mine must ensure the mine has, at each place where persons enter underground from the surface—\na suitable communication method for advising a person to switch off the electricity supply to underground electrical equipment and cables; or\na way to switch off the electricity supply.\nThe electrical engineering manager must ensure a notice giving instructions for subsection (1) (a) and (b) is placed on the noticeboard—\nat the surface of the mine where coal mine workers assemble before going underground; and\nin each underground crib room.\n(sec.200-ssec.1) The underground mine manager for an underground mine must ensure the mine has, at each place where persons enter underground from the surface— a suitable communication method for advising a person to switch off the electricity supply to underground electrical equipment and cables; or a way to switch off the electricity supply.\n(sec.200-ssec.2) The electrical engineering manager must ensure a notice giving instructions for subsection (1) (a) and (b) is placed on the noticeboard— at the surface of the mine where coal mine workers assemble before going underground; and in each underground crib room.\n- (a) a suitable communication method for advising a person to switch off the electricity supply to underground electrical equipment and cables; or\n- (b) a way to switch off the electricity supply.\n- (a) at the surface of the mine where coal mine workers assemble before going underground; and\n- (b) in each underground crib room.","sortOrder":353},{"sectionNumber":"sec.201","sectionType":"section","heading":"Using fibre optics","content":"### sec.201 Using fibre optics\n\nAn underground mine’s safety and health management system must provide for the safe use of fibre optic equipment at the mine.","sortOrder":354},{"sectionNumber":"sec.202","sectionType":"section","heading":"Using portable electrical equipment","content":"### sec.202 Using portable electrical equipment\n\nAn underground mine’s safety and health management system must provide for using certified and uncertified portable electrical equipment, other than portable gas detectors, in an ERZ1.\nThe mine must have a standard operating procedure for using certified and uncertified portable electrical equipment, other than portable gas detectors, in a NERZ.\n(sec.202-ssec.1) An underground mine’s safety and health management system must provide for using certified and uncertified portable electrical equipment, other than portable gas detectors, in an ERZ1.\n(sec.202-ssec.2) The mine must have a standard operating procedure for using certified and uncertified portable electrical equipment, other than portable gas detectors, in a NERZ.","sortOrder":355},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Explosives and explosive-powered tools","content":"# Explosives and explosive-powered tools","sortOrder":356},{"sectionNumber":"ch.4-pt.6-div.1","sectionType":"division","heading":"Explosives","content":"## Explosives","sortOrder":357},{"sectionNumber":"sec.203","sectionType":"section","heading":"Risk assessment","content":"### sec.203 Risk assessment\n\nBefore explosives are first used at the mine, the site senior executive must ensure a risk assessment is carried out to identify—\nthe hazards involved in transporting, storing and using explosives; and\nthe ways of effectively controlling the hazards.\n- (a) the hazards involved in transporting, storing and using explosives; and\n- (b) the ways of effectively controlling the hazards.","sortOrder":358},{"sectionNumber":"sec.204","sectionType":"section","heading":"Authorised explosives","content":"### sec.204 Authorised explosives\n\nThe site senior executive for an underground mine must ensure explosives used at the mine are authorised by the chief inspector for the Explosives Act 1999 as suitable for use in an underground mine.","sortOrder":359},{"sectionNumber":"sec.205","sectionType":"section","heading":"Transporting and storing explosives underground","content":"### sec.205 Transporting and storing explosives underground\n\nThe underground mine manager must ensure explosives are not transported, or stored, underground unless the explosives are enclosed in a container complying with this section.\nThe container must be—\nconspicuously labelled with the word ‘EXPLOSIVES’ printed in red on a white background; and\ndesigned and constructed—\nto minimise damage from impact; and\nto prevent the following—\nfriction sparks;\nthe build-up and retention of static electricity;\nthe explosives spilling; and\nfor containers for detonators or detonator sensitive explosives—lined with timber or other shock absorbing material; and\nlocked; and\nused only for transporting or storing explosives underground.\nThe container must not contain more than 1 type of explosive.\nHowever, subsection (3) does not apply to a container—\nin which prepared primers are transported during the construction of a shaft or drift driven from the surface; and\nused by a person who is competent in handling explosives for carrying the explosives to the place where the explosives will be charged and fired.\n(sec.205-ssec.1) The underground mine manager must ensure explosives are not transported, or stored, underground unless the explosives are enclosed in a container complying with this section.\n(sec.205-ssec.2) The container must be— conspicuously labelled with the word ‘EXPLOSIVES’ printed in red on a white background; and designed and constructed— to minimise damage from impact; and to prevent the following— friction sparks; the build-up and retention of static electricity; the explosives spilling; and for containers for detonators or detonator sensitive explosives—lined with timber or other shock absorbing material; and locked; and used only for transporting or storing explosives underground.\n(sec.205-ssec.3) The container must not contain more than 1 type of explosive.\n(sec.205-ssec.4) However, subsection (3) does not apply to a container— in which prepared primers are transported during the construction of a shaft or drift driven from the surface; and used by a person who is competent in handling explosives for carrying the explosives to the place where the explosives will be charged and fired.\n- (a) conspicuously labelled with the word ‘EXPLOSIVES’ printed in red on a white background; and\n- (b) designed and constructed— (i) to minimise damage from impact; and (ii) to prevent the following— (A) friction sparks; (B) the build-up and retention of static electricity; (C) the explosives spilling; and\n- (i) to minimise damage from impact; and\n- (ii) to prevent the following— (A) friction sparks; (B) the build-up and retention of static electricity; (C) the explosives spilling; and\n- (A) friction sparks;\n- (B) the build-up and retention of static electricity;\n- (C) the explosives spilling; and\n- (c) for containers for detonators or detonator sensitive explosives—lined with timber or other shock absorbing material; and\n- (d) locked; and\n- (e) used only for transporting or storing explosives underground.\n- (i) to minimise damage from impact; and\n- (ii) to prevent the following— (A) friction sparks; (B) the build-up and retention of static electricity; (C) the explosives spilling; and\n- (A) friction sparks;\n- (B) the build-up and retention of static electricity;\n- (C) the explosives spilling; and\n- (A) friction sparks;\n- (B) the build-up and retention of static electricity;\n- (C) the explosives spilling; and\n- (a) in which prepared primers are transported during the construction of a shaft or drift driven from the surface; and\n- (b) used by a person who is competent in handling explosives for carrying the explosives to the place where the explosives will be charged and fired.","sortOrder":360},{"sectionNumber":"sec.206","sectionType":"section","heading":"Temporarily storing explosives underground","content":"### sec.206 Temporarily storing explosives underground\n\nThe underground mine manager for an underground mine must ensure explosives in a quantity appropriate for a particular job at the mine are stored in an underground explosive storage under this section only while the job is in progress.\nThe underground explosive storage must—\nbe—\nin a NERZ; and\nin a location that minimises the risk of the explosives suffering an impact or being buried or burnt; and\nfree of rubbish, particularly rubbish of a flammable nature; and\nclearly marked by a flashing red light, or other warning device, as an underground explosive storage; and\nhave fire fighting facilities situated on the intake air side close to the storage.\nMaterial other than explosives and explosive containers must not be stored in the storage.\nA container of detonators must be stored separately, by at least 10m, from a container of other explosive in the storage.\nThe underground mine manager must keep a record of the number and location of underground explosive storages at the mine.\nThe underground mine manager must ensure that when the job is finished, or if the job is delayed for more than 48 hours, all unused explosives for the job are returned immediately and stored in surface magazines.\n(sec.206-ssec.1) The underground mine manager for an underground mine must ensure explosives in a quantity appropriate for a particular job at the mine are stored in an underground explosive storage under this section only while the job is in progress.\n(sec.206-ssec.2) The underground explosive storage must— be— in a NERZ; and in a location that minimises the risk of the explosives suffering an impact or being buried or burnt; and free of rubbish, particularly rubbish of a flammable nature; and clearly marked by a flashing red light, or other warning device, as an underground explosive storage; and have fire fighting facilities situated on the intake air side close to the storage.\n(sec.206-ssec.3) Material other than explosives and explosive containers must not be stored in the storage.\n(sec.206-ssec.4) A container of detonators must be stored separately, by at least 10m, from a container of other explosive in the storage.\n(sec.206-ssec.5) The underground mine manager must keep a record of the number and location of underground explosive storages at the mine.\n(sec.206-ssec.6) The underground mine manager must ensure that when the job is finished, or if the job is delayed for more than 48 hours, all unused explosives for the job are returned immediately and stored in surface magazines.\n- (a) be— (i) in a NERZ; and (ii) in a location that minimises the risk of the explosives suffering an impact or being buried or burnt; and (iii) free of rubbish, particularly rubbish of a flammable nature; and (iv) clearly marked by a flashing red light, or other warning device, as an underground explosive storage; and\n- (i) in a NERZ; and\n- (ii) in a location that minimises the risk of the explosives suffering an impact or being buried or burnt; and\n- (iii) free of rubbish, particularly rubbish of a flammable nature; and\n- (iv) clearly marked by a flashing red light, or other warning device, as an underground explosive storage; and\n- (b) have fire fighting facilities situated on the intake air side close to the storage.\n- (i) in a NERZ; and\n- (ii) in a location that minimises the risk of the explosives suffering an impact or being buried or burnt; and\n- (iii) free of rubbish, particularly rubbish of a flammable nature; and\n- (iv) clearly marked by a flashing red light, or other warning device, as an underground explosive storage; and","sortOrder":361},{"sectionNumber":"sec.207","sectionType":"section","heading":"Reconciling issue and use of explosives","content":"### sec.207 Reconciling issue and use of explosives\n\nAn underground mine’s safety and health management system must provide for the following—\nroutinely reconciling explosives issued from surface magazines with explosives used or stored underground;\nimmediately reporting any discrepancies to the underground mine manager, police, and an inspector for the district in which the mine is located.\n- (a) routinely reconciling explosives issued from surface magazines with explosives used or stored underground;\n- (b) immediately reporting any discrepancies to the underground mine manager, police, and an inspector for the district in which the mine is located.","sortOrder":362},{"sectionNumber":"sec.208","sectionType":"section","heading":"Vehicles used to transport explosives","content":"### sec.208 Vehicles used to transport explosives\n\nThe site senior executive for an underground mine must ensure a vehicle used to transport explosives at the mine has appropriate facilities for the following—\nsecuring explosive containers to the vehicle;\nprotecting the explosive containers against impact.\n- (a) securing explosive containers to the vehicle;\n- (b) protecting the explosive containers against impact.","sortOrder":363},{"sectionNumber":"sec.209","sectionType":"section","heading":"Issuing, and dealing with, explosives","content":"### sec.209 Issuing, and dealing with, explosives\n\nA person must not issue explosives to a person at an underground mine unless the person to whom the explosives are issued—\nhas the underground mine manager’s authority to be issued with the explosives; and\neither—\nhas the recognised competencies of an underground shotfirer; or\nis working under the direction of an underground shotfirer and—\nhas the recognised competencies of an assistant underground shotfirer; or\nis undergoing training as an underground shotfirer or assistant underground shotfirer.\nA person must not deal with explosives at an underground mine unless the person—\nhas the underground mine manager’s authority to be issued with the explosives; and\neither—\nhas the recognised competencies of an underground shotfirer; or\nis working under the direction of an underground shotfirer and—\nhas the recognised competencies of an assistant underground shotfirer; or\nis undergoing training as an underground shotfirer or assistant underground shotfirer.\nAn assistant underground shotfirer must not connect or fire explosive charges.\nIn this section—\ndeal , with an explosive, means handle, prepare, charge or fire the explosive.\n(sec.209-ssec.1) A person must not issue explosives to a person at an underground mine unless the person to whom the explosives are issued— has the underground mine manager’s authority to be issued with the explosives; and either— has the recognised competencies of an underground shotfirer; or is working under the direction of an underground shotfirer and— has the recognised competencies of an assistant underground shotfirer; or is undergoing training as an underground shotfirer or assistant underground shotfirer.\n(sec.209-ssec.2) A person must not deal with explosives at an underground mine unless the person— has the underground mine manager’s authority to be issued with the explosives; and either— has the recognised competencies of an underground shotfirer; or is working under the direction of an underground shotfirer and— has the recognised competencies of an assistant underground shotfirer; or is undergoing training as an underground shotfirer or assistant underground shotfirer.\n(sec.209-ssec.3) An assistant underground shotfirer must not connect or fire explosive charges.\n(sec.209-ssec.4) In this section— deal , with an explosive, means handle, prepare, charge or fire the explosive.\n- (a) has the underground mine manager’s authority to be issued with the explosives; and\n- (b) either— (i) has the recognised competencies of an underground shotfirer; or (ii) is working under the direction of an underground shotfirer and— (A) has the recognised competencies of an assistant underground shotfirer; or (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (i) has the recognised competencies of an underground shotfirer; or\n- (ii) is working under the direction of an underground shotfirer and— (A) has the recognised competencies of an assistant underground shotfirer; or (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (A) has the recognised competencies of an assistant underground shotfirer; or\n- (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (i) has the recognised competencies of an underground shotfirer; or\n- (ii) is working under the direction of an underground shotfirer and— (A) has the recognised competencies of an assistant underground shotfirer; or (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (A) has the recognised competencies of an assistant underground shotfirer; or\n- (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (A) has the recognised competencies of an assistant underground shotfirer; or\n- (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (a) has the underground mine manager’s authority to be issued with the explosives; and\n- (b) either— (i) has the recognised competencies of an underground shotfirer; or (ii) is working under the direction of an underground shotfirer and— (A) has the recognised competencies of an assistant underground shotfirer; or (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (i) has the recognised competencies of an underground shotfirer; or\n- (ii) is working under the direction of an underground shotfirer and— (A) has the recognised competencies of an assistant underground shotfirer; or (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (A) has the recognised competencies of an assistant underground shotfirer; or\n- (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (i) has the recognised competencies of an underground shotfirer; or\n- (ii) is working under the direction of an underground shotfirer and— (A) has the recognised competencies of an assistant underground shotfirer; or (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (A) has the recognised competencies of an assistant underground shotfirer; or\n- (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.\n- (A) has the recognised competencies of an assistant underground shotfirer; or\n- (B) is undergoing training as an underground shotfirer or assistant underground shotfirer.","sortOrder":364},{"sectionNumber":"sec.210","sectionType":"section","heading":"Supervising and controlling shotfiring","content":"### sec.210 Supervising and controlling shotfiring\n\nThe underground mine manager for an underground mine must ensure coal mining operations where shotfiring activities are taking place are directly supervised and controlled by a person holding—\na first class certificate of competency; or\na second class certificate of competency; or\na deputy’s certificate of competency.\n- (a) a first class certificate of competency; or\n- (b) a second class certificate of competency; or\n- (c) a deputy’s certificate of competency.","sortOrder":365},{"sectionNumber":"sec.211","sectionType":"section","heading":"Supervising person undertaking shotfiring training","content":"### sec.211 Supervising person undertaking shotfiring training\n\nAn underground shotfirer must not, at any 1 time, supervise the activities of more than 1 person who is undertaking shotfiring training at an underground mine.","sortOrder":366},{"sectionNumber":"sec.212","sectionType":"section","heading":"Equipment for initiating explosions","content":"### sec.212 Equipment for initiating explosions\n\nThe underground mine manager for an underground mine must ensure—\nonly certified equipment is used to initiate an explosion at the mine; and\nthe equipment is kept under the control of an underground shotfirer.\n- (a) only certified equipment is used to initiate an explosion at the mine; and\n- (b) the equipment is kept under the control of an underground shotfirer.","sortOrder":367},{"sectionNumber":"sec.213","sectionType":"section","heading":"Where explosives for shotfiring may be used","content":"### sec.213 Where explosives for shotfiring may be used\n\nThe person directly supervising and controlling a shotfiring activity at an underground mine must ensure the place where the explosives are prepared, charged or fired has the following features—\na general body concentration of methane of less than 0.5%;\na ventilation current capable of quickly diluting and removing any atmospheric contaminants released by the shot;\nits exposed surfaces within a radius of 20m from the location of the shot are—\nthoroughly saturated with water; or\ntreated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\nSubsection (1) (c) does not apply to an excavation—\nin stone and in which—\nthe full length of the shothole is in stone; and\nno coal is exposed, or coal dust deposited, within a 20m radius of the shot location; or\nmore than 5m from the nearest known coal seam.\n(sec.213-ssec.1) The person directly supervising and controlling a shotfiring activity at an underground mine must ensure the place where the explosives are prepared, charged or fired has the following features— a general body concentration of methane of less than 0.5%; a ventilation current capable of quickly diluting and removing any atmospheric contaminants released by the shot; its exposed surfaces within a radius of 20m from the location of the shot are— thoroughly saturated with water; or treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\n(sec.213-ssec.2) Subsection (1) (c) does not apply to an excavation— in stone and in which— the full length of the shothole is in stone; and no coal is exposed, or coal dust deposited, within a 20m radius of the shot location; or more than 5m from the nearest known coal seam.\n- (a) a general body concentration of methane of less than 0.5%;\n- (b) a ventilation current capable of quickly diluting and removing any atmospheric contaminants released by the shot;\n- (c) its exposed surfaces within a radius of 20m from the location of the shot are— (i) thoroughly saturated with water; or (ii) treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\n- (i) thoroughly saturated with water; or\n- (ii) treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\n- (i) thoroughly saturated with water; or\n- (ii) treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\n- (a) in stone and in which— (i) the full length of the shothole is in stone; and (ii) no coal is exposed, or coal dust deposited, within a 20m radius of the shot location; or\n- (i) the full length of the shothole is in stone; and\n- (ii) no coal is exposed, or coal dust deposited, within a 20m radius of the shot location; or\n- (b) more than 5m from the nearest known coal seam.\n- (i) the full length of the shothole is in stone; and\n- (ii) no coal is exposed, or coal dust deposited, within a 20m radius of the shot location; or","sortOrder":368},{"sectionNumber":"sec.214","sectionType":"section","heading":"Action to be taken if a shot misfires","content":"### sec.214 Action to be taken if a shot misfires\n\nIf a shot misfires at an underground mine, the shotfirer must take the following action—\nbarricade each entrance to the place where the shot was fired;\nimmediately report the misfire to any person about to work at the location of the misfire;\nif possible, remedy the misfired shot;\nprevent any work, other than work required to remedy the misfired shot, from being carried out in the vicinity of the shot;\nat the end of the shift in which the misfire happened—\nprepare a written record of the location and details of the misfired shot and the action taken to remedy the shot; and\nensure a copy of the record is given to—\nthe person in charge of the shift in which the misfire happened; and\nat the start of the next shift—the person in charge of that shift.\n- (a) barricade each entrance to the place where the shot was fired;\n- (b) immediately report the misfire to any person about to work at the location of the misfire;\n- (c) if possible, remedy the misfired shot;\n- (d) prevent any work, other than work required to remedy the misfired shot, from being carried out in the vicinity of the shot;\n- (e) at the end of the shift in which the misfire happened— (i) prepare a written record of the location and details of the misfired shot and the action taken to remedy the shot; and (ii) ensure a copy of the record is given to— (A) the person in charge of the shift in which the misfire happened; and (B) at the start of the next shift—the person in charge of that shift.\n- (i) prepare a written record of the location and details of the misfired shot and the action taken to remedy the shot; and\n- (ii) ensure a copy of the record is given to— (A) the person in charge of the shift in which the misfire happened; and (B) at the start of the next shift—the person in charge of that shift.\n- (A) the person in charge of the shift in which the misfire happened; and\n- (B) at the start of the next shift—the person in charge of that shift.\n- (i) prepare a written record of the location and details of the misfired shot and the action taken to remedy the shot; and\n- (ii) ensure a copy of the record is given to— (A) the person in charge of the shift in which the misfire happened; and (B) at the start of the next shift—the person in charge of that shift.\n- (A) the person in charge of the shift in which the misfire happened; and\n- (B) at the start of the next shift—the person in charge of that shift.\n- (A) the person in charge of the shift in which the misfire happened; and\n- (B) at the start of the next shift—the person in charge of that shift.","sortOrder":369},{"sectionNumber":"sec.215","sectionType":"section","heading":"Isolating electrical circuits","content":"### sec.215 Isolating electrical circuits\n\nThis section applies to electrical equipment and circuits—\nother than electrical equipment and circuits used for handling, preparing, charging and firing an explosive; and\nlocated—\nat a place in an underground mine where an explosive for shotfiring is handled, prepared, charged or fired; or\nin the immediate proximity of an electric cable used to fire a charge.\nThe shotfirer must ensure the equipment and circuits are effectively isolated while the explosive is being handled, prepared, charged or fired.\n(sec.215-ssec.1) This section applies to electrical equipment and circuits— other than electrical equipment and circuits used for handling, preparing, charging and firing an explosive; and located— at a place in an underground mine where an explosive for shotfiring is handled, prepared, charged or fired; or in the immediate proximity of an electric cable used to fire a charge.\n(sec.215-ssec.2) The shotfirer must ensure the equipment and circuits are effectively isolated while the explosive is being handled, prepared, charged or fired.\n- (a) other than electrical equipment and circuits used for handling, preparing, charging and firing an explosive; and\n- (b) located— (i) at a place in an underground mine where an explosive for shotfiring is handled, prepared, charged or fired; or (ii) in the immediate proximity of an electric cable used to fire a charge.\n- (i) at a place in an underground mine where an explosive for shotfiring is handled, prepared, charged or fired; or\n- (ii) in the immediate proximity of an electric cable used to fire a charge.\n- (i) at a place in an underground mine where an explosive for shotfiring is handled, prepared, charged or fired; or\n- (ii) in the immediate proximity of an electric cable used to fire a charge.","sortOrder":370},{"sectionNumber":"sec.216","sectionType":"section","heading":"Isolating radio transmission devices","content":"### sec.216 Isolating radio transmission devices\n\nThis section applies to an underground mine where explosives are fired by an electric detonator.\nThe shotfirer must ensure each radio transmitting device installed at the mine is turned off while the explosives are being handled, prepared, charged and fired.\nSubsection (2) does not apply if the type, location, radio frequency and power output of the transmitting device will not cause the electric detonator to fire.\n(sec.216-ssec.1) This section applies to an underground mine where explosives are fired by an electric detonator.\n(sec.216-ssec.2) The shotfirer must ensure each radio transmitting device installed at the mine is turned off while the explosives are being handled, prepared, charged and fired.\n(sec.216-ssec.3) Subsection (2) does not apply if the type, location, radio frequency and power output of the transmitting device will not cause the electric detonator to fire.","sortOrder":371},{"sectionNumber":"sec.217","sectionType":"section","heading":"Limiting duration of the shot sequence","content":"### sec.217 Limiting duration of the shot sequence\n\nThis section applies if delay detonators are being used to fire a shot in an ERZ1.\nThe shotfirer must ensure the time from firing the first detonator to firing the last detonator does not exceed 250ms.\n(sec.217-ssec.1) This section applies if delay detonators are being used to fire a shot in an ERZ1.\n(sec.217-ssec.2) The shotfirer must ensure the time from firing the first detonator to firing the last detonator does not exceed 250ms.","sortOrder":372},{"sectionNumber":"ch.4-pt.6-div.2","sectionType":"division","heading":"Explosive-powered tools","content":"## Explosive-powered tools","sortOrder":373},{"sectionNumber":"sec.218","sectionType":"section","heading":"Issuing explosive-powered tools","content":"### sec.218 Issuing explosive-powered tools\n\nA person must not issue an explosive-powered tool, or a cartridge for an explosive-powered tool, to a person at an underground mine unless the person to whom the tool or cartridge is issued—\nhas the underground mine manager’s authority to be issued with the tool or cartridge; and\nis working under the direct supervision of—\nan ERZ controller for the mine; or\na person who holds a higher certificate of competency.\n- (a) has the underground mine manager’s authority to be issued with the tool or cartridge; and\n- (b) is working under the direct supervision of— (i) an ERZ controller for the mine; or (ii) a person who holds a higher certificate of competency.\n- (i) an ERZ controller for the mine; or\n- (ii) a person who holds a higher certificate of competency.\n- (i) an ERZ controller for the mine; or\n- (ii) a person who holds a higher certificate of competency.","sortOrder":374},{"sectionNumber":"sec.219","sectionType":"section","heading":"Charging or firing explosive-powered tools","content":"### sec.219 Charging or firing explosive-powered tools\n\nA person must not charge or fire an explosive-powered tool at an underground mine unless the person—\nhas the underground mine manager’s authority to be issued with the explosives; and\nis working under the direct supervision of—\nan ERZ controller for the mine; or\na person who holds a higher certificate of competency.\n- (a) has the underground mine manager’s authority to be issued with the explosives; and\n- (b) is working under the direct supervision of— (i) an ERZ controller for the mine; or (ii) a person who holds a higher certificate of competency.\n- (i) an ERZ controller for the mine; or\n- (ii) a person who holds a higher certificate of competency.\n- (i) an ERZ controller for the mine; or\n- (ii) a person who holds a higher certificate of competency.","sortOrder":375},{"sectionNumber":"sec.220","sectionType":"section","heading":"Where explosive-powered tools may be used","content":"### sec.220 Where explosive-powered tools may be used\n\nThe person directly supervising and controlling the use of an explosive-powered tool at an underground mine must ensure the place where the tool is used has the following features—\na general body concentration of methane of less than 0.5%;\nits exposed surfaces within a radius of 20m from where the tool was fired are—\nthoroughly saturated with water; or\ntreated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\n- (a) a general body concentration of methane of less than 0.5%;\n- (b) its exposed surfaces within a radius of 20m from where the tool was fired are— (i) thoroughly saturated with water; or (ii) treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\n- (i) thoroughly saturated with water; or\n- (ii) treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.\n- (i) thoroughly saturated with water; or\n- (ii) treated with stonedust so the deposited dust mixture comprises an incombustible coal dust concentration of at least 85%.","sortOrder":376},{"sectionNumber":"ch.4-pt.6-div.3","sectionType":"division","heading":"Standard operating procedures for explosives and explosive-powered tools","content":"## Standard operating procedures for explosives and explosive-powered tools","sortOrder":377},{"sectionNumber":"sec.221","sectionType":"section","heading":"Standard operating procedures","content":"### sec.221 Standard operating procedures\n\nAn underground mine must have a standard operating procedure for using explosives and explosive-powered tools based on the risk assessment carried out under section 203 .\nThe procedure must provide for the following—\ntransporting explosives underground;\nstoring explosives underground;\nselecting, handling, preparing, charging and firing explosives;\nusing explosive-powered tools;\ninspecting for flammable gas and combustible dust before a shot or explosive-powered tool is fired;\ninspecting for flammable gas, airborne contaminants, blast damage and misfires after a shot is fired;\nestablishing the location of—\nother workplaces likely to be affected by the shotfiring; and\npersons likely to be affected by a shot or explosive-powered tool;\nwarning persons mentioned in paragraph (g) (ii) and, if necessary, evacuating them or preventing them from entering a dangerous place;\npreventing persons being affected by fumes from used explosives;\nprotecting strata supports, ventilation control devices, equipment and other structures from blast damage;\ndealing with misfired explosives or things likely to contain a misfired explosive;\ntesting equipment used for shotfiring;\nconditions under which, and locations where, only explosives declared under the Explosives Act 1999 , section 8 to be authorised explosives may be used for shotfiring purposes;\nrecording blasting details;\ndisposing of explosives safely.\n(sec.221-ssec.1) An underground mine must have a standard operating procedure for using explosives and explosive-powered tools based on the risk assessment carried out under section 203 .\n(sec.221-ssec.2) The procedure must provide for the following— transporting explosives underground; storing explosives underground; selecting, handling, preparing, charging and firing explosives; using explosive-powered tools; inspecting for flammable gas and combustible dust before a shot or explosive-powered tool is fired; inspecting for flammable gas, airborne contaminants, blast damage and misfires after a shot is fired; establishing the location of— other workplaces likely to be affected by the shotfiring; and persons likely to be affected by a shot or explosive-powered tool; warning persons mentioned in paragraph (g) (ii) and, if necessary, evacuating them or preventing them from entering a dangerous place; preventing persons being affected by fumes from used explosives; protecting strata supports, ventilation control devices, equipment and other structures from blast damage; dealing with misfired explosives or things likely to contain a misfired explosive; testing equipment used for shotfiring; conditions under which, and locations where, only explosives declared under the Explosives Act 1999 , section 8 to be authorised explosives may be used for shotfiring purposes; recording blasting details; disposing of explosives safely.\n- (a) transporting explosives underground;\n- (b) storing explosives underground;\n- (c) selecting, handling, preparing, charging and firing explosives;\n- (d) using explosive-powered tools;\n- (e) inspecting for flammable gas and combustible dust before a shot or explosive-powered tool is fired;\n- (f) inspecting for flammable gas, airborne contaminants, blast damage and misfires after a shot is fired;\n- (g) establishing the location of— (i) other workplaces likely to be affected by the shotfiring; and (ii) persons likely to be affected by a shot or explosive-powered tool;\n- (i) other workplaces likely to be affected by the shotfiring; and\n- (ii) persons likely to be affected by a shot or explosive-powered tool;\n- (h) warning persons mentioned in paragraph (g) (ii) and, if necessary, evacuating them or preventing them from entering a dangerous place;\n- (i) preventing persons being affected by fumes from used explosives;\n- (j) protecting strata supports, ventilation control devices, equipment and other structures from blast damage;\n- (k) dealing with misfired explosives or things likely to contain a misfired explosive;\n- (l) testing equipment used for shotfiring;\n- (m) conditions under which, and locations where, only explosives declared under the Explosives Act 1999 , section 8 to be authorised explosives may be used for shotfiring purposes;\n- (n) recording blasting details;\n- (o) disposing of explosives safely.\n- (i) other workplaces likely to be affected by the shotfiring; and\n- (ii) persons likely to be affected by a shot or explosive-powered tool;","sortOrder":378},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Gas monitoring","content":"# Gas monitoring","sortOrder":379},{"sectionNumber":"ch.4-pt.7-div.1","sectionType":"division","heading":"Safety and health management system","content":"## Safety and health management system","sortOrder":380},{"sectionNumber":"sec.221A","sectionType":"section","heading":"Application of division","content":"### sec.221A Application of division\n\nThis division does not apply to a drift or shaft being driven from the surface in material other than coal.","sortOrder":381},{"sectionNumber":"sec.222","sectionType":"section","heading":"Gas monitoring system","content":"### sec.222 Gas monitoring system\n\nAn underground mine’s safety and health management system must provide for a gas monitoring system complying with this section.\nThe gas monitoring system must provide for the following—\ncontinuous monitoring of the mine atmosphere at the return airway of each ventilation split, to detect methane, carbon monoxide, carbon dioxide and oxygen;\nautomatically detecting or calculating the values and trends of the following—\ngas concentrations;\nthe ratio of carbon monoxide and oxygen deficiency (commonly known as Graham’s ratio);\nthe ratio of carbon monoxide and carbon dioxide;\ngas explosibility;\nautomatically activating an alarm if a gas alarm level is exceeded;\nrecording the values and trends mentioned in paragraph (b) and displaying the record—\nat the surface of the mine where the record can be easily accessed by coal mine workers; and\nin a way that the record can be easily read by the workers;\nkeeping the information on which the values and trends mentioned in paragraph (d) were based at the mine in a way that enables the information to be easily accessed and inspected.\nThe gas monitoring system must also provide for—\nan alternative electricity supply to ensure the system continues to function if the normal electricity supply fails; and\nelectrical equipment installed and operated underground for the system to have the following explosion protection category—\nfor equipment other than a gas detector head—Ex ia;\nfor a gas detector head—Ex ia or Ex s.\n(sec.222-ssec.1) An underground mine’s safety and health management system must provide for a gas monitoring system complying with this section.\n(sec.222-ssec.2) The gas monitoring system must provide for the following— continuous monitoring of the mine atmosphere at the return airway of each ventilation split, to detect methane, carbon monoxide, carbon dioxide and oxygen; automatically detecting or calculating the values and trends of the following— gas concentrations; the ratio of carbon monoxide and oxygen deficiency (commonly known as Graham’s ratio); the ratio of carbon monoxide and carbon dioxide; gas explosibility; automatically activating an alarm if a gas alarm level is exceeded; recording the values and trends mentioned in paragraph (b) and displaying the record— at the surface of the mine where the record can be easily accessed by coal mine workers; and in a way that the record can be easily read by the workers; keeping the information on which the values and trends mentioned in paragraph (d) were based at the mine in a way that enables the information to be easily accessed and inspected.\n(sec.222-ssec.3) The gas monitoring system must also provide for— an alternative electricity supply to ensure the system continues to function if the normal electricity supply fails; and electrical equipment installed and operated underground for the system to have the following explosion protection category— for equipment other than a gas detector head—Ex ia; for a gas detector head—Ex ia or Ex s.\n- (a) continuous monitoring of the mine atmosphere at the return airway of each ventilation split, to detect methane, carbon monoxide, carbon dioxide and oxygen;\n- (b) automatically detecting or calculating the values and trends of the following— (i) gas concentrations; (ii) the ratio of carbon monoxide and oxygen deficiency (commonly known as Graham’s ratio); (iii) the ratio of carbon monoxide and carbon dioxide; (iv) gas explosibility;\n- (i) gas concentrations;\n- (ii) the ratio of carbon monoxide and oxygen deficiency (commonly known as Graham’s ratio);\n- (iii) the ratio of carbon monoxide and carbon dioxide;\n- (iv) gas explosibility;\n- (c) automatically activating an alarm if a gas alarm level is exceeded;\n- (d) recording the values and trends mentioned in paragraph (b) and displaying the record— (i) at the surface of the mine where the record can be easily accessed by coal mine workers; and (ii) in a way that the record can be easily read by the workers;\n- (i) at the surface of the mine where the record can be easily accessed by coal mine workers; and\n- (ii) in a way that the record can be easily read by the workers;\n- (e) keeping the information on which the values and trends mentioned in paragraph (d) were based at the mine in a way that enables the information to be easily accessed and inspected.\n- (i) gas concentrations;\n- (ii) the ratio of carbon monoxide and oxygen deficiency (commonly known as Graham’s ratio);\n- (iii) the ratio of carbon monoxide and carbon dioxide;\n- (iv) gas explosibility;\n- (i) at the surface of the mine where the record can be easily accessed by coal mine workers; and\n- (ii) in a way that the record can be easily read by the workers;\n- (a) an alternative electricity supply to ensure the system continues to function if the normal electricity supply fails; and\n- (b) electrical equipment installed and operated underground for the system to have the following explosion protection category— (i) for equipment other than a gas detector head—Ex ia; (ii) for a gas detector head—Ex ia or Ex s.\n- (i) for equipment other than a gas detector head—Ex ia;\n- (ii) for a gas detector head—Ex ia or Ex s.\n- (i) for equipment other than a gas detector head—Ex ia;\n- (ii) for a gas detector head—Ex ia or Ex s.","sortOrder":382},{"sectionNumber":"sec.223","sectionType":"section","heading":"Monitoring and sampling mine atmosphere","content":"### sec.223 Monitoring and sampling mine atmosphere\n\nAn underground mine’s safety and health management system must provide for continuous monitoring of the mine atmosphere, using the mine’s gas monitoring system, at the return airway of each ventilation split.\nThe safety and health management system must also provide for sampling of the mine atmosphere, using the mine’s gas monitoring system, at each of the following places—\nthe return airway from each goaf area and each set of workings;\nthe return of each airway at the upcast shaft;\nother places stated in the mine’s principal hazard management plan for gas monitoring as places where gas monitoring must be carried out.\nThe safety and health management system must also provide for—\ncontinuous monitoring, using the mine’s gas monitoring system, to detect products of combustion in the mine atmosphere at the return side of each conveyor belt; and\nwhen the products are detected, the automatic activation of an alarm located on the surface in a position that is generally under observation to warn persons of the products’ presence.\nThe safety and health management system must also provide for a regularly updated plan to be kept at the mine showing the location of—\nthe sampling point for each of the places mentioned in subsections (1) , (1A) and (1B) ; and\neach of the mine’s ventilation control devices designated under section 351 (1) .\nA person must not relocate equipment used for sampling without the mine’s ventilation officer’s authorisation.\ns 223 amd 2020 SL No. 118 s 5\n(sec.223-ssec.1) An underground mine’s safety and health management system must provide for continuous monitoring of the mine atmosphere, using the mine’s gas monitoring system, at the return airway of each ventilation split.\n(sec.223-ssec.1A) The safety and health management system must also provide for sampling of the mine atmosphere, using the mine’s gas monitoring system, at each of the following places— the return airway from each goaf area and each set of workings; the return of each airway at the upcast shaft; other places stated in the mine’s principal hazard management plan for gas monitoring as places where gas monitoring must be carried out.\n(sec.223-ssec.1B) The safety and health management system must also provide for— continuous monitoring, using the mine’s gas monitoring system, to detect products of combustion in the mine atmosphere at the return side of each conveyor belt; and when the products are detected, the automatic activation of an alarm located on the surface in a position that is generally under observation to warn persons of the products’ presence.\n(sec.223-ssec.2) The safety and health management system must also provide for a regularly updated plan to be kept at the mine showing the location of— the sampling point for each of the places mentioned in subsections (1) , (1A) and (1B) ; and each of the mine’s ventilation control devices designated under section 351 (1) .\n(sec.223-ssec.3) A person must not relocate equipment used for sampling without the mine’s ventilation officer’s authorisation.\n- (a) the return airway from each goaf area and each set of workings;\n- (b) the return of each airway at the upcast shaft;\n- (c) other places stated in the mine’s principal hazard management plan for gas monitoring as places where gas monitoring must be carried out.\n- (a) continuous monitoring, using the mine’s gas monitoring system, to detect products of combustion in the mine atmosphere at the return side of each conveyor belt; and\n- (b) when the products are detected, the automatic activation of an alarm located on the surface in a position that is generally under observation to warn persons of the products’ presence.\n- (a) the sampling point for each of the places mentioned in subsections (1) , (1A) and (1B) ; and\n- (b) each of the mine’s ventilation control devices designated under section 351 (1) .","sortOrder":383},{"sectionNumber":"sec.224","sectionType":"section","heading":"Gas alarm levels","content":"### sec.224 Gas alarm levels\n\nAn underground mine’s principal hazard management plan for gas management must state the values and ratios for gas, mentioned in section 222 (2) (b) , that are gas alarm levels.\nThe mine must have a standard operating procedure for changing the gas alarm levels, including recording the following details—\nthe nature of, and reason for, the change;\nthe date the change was made;\nthe name of the person who made the change.\ns 224 amd 2024 SL No. 167 s 30\n(sec.224-ssec.1) An underground mine’s principal hazard management plan for gas management must state the values and ratios for gas, mentioned in section 222 (2) (b) , that are gas alarm levels.\n(sec.224-ssec.2) The mine must have a standard operating procedure for changing the gas alarm levels, including recording the following details— the nature of, and reason for, the change; the date the change was made; the name of the person who made the change.\n- (a) the nature of, and reason for, the change;\n- (b) the date the change was made;\n- (c) the name of the person who made the change.","sortOrder":384},{"sectionNumber":"sec.225","sectionType":"section","heading":"Changing gas alarm level settings","content":"### sec.225 Changing gas alarm level settings\n\nA person must not change a gas alarm level setting for an underground mine without the mine’s ventilation officer’s authorisation.","sortOrder":385},{"sectionNumber":"sec.226","sectionType":"section","heading":"Acknowledging alarms","content":"### sec.226 Acknowledging alarms\n\nAn underground mine must have a standard operating procedure for acknowledging alarms that are activated when gas alarm levels are exceeded.\nThe procedure must provide for at least 1 person to be—\non the surface when a person is underground; and\nauthorised by the underground mine manager for the mine to acknowledge the alarms.\n(sec.226-ssec.1) An underground mine must have a standard operating procedure for acknowledging alarms that are activated when gas alarm levels are exceeded.\n(sec.226-ssec.2) The procedure must provide for at least 1 person to be— on the surface when a person is underground; and authorised by the underground mine manager for the mine to acknowledge the alarms.\n- (a) on the surface when a person is underground; and\n- (b) authorised by the underground mine manager for the mine to acknowledge the alarms.","sortOrder":386},{"sectionNumber":"ch.4-pt.7-div.1A","sectionType":"division","heading":"Gas monitoring system for drifts driven from mine surface in material other than coal","content":"## Gas monitoring system for drifts driven from mine surface in material other than coal","sortOrder":387},{"sectionNumber":"sec.226A","sectionType":"section","heading":"Gas monitoring","content":"### sec.226A Gas monitoring\n\nA drift being driven from the surface in material other than coal must contain equipment that—\ncontinuously monitors the atmosphere in the drift to detect products of combustion; and\nwhen the products are detected, automatically activates an alarm that is located in a position to warn persons in the drift.\n- (a) continuously monitors the atmosphere in the drift to detect products of combustion; and\n- (b) when the products are detected, automatically activates an alarm that is located in a position to warn persons in the drift.","sortOrder":388},{"sectionNumber":"ch.4-pt.7-div.2","sectionType":"division","heading":"Methane and other gas detectors","content":"## Methane and other gas detectors","sortOrder":389},{"sectionNumber":"sec.227","sectionType":"section","heading":"Portable gas detectors","content":"### sec.227 Portable gas detectors\n\nThe site senior executive for an underground mine must ensure—\nthe mine has a sufficient number of portable gas detectors capable of detecting the presence of methane, carbon monoxide and oxygen in the mine atmosphere; and\neach portable gas detector used at the mine is certified as—\nsuitable for use in an underground mine; and\nhaving the following explosion protection category—\nfor parts of the detector other than the gas detector head—Ex ia;\nfor the gas detector head—Ex ia or Ex s; and\ncapable of detecting the type of gas for which the detector is intended to be used; and\nbeing accurate and reliable.\n- (a) the mine has a sufficient number of portable gas detectors capable of detecting the presence of methane, carbon monoxide and oxygen in the mine atmosphere; and\n- (b) each portable gas detector used at the mine is certified as— (i) suitable for use in an underground mine; and (ii) having the following explosion protection category— (A) for parts of the detector other than the gas detector head—Ex ia; (B) for the gas detector head—Ex ia or Ex s; and (iii) capable of detecting the type of gas for which the detector is intended to be used; and (iv) being accurate and reliable.\n- (i) suitable for use in an underground mine; and\n- (ii) having the following explosion protection category— (A) for parts of the detector other than the gas detector head—Ex ia; (B) for the gas detector head—Ex ia or Ex s; and\n- (A) for parts of the detector other than the gas detector head—Ex ia;\n- (B) for the gas detector head—Ex ia or Ex s; and\n- (iii) capable of detecting the type of gas for which the detector is intended to be used; and\n- (iv) being accurate and reliable.\n- (i) suitable for use in an underground mine; and\n- (ii) having the following explosion protection category— (A) for parts of the detector other than the gas detector head—Ex ia; (B) for the gas detector head—Ex ia or Ex s; and\n- (A) for parts of the detector other than the gas detector head—Ex ia;\n- (B) for the gas detector head—Ex ia or Ex s; and\n- (iii) capable of detecting the type of gas for which the detector is intended to be used; and\n- (iv) being accurate and reliable.\n- (A) for parts of the detector other than the gas detector head—Ex ia;\n- (B) for the gas detector head—Ex ia or Ex s; and","sortOrder":390},{"sectionNumber":"sec.228","sectionType":"section","heading":"Providing portable gas detectors","content":"### sec.228 Providing portable gas detectors\n\nThe underground mine manager for an underground mine must ensure each person appointed under section 60 (8) or (9) of the Act for the mine is provided with a portable gas detector.\nThe underground mine manager may provide a portable gas detector to a person, other than a person appointed under section 60 (8) or (9) of the Act , only if the person is—\nappointed by the underground mine manager to use the detector; and\ncompetent in its use.\nA person provided with a portable gas detector for an underground mine must keep the detector in the person’s possession or under the person’s direct control while the detector is in use underground.\n(sec.228-ssec.1) The underground mine manager for an underground mine must ensure each person appointed under section 60 (8) or (9) of the Act for the mine is provided with a portable gas detector.\n(sec.228-ssec.2) The underground mine manager may provide a portable gas detector to a person, other than a person appointed under section 60 (8) or (9) of the Act , only if the person is— appointed by the underground mine manager to use the detector; and competent in its use.\n(sec.228-ssec.3) A person provided with a portable gas detector for an underground mine must keep the detector in the person’s possession or under the person’s direct control while the detector is in use underground.\n- (a) appointed by the underground mine manager to use the detector; and\n- (b) competent in its use.","sortOrder":391},{"sectionNumber":"sec.229","sectionType":"section","heading":"Fixed methane detectors","content":"### sec.229 Fixed methane detectors\n\nThis section applies to a fixed methane detector at an underground mine that is—\nfitted to equipment; or\na self-contained unit located at a particular place; or\npart of the gas monitoring system.\nThe site senior executive for the mine must ensure that if the detector malfunctions or fails the detector will automatically—\ncause the equipment, or part of the equipment, the detector is monitoring to shut down; and\ngive a visible alarm.\nSubsection (2) (a) does not apply if the equipment or part is fitted with more than 1 methane detector and 1 of the detectors remains operational.\n(sec.229-ssec.1) This section applies to a fixed methane detector at an underground mine that is— fitted to equipment; or a self-contained unit located at a particular place; or part of the gas monitoring system.\n(sec.229-ssec.2) The site senior executive for the mine must ensure that if the detector malfunctions or fails the detector will automatically— cause the equipment, or part of the equipment, the detector is monitoring to shut down; and give a visible alarm.\n(sec.229-ssec.3) Subsection (2) (a) does not apply if the equipment or part is fitted with more than 1 methane detector and 1 of the detectors remains operational.\n- (a) fitted to equipment; or\n- (b) a self-contained unit located at a particular place; or\n- (c) part of the gas monitoring system.\n- (a) cause the equipment, or part of the equipment, the detector is monitoring to shut down; and\n- (b) give a visible alarm.","sortOrder":392},{"sectionNumber":"sec.230","sectionType":"section","heading":"Plant to be protected by methane detectors","content":"### sec.230 Plant to be protected by methane detectors\n\nThe site senior executive for an underground mine must ensure a plant item used at the mine and mentioned in this subdivision is protected by methane detectors under this subdivision.","sortOrder":393},{"sectionNumber":"sec.231","sectionType":"section","heading":"Auxiliary or booster fan","content":"### sec.231 Auxiliary or booster fan\n\nAn auxiliary or booster fan must be protected by at least 1 methane detector to detect the general body concentration of methane at the fan.\nFor an auxiliary fan, the detector must be an automatic methane detector that trips the electricity supply to the fan when the concentration exceeds 2%.\nFor a booster fan, the detector must, when the concentration exceeds 1.25%, automatically activate an audible and visible alarm located in a place that allows the necessary action to be taken promptly.\nIf the detector protecting an auxiliary fan fails or is otherwise non-operational, the underground mine manager must ensure that, while the fan is operating, a person—\ncontinuously monitors the general body concentration of methane at the fan by using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1.25%; and\ndisconnects the electricity supply to the fan when the concentration exceeds 1.25%.\nThis section does not apply to an auxiliary or booster fan for a drift or shaft being driven from the surface in material other than coal.\n(sec.231-ssec.1) An auxiliary or booster fan must be protected by at least 1 methane detector to detect the general body concentration of methane at the fan.\n(sec.231-ssec.2) For an auxiliary fan, the detector must be an automatic methane detector that trips the electricity supply to the fan when the concentration exceeds 2%.\n(sec.231-ssec.3) For a booster fan, the detector must, when the concentration exceeds 1.25%, automatically activate an audible and visible alarm located in a place that allows the necessary action to be taken promptly.\n(sec.231-ssec.4) If the detector protecting an auxiliary fan fails or is otherwise non-operational, the underground mine manager must ensure that, while the fan is operating, a person— continuously monitors the general body concentration of methane at the fan by using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1.25%; and disconnects the electricity supply to the fan when the concentration exceeds 1.25%.\n(sec.231-ssec.5) This section does not apply to an auxiliary or booster fan for a drift or shaft being driven from the surface in material other than coal.\n- (a) continuously monitors the general body concentration of methane at the fan by using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1.25%; and\n- (b) disconnects the electricity supply to the fan when the concentration exceeds 1.25%.","sortOrder":394},{"sectionNumber":"sec.232","sectionType":"section","heading":"Main exhausting fan","content":"### sec.232 Main exhausting fan\n\nThe ventilating air passing through a main exhausting fan must be monitored by at least 1 automatic methane detector to detect the air’s general body concentration of methane.\nThe detector must automatically activate a visible alarm when the concentration exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm.\n(sec.232-ssec.1) The ventilating air passing through a main exhausting fan must be monitored by at least 1 automatic methane detector to detect the air’s general body concentration of methane.\n(sec.232-ssec.2) The detector must automatically activate a visible alarm when the concentration exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm.","sortOrder":395},{"sectionNumber":"sec.233","sectionType":"section","heading":"Coal cutter, continuous miner, tunnel boring and road heading machine","content":"### sec.233 Coal cutter, continuous miner, tunnel boring and road heading machine\n\nA coal cutter, continuous miner, tunnel boring or road heading machine must be fitted with at least 1 automatic methane detector to detect the methane concentration near the cutters.\nIf the machine is fitted with only 1 automatic methane detector, the detector must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\ntrip the electricity supply to the machine when the concentration exceeds 2%.\nIf the machine is fitted with more than 1 automatic methane detector—\na detector fitted to detect the methane concentration near the cutters must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\ntrip the electricity supply to the cutters when the concentration exceeds 2%; and\na detector fitted to detect the general body concentration of methane around the machine must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\ntrip the electricity supply to the machine when the concentration exceeds 2%.\n(sec.233-ssec.1) A coal cutter, continuous miner, tunnel boring or road heading machine must be fitted with at least 1 automatic methane detector to detect the methane concentration near the cutters.\n(sec.233-ssec.2) If the machine is fitted with only 1 automatic methane detector, the detector must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and trip the electricity supply to the machine when the concentration exceeds 2%.\n(sec.233-ssec.3) If the machine is fitted with more than 1 automatic methane detector— a detector fitted to detect the methane concentration near the cutters must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and trip the electricity supply to the cutters when the concentration exceeds 2%; and a detector fitted to detect the general body concentration of methane around the machine must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and trip the electricity supply to the machine when the concentration exceeds 2%.\n- (a) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (b) trip the electricity supply to the machine when the concentration exceeds 2%.\n- (a) a detector fitted to detect the methane concentration near the cutters must automatically— (i) activate a visible alarm to warn the operator when the concentration exceeds 1%; and (ii) trip the electricity supply to the cutters when the concentration exceeds 2%; and\n- (i) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (ii) trip the electricity supply to the cutters when the concentration exceeds 2%; and\n- (b) a detector fitted to detect the general body concentration of methane around the machine must automatically— (i) activate a visible alarm to warn the operator when the concentration exceeds 1%; and (ii) trip the electricity supply to the machine when the concentration exceeds 2%.\n- (i) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (ii) trip the electricity supply to the machine when the concentration exceeds 2%.\n- (i) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (ii) trip the electricity supply to the cutters when the concentration exceeds 2%; and\n- (i) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (ii) trip the electricity supply to the machine when the concentration exceeds 2%.","sortOrder":396},{"sectionNumber":"sec.234","sectionType":"section","heading":"Longwall shearer","content":"### sec.234 Longwall shearer\n\nA longwall shearer must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.\nThe detector must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\ntrip the electricity supply to—\nthe cutters when the concentration exceeds 1.25%; and\nthe machine when the concentration exceeds 2%.\n(sec.234-ssec.1) A longwall shearer must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.\n(sec.234-ssec.2) The detector must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and trip the electricity supply to— the cutters when the concentration exceeds 1.25%; and the machine when the concentration exceeds 2%.\n- (a) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (b) trip the electricity supply to— (i) the cutters when the concentration exceeds 1.25%; and (ii) the machine when the concentration exceeds 2%.\n- (i) the cutters when the concentration exceeds 1.25%; and\n- (ii) the machine when the concentration exceeds 2%.\n- (i) the cutters when the concentration exceeds 1.25%; and\n- (ii) the machine when the concentration exceeds 2%.","sortOrder":397},{"sectionNumber":"sec.234A","sectionType":"section","heading":"Armoured face conveyor","content":"### sec.234A Armoured face conveyor\n\nAn armoured face conveyor must be fitted with at least 1 automatic methane detector on each electrically-powered tailgate drive motor to detect the general body concentration of methane at the tailgate drive motor.\nThe detector must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\ntrip the electricity supply to the armoured face conveyor and the longwall shearer cutters when the concentration exceeds 2%.\nSee section 393 .\ns 234A ins 2019 SL No. 250 s 6\namd 2020 SL No. 118 s 6\n(sec.234A-ssec.1) An armoured face conveyor must be fitted with at least 1 automatic methane detector on each electrically-powered tailgate drive motor to detect the general body concentration of methane at the tailgate drive motor.\n(sec.234A-ssec.2) The detector must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and trip the electricity supply to the armoured face conveyor and the longwall shearer cutters when the concentration exceeds 2%.\n- (a) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (b) trip the electricity supply to the armoured face conveyor and the longwall shearer cutters when the concentration exceeds 2%.","sortOrder":398},{"sectionNumber":"sec.235","sectionType":"section","heading":"Mobile bolting machine","content":"### sec.235 Mobile bolting machine\n\nA mobile bolting machine must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.\nThe detector must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\ntrip the electricity supply to the machine when the concentration exceeds 2%.\n(sec.235-ssec.1) A mobile bolting machine must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.\n(sec.235-ssec.2) The detector must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and trip the electricity supply to the machine when the concentration exceeds 2%.\n- (a) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (b) trip the electricity supply to the machine when the concentration exceeds 2%.","sortOrder":399},{"sectionNumber":"sec.236","sectionType":"section","heading":"Explosion-protected electrically-powered loader","content":"### sec.236 Explosion-protected electrically-powered loader\n\nAn explosion-protected electrically-powered loader must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.\nThe detector must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\ntrip the electricity supply to the loader when the concentration exceeds 2%.\n(sec.236-ssec.1) An explosion-protected electrically-powered loader must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the machine.\n(sec.236-ssec.2) The detector must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and trip the electricity supply to the loader when the concentration exceeds 2%.\n- (a) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (b) trip the electricity supply to the loader when the concentration exceeds 2%.","sortOrder":400},{"sectionNumber":"sec.237","sectionType":"section","heading":"Explosion-protected load-haul dump vehicle powered by a battery or internal combustion engine","content":"### sec.237 Explosion-protected load-haul dump vehicle powered by a battery or internal combustion engine\n\nThis section applies to an explosion-protected load-haul dump vehicle powered by a battery or an internal combustion engine.\nThe vehicle must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the vehicle.\nThe detector must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\neither—\ntrip the electricity supply to the vehicle’s electrical motors when the concentration exceeds 2%; or\nstop the vehicle’s internal combustion engine when the concentration exceeds 1.25%.\n(sec.237-ssec.1) This section applies to an explosion-protected load-haul dump vehicle powered by a battery or an internal combustion engine.\n(sec.237-ssec.2) The vehicle must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the vehicle.\n(sec.237-ssec.3) The detector must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and either— trip the electricity supply to the vehicle’s electrical motors when the concentration exceeds 2%; or stop the vehicle’s internal combustion engine when the concentration exceeds 1.25%.\n- (a) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (b) either— (i) trip the electricity supply to the vehicle’s electrical motors when the concentration exceeds 2%; or (ii) stop the vehicle’s internal combustion engine when the concentration exceeds 1.25%.\n- (i) trip the electricity supply to the vehicle’s electrical motors when the concentration exceeds 2%; or\n- (ii) stop the vehicle’s internal combustion engine when the concentration exceeds 1.25%.\n- (i) trip the electricity supply to the vehicle’s electrical motors when the concentration exceeds 2%; or\n- (ii) stop the vehicle’s internal combustion engine when the concentration exceeds 1.25%.","sortOrder":401},{"sectionNumber":"sec.238","sectionType":"section","heading":"Other explosion-protected plant powered by battery or internal combustion engine","content":"### sec.238 Other explosion-protected plant powered by battery or internal combustion engine\n\nBattery, or internal combustion engine, powered explosion-protected plant, other than a load-haul dump vehicle, must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.\nThe detector must automatically—\nactivate a visible alarm to warn the operator when the concentration exceeds 1%; and\neither—\ntrip the electricity supply to the plant’s electrical motors when the concentration exceeds 2%; or\nstop the plant’s internal combustion engine when the concentration exceeds 1.25%.\nThis section does not apply to plant that is being operated—\nby a person using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1% and 1.25%; and\nin a location inspected periodically by a person using a portable methane detector.\nIn this section—\nperiodically , for inspecting plant in a location in an ERZ1, means at least twice during a shift at approximately evenly spaced intervals.\n(sec.238-ssec.1) Battery, or internal combustion engine, powered explosion-protected plant, other than a load-haul dump vehicle, must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.\n(sec.238-ssec.2) The detector must automatically— activate a visible alarm to warn the operator when the concentration exceeds 1%; and either— trip the electricity supply to the plant’s electrical motors when the concentration exceeds 2%; or stop the plant’s internal combustion engine when the concentration exceeds 1.25%.\n(sec.238-ssec.3) This section does not apply to plant that is being operated— by a person using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1% and 1.25%; and in a location inspected periodically by a person using a portable methane detector.\n(sec.238-ssec.4) In this section— periodically , for inspecting plant in a location in an ERZ1, means at least twice during a shift at approximately evenly spaced intervals.\n- (a) activate a visible alarm to warn the operator when the concentration exceeds 1%; and\n- (b) either— (i) trip the electricity supply to the plant’s electrical motors when the concentration exceeds 2%; or (ii) stop the plant’s internal combustion engine when the concentration exceeds 1.25%.\n- (i) trip the electricity supply to the plant’s electrical motors when the concentration exceeds 2%; or\n- (ii) stop the plant’s internal combustion engine when the concentration exceeds 1.25%.\n- (i) trip the electricity supply to the plant’s electrical motors when the concentration exceeds 2%; or\n- (ii) stop the plant’s internal combustion engine when the concentration exceeds 1.25%.\n- (a) by a person using a portable methane detector that gives an audible and visible alarm when the concentration exceeds 1% and 1.25%; and\n- (b) in a location inspected periodically by a person using a portable methane detector.","sortOrder":402},{"sectionNumber":"sec.239","sectionType":"section","heading":"Other explosion-protected electrical plant","content":"### sec.239 Other explosion-protected electrical plant\n\nThis section applies to explosion-protected electrical plant supplied with electricity by a trailing cable, other than plant—\nmentioned in sections 233 to 238 ; or\nhaving explosion protection category Ex ia; or\noperated in a NERZ.\nThe plant must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.\nThe detector must automatically trip the electricity supply to the plant when the concentration exceeds 2%.\nThis section does not apply to plant that is being operated in a location inspected periodically by a person using a portable methane detector.\nIn this section—\nperiodically , for inspecting plant in a location in an ERZ1, means at least twice during a shift at approximately evenly spaced intervals.\n(sec.239-ssec.1) This section applies to explosion-protected electrical plant supplied with electricity by a trailing cable, other than plant— mentioned in sections 233 to 238 ; or having explosion protection category Ex ia; or operated in a NERZ.\n(sec.239-ssec.2) The plant must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.\n(sec.239-ssec.3) The detector must automatically trip the electricity supply to the plant when the concentration exceeds 2%.\n(sec.239-ssec.4) This section does not apply to plant that is being operated in a location inspected periodically by a person using a portable methane detector.\n(sec.239-ssec.5) In this section— periodically , for inspecting plant in a location in an ERZ1, means at least twice during a shift at approximately evenly spaced intervals.\n- (a) mentioned in sections 233 to 238 ; or\n- (b) having explosion protection category Ex ia; or\n- (c) operated in a NERZ.","sortOrder":403},{"sectionNumber":"sec.240","sectionType":"section","heading":"Non-explosion-protected plant","content":"### sec.240 Non-explosion-protected plant\n\nThis section applies to non-explosion-protected plant, other than portable plant, powered by a battery or an internal combustion engine.\nThe plant must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.\nThe detector must automatically—\nactivate—\na visible alarm to warn the operator when the concentration exceeds 0.25%; and\nan audible or visible alarm to warn the operator when the detector fails in service; and\ntrip the electricity supply to the plant’s electrical motors or stop its internal combustion engine—\nwhen the concentration exceeds 0.5%; and\nwithin 3 minutes after the detector fails in service.\n(sec.240-ssec.1) This section applies to non-explosion-protected plant, other than portable plant, powered by a battery or an internal combustion engine.\n(sec.240-ssec.2) The plant must be fitted with at least 1 automatic methane detector to detect the general body concentration of methane around the plant.\n(sec.240-ssec.3) The detector must automatically— activate— a visible alarm to warn the operator when the concentration exceeds 0.25%; and an audible or visible alarm to warn the operator when the detector fails in service; and trip the electricity supply to the plant’s electrical motors or stop its internal combustion engine— when the concentration exceeds 0.5%; and within 3 minutes after the detector fails in service.\n- (a) activate— (i) a visible alarm to warn the operator when the concentration exceeds 0.25%; and (ii) an audible or visible alarm to warn the operator when the detector fails in service; and\n- (i) a visible alarm to warn the operator when the concentration exceeds 0.25%; and\n- (ii) an audible or visible alarm to warn the operator when the detector fails in service; and\n- (b) trip the electricity supply to the plant’s electrical motors or stop its internal combustion engine— (i) when the concentration exceeds 0.5%; and (ii) within 3 minutes after the detector fails in service.\n- (i) when the concentration exceeds 0.5%; and\n- (ii) within 3 minutes after the detector fails in service.\n- (i) a visible alarm to warn the operator when the concentration exceeds 0.25%; and\n- (ii) an audible or visible alarm to warn the operator when the detector fails in service; and\n- (i) when the concentration exceeds 0.5%; and\n- (ii) within 3 minutes after the detector fails in service.","sortOrder":404},{"sectionNumber":"sec.241","sectionType":"section","heading":"Places where methane detectors must be located","content":"### sec.241 Places where methane detectors must be located\n\nThe site senior executive for an underground mine must ensure a place mentioned in this subdivision has methane detectors located at the place under this subdivision.\ns 241 amd 2019 SL No. 250 s 7","sortOrder":405},{"sectionNumber":"sec.242","sectionType":"section","heading":"Intake airways","content":"### sec.242 Intake airways\n\nAt least 1 automatic methane detector must be located in each intake airway at the interface between—\na NERZ and ERZ1; and\n2 NERZs.\nthe interface between subdivided parts of a NERZ\nA detector located at an interface between a NERZ and ERZ1 must—\nwhen the general body concentration of methane detected at the interface exceeds 0.25%—automatically activate a visible alarm; and\nwhen the general body concentration of methane detected at the interface exceeds 0.5%—automatically trip the electricity supply to non-intrinsically safe plant in—\nthe ERZ1 and NERZ; or\nif the NERZ has been subdivided—the ERZ1 and the subdivided part of the NERZ adjacent to the ERZ1.\nA detector located at the interface between a NERZ and an ERZ1 must be a self-contained unit or part of the gas monitoring system for the mine.\nA detector located at an interface between 2 NERZs must—\nautomatically activate a visible alarm when the general body concentration of methane detected at the interface exceeds 0.25%; and\nif the NERZ has been subdivided—automatically trip the electricity supply to non-intrinsically safe plant in the adjacent subdivided part when the general body concentration of methane detected at the interface exceeds 0.5%.\nThe alarm mentioned in subsection (2) (a) or (4) (a) must be visible at the interface.\ns 242 amd 2019 SL No. 250 s 8 ; 2020 SL No. 118 s 7\n(sec.242-ssec.1) At least 1 automatic methane detector must be located in each intake airway at the interface between— a NERZ and ERZ1; and 2 NERZs. the interface between subdivided parts of a NERZ\n(sec.242-ssec.2) A detector located at an interface between a NERZ and ERZ1 must— when the general body concentration of methane detected at the interface exceeds 0.25%—automatically activate a visible alarm; and when the general body concentration of methane detected at the interface exceeds 0.5%—automatically trip the electricity supply to non-intrinsically safe plant in— the ERZ1 and NERZ; or if the NERZ has been subdivided—the ERZ1 and the subdivided part of the NERZ adjacent to the ERZ1.\n(sec.242-ssec.3) A detector located at the interface between a NERZ and an ERZ1 must be a self-contained unit or part of the gas monitoring system for the mine.\n(sec.242-ssec.4) A detector located at an interface between 2 NERZs must— automatically activate a visible alarm when the general body concentration of methane detected at the interface exceeds 0.25%; and if the NERZ has been subdivided—automatically trip the electricity supply to non-intrinsically safe plant in the adjacent subdivided part when the general body concentration of methane detected at the interface exceeds 0.5%.\n(sec.242-ssec.5) The alarm mentioned in subsection (2) (a) or (4) (a) must be visible at the interface.\n- (a) a NERZ and ERZ1; and\n- (b) 2 NERZs. Example of interface between 2 NERZs— the interface between subdivided parts of a NERZ\n- (a) when the general body concentration of methane detected at the interface exceeds 0.25%—automatically activate a visible alarm; and\n- (b) when the general body concentration of methane detected at the interface exceeds 0.5%—automatically trip the electricity supply to non-intrinsically safe plant in— (i) the ERZ1 and NERZ; or (ii) if the NERZ has been subdivided—the ERZ1 and the subdivided part of the NERZ adjacent to the ERZ1.\n- (i) the ERZ1 and NERZ; or\n- (ii) if the NERZ has been subdivided—the ERZ1 and the subdivided part of the NERZ adjacent to the ERZ1.\n- (i) the ERZ1 and NERZ; or\n- (ii) if the NERZ has been subdivided—the ERZ1 and the subdivided part of the NERZ adjacent to the ERZ1.\n- (a) automatically activate a visible alarm when the general body concentration of methane detected at the interface exceeds 0.25%; and\n- (b) if the NERZ has been subdivided—automatically trip the electricity supply to non-intrinsically safe plant in the adjacent subdivided part when the general body concentration of methane detected at the interface exceeds 0.5%.","sortOrder":406},{"sectionNumber":"sec.243","sectionType":"section","heading":"Main return airway and return airway in a ventilation split","content":"### sec.243 Main return airway and return airway in a ventilation split\n\nAt least 1 methane detector must be located in—\neach main return airway; and\neach return airway in a ventilation split.\nThe detector must automatically activate a visible alarm when the general body concentration of methane detected in the return air exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm.\ns 243 amd 2019 SL No. 250 s 9\n(sec.243-ssec.1) At least 1 methane detector must be located in— each main return airway; and each return airway in a ventilation split.\n(sec.243-ssec.2) The detector must automatically activate a visible alarm when the general body concentration of methane detected in the return air exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm.\n- (a) each main return airway; and\n- (b) each return airway in a ventilation split.","sortOrder":407},{"sectionNumber":"sec.243A","sectionType":"section","heading":"Longwall return airway generally","content":"### sec.243A Longwall return airway generally\n\nThis section applies—\nin relation to a longwall return airway; and\nin addition to the requirements under section 243 .\nAt least 1 automatic methane detector must be located—\nin the longwall return airway; and\nwithin 150m outbye of the corner of the tailgate block side rib line and the longwall coal face; and\nso as to measure the general body concentration of methane in the longwall return airway from—\nthe longwall face; and\nthe goaf.\nThe detector must automatically—\nactivate a visible alarm when the general body concentration of methane detected in the return air exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm; and\ntrip the electricity supply to the following equipment when the general body concentration of methane detected in the return air exceeds 2%—\nthe armoured face conveyor;\nthe longwall shearer cutters;\nthe longwall equipment in the longwall return airway.\ns 243A ins 2019 SL No. 250 s 10\namd 2020 SL No. 118 s 8\n(sec.243A-ssec.1) This section applies— in relation to a longwall return airway; and in addition to the requirements under section 243 .\n(sec.243A-ssec.2) At least 1 automatic methane detector must be located— in the longwall return airway; and within 150m outbye of the corner of the tailgate block side rib line and the longwall coal face; and so as to measure the general body concentration of methane in the longwall return airway from— the longwall face; and the goaf.\n(sec.243A-ssec.3) The detector must automatically— activate a visible alarm when the general body concentration of methane detected in the return air exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm; and trip the electricity supply to the following equipment when the general body concentration of methane detected in the return air exceeds 2%— the armoured face conveyor; the longwall shearer cutters; the longwall equipment in the longwall return airway.\n- (a) in relation to a longwall return airway; and\n- (b) in addition to the requirements under section 243 .\n- (a) in the longwall return airway; and\n- (b) within 150m outbye of the corner of the tailgate block side rib line and the longwall coal face; and\n- (c) so as to measure the general body concentration of methane in the longwall return airway from— (i) the longwall face; and (ii) the goaf.\n- (i) the longwall face; and\n- (ii) the goaf.\n- (i) the longwall face; and\n- (ii) the goaf.\n- (a) activate a visible alarm when the general body concentration of methane detected in the return air exceeds the percentage stated in the mine’s principal hazard management plan for ventilation as the percentage that must not be exceeded before the detector activates the alarm; and\n- (b) trip the electricity supply to the following equipment when the general body concentration of methane detected in the return air exceeds 2%— (i) the armoured face conveyor; (ii) the longwall shearer cutters; (iii) the longwall equipment in the longwall return airway.\n- (i) the armoured face conveyor;\n- (ii) the longwall shearer cutters;\n- (iii) the longwall equipment in the longwall return airway.\n- (i) the armoured face conveyor;\n- (ii) the longwall shearer cutters;\n- (iii) the longwall equipment in the longwall return airway.","sortOrder":408},{"sectionNumber":"sec.243B","sectionType":"section","heading":"Longwall return airway","content":"### sec.243B Longwall return airway\n\nThis section applies in addition to the requirements under section 243 .\nAt least 1 methane detector must be located in each of the following places—\na longwall return airway that is an ERZ0 (a relevant zone ), if a machine can physically pass through a boundary between—\na NERZ and the ERZ0; or\nan ERZ1 and the ERZ0;\na longwall return airway that is an ERZ1 (also a relevant zone ), if a machine can physically pass through a boundary between—\na NERZ and the ERZ1; or\nanother ERZ1 and the ERZ1.\nThe detector must automatically activate a visible alarm on the intake side of each access leading into the relevant zone when the general body concentration of methane detected in the return air exceeds 1%.\nSee section 396 .\ns 243B ins 2019 SL No. 250 s 10\namd 2020 SL No. 118 s 9\n(sec.243B-ssec.1) This section applies in addition to the requirements under section 243 .\n(sec.243B-ssec.2) At least 1 methane detector must be located in each of the following places— a longwall return airway that is an ERZ0 (a relevant zone ), if a machine can physically pass through a boundary between— a NERZ and the ERZ0; or an ERZ1 and the ERZ0; a longwall return airway that is an ERZ1 (also a relevant zone ), if a machine can physically pass through a boundary between— a NERZ and the ERZ1; or another ERZ1 and the ERZ1.\n(sec.243B-ssec.3) The detector must automatically activate a visible alarm on the intake side of each access leading into the relevant zone when the general body concentration of methane detected in the return air exceeds 1%.\n- (a) a longwall return airway that is an ERZ0 (a relevant zone ), if a machine can physically pass through a boundary between— (i) a NERZ and the ERZ0; or (ii) an ERZ1 and the ERZ0;\n- (i) a NERZ and the ERZ0; or\n- (ii) an ERZ1 and the ERZ0;\n- (b) a longwall return airway that is an ERZ1 (also a relevant zone ), if a machine can physically pass through a boundary between— (i) a NERZ and the ERZ1; or (ii) another ERZ1 and the ERZ1.\n- (i) a NERZ and the ERZ1; or\n- (ii) another ERZ1 and the ERZ1.\n- (i) a NERZ and the ERZ0; or\n- (ii) an ERZ1 and the ERZ0;\n- (i) a NERZ and the ERZ1; or\n- (ii) another ERZ1 and the ERZ1.","sortOrder":409},{"sectionNumber":"sec.244","sectionType":"section","heading":"Intake airway intersecting with longwall face","content":"### sec.244 Intake airway intersecting with longwall face\n\nAt least 1 automatic methane detector must be located at the intersection between a longwall face and an intake airway.\nA detector located at the intersection between a longwall face and an intake airway must automatically—\nactivate a visible alarm when the general body concentration of methane detected at the intersection exceeds 1%; and\ntrip the electricity supply to longwall equipment in the longwall face and intake airway when the general body concentration of methane detected at the intersection exceeds 2%.\nSee section 394 .\ns 244 sub 2019 SL No. 250 s 10\namd 2020 SL No. 118 s 10\n(sec.244-ssec.1) At least 1 automatic methane detector must be located at the intersection between a longwall face and an intake airway.\n(sec.244-ssec.2) A detector located at the intersection between a longwall face and an intake airway must automatically— activate a visible alarm when the general body concentration of methane detected at the intersection exceeds 1%; and trip the electricity supply to longwall equipment in the longwall face and intake airway when the general body concentration of methane detected at the intersection exceeds 2%.\n- (a) activate a visible alarm when the general body concentration of methane detected at the intersection exceeds 1%; and\n- (b) trip the electricity supply to longwall equipment in the longwall face and intake airway when the general body concentration of methane detected at the intersection exceeds 2%.","sortOrder":410},{"sectionNumber":"ch.4-pt.7-div.3","sectionType":"division","heading":"Action to be taken if methane is detected or methane detector is non-operational","content":"## Action to be taken if methane is detected or methane detector is non-operational","sortOrder":411},{"sectionNumber":"sec.245","sectionType":"section","heading":"Explosion-protected electrically-powered loader","content":"### sec.245 Explosion-protected electrically-powered loader\n\nIf a general body concentration of methane exceeding 1.25% is detected around an explosion-protected electrically-powered loader that is not fitted with an automatic methane detector, the loader’s operator must switch off the electricity supply to the loader’s trailing cable.","sortOrder":412},{"sectionNumber":"sec.246","sectionType":"section","heading":"Explosion-protected vehicle powered by a battery or internal combustion engine","content":"### sec.246 Explosion-protected vehicle powered by a battery or internal combustion engine\n\nThis section applies to an explosion-protected vehicle—\npowered by a battery or an internal combustion engine; and\nfitted with 1 automatic methane detector.\nIf a general body concentration of methane of at least 1% is detected around the vehicle, the vehicle’s operator must immediately withdraw the vehicle to a place where the general body concentration of methane is less than 1%.\nIf a general body concentration of methane of at least 1.25% is detected around a vehicle constructed before 1 July 2001 that is not fitted with a methane detector, the vehicle’s operator must immediately switch off the electrical motors or internal combustion engine.\n(sec.246-ssec.1) This section applies to an explosion-protected vehicle— powered by a battery or an internal combustion engine; and fitted with 1 automatic methane detector.\n(sec.246-ssec.2) If a general body concentration of methane of at least 1% is detected around the vehicle, the vehicle’s operator must immediately withdraw the vehicle to a place where the general body concentration of methane is less than 1%.\n(sec.246-ssec.3) If a general body concentration of methane of at least 1.25% is detected around a vehicle constructed before 1 July 2001 that is not fitted with a methane detector, the vehicle’s operator must immediately switch off the electrical motors or internal combustion engine.\n- (a) powered by a battery or an internal combustion engine; and\n- (b) fitted with 1 automatic methane detector.","sortOrder":413},{"sectionNumber":"sec.247","sectionType":"section","heading":"Other explosion-protected electrical plant","content":"### sec.247 Other explosion-protected electrical plant\n\nThis section applies to explosion-protected electrical plant supplied with electricity by a trailing cable, other than plant—\nmentioned in sections 245 and 246 ; or\nfitted with an automatic methane detector; or\nhaving explosion protection category Ex ia.\nIf a general body concentration of methane of at least 1.25% is detected around the plant, the person detecting the methane must immediately switch off the electricity supply to the equipment’s trailing cable.\n(sec.247-ssec.1) This section applies to explosion-protected electrical plant supplied with electricity by a trailing cable, other than plant— mentioned in sections 245 and 246 ; or fitted with an automatic methane detector; or having explosion protection category Ex ia.\n(sec.247-ssec.2) If a general body concentration of methane of at least 1.25% is detected around the plant, the person detecting the methane must immediately switch off the electricity supply to the equipment’s trailing cable.\n- (a) mentioned in sections 245 and 246 ; or\n- (b) fitted with an automatic methane detector; or\n- (c) having explosion protection category Ex ia.","sortOrder":414},{"sectionNumber":"sec.248","sectionType":"section","heading":"Non-explosion-protected vehicle powered by a battery or an internal combustion engine","content":"### sec.248 Non-explosion-protected vehicle powered by a battery or an internal combustion engine\n\nIf the automatic methane detector fitted to a non-explosion-protected vehicle powered by a battery or an internal combustion engine fails in service, the vehicle’s operator must immediately park the vehicle.","sortOrder":415},{"sectionNumber":"sec.249","sectionType":"section","heading":"Ventilation split or main return airway","content":"### sec.249 Ventilation split or main return airway\n\nAn underground mine must have a standard operating procedure for taking action when methane, at a general body concentration stated in the procedure, is detected at a ventilation split or main return airway.","sortOrder":416},{"sectionNumber":"sec.250","sectionType":"section","heading":"Action to be taken if methane detector activates or is non-operational","content":"### sec.250 Action to be taken if methane detector activates or is non-operational\n\nAn underground mine must have a standard operating procedure for taking action when any of the following happens—\nan automatic methane detector fitted to a machine, vehicle or plant to which any of sections 233 to 239 applies—\ntrips the electricity supply to the machine, vehicle or plant; or\nstops its internal combustion engine;\na methane detector mentioned in paragraph (a) , other than a methane detector fitted to a longwall shearer, fails in service;\na methane detector located as required under section 242 , 243 , 243A , 243B or 244 —\nfails in service; or\nis being tested or relocated.\nThe procedure must provide that, if an event mentioned in subsection (1) (a) or (b) happens in relation to a methane detector fitted to a machine or vehicle (other than a longwall shearer or armoured face conveyor) in an ERZ1, the methane detector may be temporarily overridden to allow the machine or vehicle to be moved, but only if—\nthe general body concentration of methane around the machine or vehicle is less than 1.25%; and\na portable methane detector is used to continuously monitor the concentration.\nThe procedure must also provide that if an event mentioned in subsection (1) (b) happens in relation to a methane detector fitted to a longwall shearer as mentioned in section 234 , the methane detector may be temporarily overridden to allow the longwall shearer to be operated to allow movement to a secure place along the face or at the gate ends, but only if—\nthe general body concentration of methane around the longwall shearer is less than 1.25%; and\na portable methane detector is used to continuously monitor the concentration.\nThe procedure must also provide that, if an event mentioned in subsection (1) (b) happens in relation to a methane detector fitted to a relevant machine or relevant vehicle (other than an armoured face conveyor) being used in a NERZ, the operator may continue to use the machine or vehicle only if—\nthe general body concentration of methane around the machine or vehicle is less than 0.5%; and\nthe place where the machine or vehicle is located is continuously monitored by a person using a portable methane detector.\nThe procedure must also provide that, if an event mentioned in subsection (1) (c) happens in relation to a methane detector located as required under section 243 , 243A or 244 , the methane detector must be replaced or repaired immediately.\nThe procedure must also provide that, if an event mentioned in subsection (1) (c) happens in relation to a methane detector located as required under section 242 or 243B —\nthe methane detector must be replaced or repaired as soon as practicable; and\nfor a methane detector located in an intake airway at the interface between the zones as mentioned in section 242 (1) (a) or (b) —the methane detector may be overridden temporarily to allow operations to continue in the zones until the detector is replaced or repaired, but only if the conditions mentioned in subsection (7) are complied with.\nFor subsection (6) (b) , the conditions are—\na person uses a portable methane detector to continuously monitor for methane—\nif the event involves 1 methane detector—at the location of the methane detector; or\nif the event involves more than 1 methane detector at an interface—by moving between the methane detectors at the interface that have failed or are being tested or relocated; and\nthe electricity supply to the affected zones can be readily tripped when the general body concentration of methane at the location of a methane detector being monitored as required under paragraph (a) exceeds 0.5%.\nIn this section—\nrelevant machine means a machine supplied with electricity by a trailing cable.\nrelevant vehicle means an explosion-protected vehicle powered by a battery or an internal combustion engine.\ns 250 amd 2019 SL No. 250 s 11 ; 2020 SL No. 118 s 11\n(sec.250-ssec.1) An underground mine must have a standard operating procedure for taking action when any of the following happens— an automatic methane detector fitted to a machine, vehicle or plant to which any of sections 233 to 239 applies— trips the electricity supply to the machine, vehicle or plant; or stops its internal combustion engine; a methane detector mentioned in paragraph (a) , other than a methane detector fitted to a longwall shearer, fails in service; a methane detector located as required under section 242 , 243 , 243A , 243B or 244 — fails in service; or is being tested or relocated.\n(sec.250-ssec.2) The procedure must provide that, if an event mentioned in subsection (1) (a) or (b) happens in relation to a methane detector fitted to a machine or vehicle (other than a longwall shearer or armoured face conveyor) in an ERZ1, the methane detector may be temporarily overridden to allow the machine or vehicle to be moved, but only if— the general body concentration of methane around the machine or vehicle is less than 1.25%; and a portable methane detector is used to continuously monitor the concentration.\n(sec.250-ssec.3) The procedure must also provide that if an event mentioned in subsection (1) (b) happens in relation to a methane detector fitted to a longwall shearer as mentioned in section 234 , the methane detector may be temporarily overridden to allow the longwall shearer to be operated to allow movement to a secure place along the face or at the gate ends, but only if— the general body concentration of methane around the longwall shearer is less than 1.25%; and a portable methane detector is used to continuously monitor the concentration.\n(sec.250-ssec.4) The procedure must also provide that, if an event mentioned in subsection (1) (b) happens in relation to a methane detector fitted to a relevant machine or relevant vehicle (other than an armoured face conveyor) being used in a NERZ, the operator may continue to use the machine or vehicle only if— the general body concentration of methane around the machine or vehicle is less than 0.5%; and the place where the machine or vehicle is located is continuously monitored by a person using a portable methane detector.\n(sec.250-ssec.5) The procedure must also provide that, if an event mentioned in subsection (1) (c) happens in relation to a methane detector located as required under section 243 , 243A or 244 , the methane detector must be replaced or repaired immediately.\n(sec.250-ssec.6) The procedure must also provide that, if an event mentioned in subsection (1) (c) happens in relation to a methane detector located as required under section 242 or 243B — the methane detector must be replaced or repaired as soon as practicable; and for a methane detector located in an intake airway at the interface between the zones as mentioned in section 242 (1) (a) or (b) —the methane detector may be overridden temporarily to allow operations to continue in the zones until the detector is replaced or repaired, but only if the conditions mentioned in subsection (7) are complied with.\n(sec.250-ssec.7) For subsection (6) (b) , the conditions are— a person uses a portable methane detector to continuously monitor for methane— if the event involves 1 methane detector—at the location of the methane detector; or if the event involves more than 1 methane detector at an interface—by moving between the methane detectors at the interface that have failed or are being tested or relocated; and the electricity supply to the affected zones can be readily tripped when the general body concentration of methane at the location of a methane detector being monitored as required under paragraph (a) exceeds 0.5%.\n(sec.250-ssec.8) In this section— relevant machine means a machine supplied with electricity by a trailing cable. relevant vehicle means an explosion-protected vehicle powered by a battery or an internal combustion engine.\n- (a) an automatic methane detector fitted to a machine, vehicle or plant to which any of sections 233 to 239 applies— (i) trips the electricity supply to the machine, vehicle or plant; or (ii) stops its internal combustion engine;\n- (i) trips the electricity supply to the machine, vehicle or plant; or\n- (ii) stops its internal combustion engine;\n- (b) a methane detector mentioned in paragraph (a) , other than a methane detector fitted to a longwall shearer, fails in service;\n- (c) a methane detector located as required under section 242 , 243 , 243A , 243B or 244 — (i) fails in service; or (ii) is being tested or relocated.\n- (i) fails in service; or\n- (ii) is being tested or relocated.\n- (i) trips the electricity supply to the machine, vehicle or plant; or\n- (ii) stops its internal combustion engine;\n- (i) fails in service; or\n- (ii) is being tested or relocated.\n- (a) the general body concentration of methane around the machine or vehicle is less than 1.25%; and\n- (b) a portable methane detector is used to continuously monitor the concentration.\n- (a) the general body concentration of methane around the longwall shearer is less than 1.25%; and\n- (b) a portable methane detector is used to continuously monitor the concentration.\n- (a) the general body concentration of methane around the machine or vehicle is less than 0.5%; and\n- (b) the place where the machine or vehicle is located is continuously monitored by a person using a portable methane detector.\n- (a) the methane detector must be replaced or repaired as soon as practicable; and\n- (b) for a methane detector located in an intake airway at the interface between the zones as mentioned in section 242 (1) (a) or (b) —the methane detector may be overridden temporarily to allow operations to continue in the zones until the detector is replaced or repaired, but only if the conditions mentioned in subsection (7) are complied with.\n- (a) a person uses a portable methane detector to continuously monitor for methane— (i) if the event involves 1 methane detector—at the location of the methane detector; or (ii) if the event involves more than 1 methane detector at an interface—by moving between the methane detectors at the interface that have failed or are being tested or relocated; and\n- (i) if the event involves 1 methane detector—at the location of the methane detector; or\n- (ii) if the event involves more than 1 methane detector at an interface—by moving between the methane detectors at the interface that have failed or are being tested or relocated; and\n- (b) the electricity supply to the affected zones can be readily tripped when the general body concentration of methane at the location of a methane detector being monitored as required under paragraph (a) exceeds 0.5%.\n- (i) if the event involves 1 methane detector—at the location of the methane detector; or\n- (ii) if the event involves more than 1 methane detector at an interface—by moving between the methane detectors at the interface that have failed or are being tested or relocated; and","sortOrder":417},{"sectionNumber":"sec.250A","sectionType":"section","heading":"Action to be taken if automatic methane detector non-operational in roof fall","content":"### sec.250A Action to be taken if automatic methane detector non-operational in roof fall\n\nAn underground mine must have a standard operating procedure for taking action if—\na roof fall causes an automatic methane detector mentioned in section 243A to fail in service; and\nthe detector cannot be immediately replaced or repaired.\nThe procedure must provide that—\nthe automatic methane detector or the cable for the detector must be replaced or repaired as soon as practicable; and\nthe armoured face conveyor or the longwall shearer may be operated—\nonly to clear the roof fall or recover the cable for the detector; and\nonly while the conditions mentioned in subsection (3) apply.\nFor subsection (2) (b) (ii) , the conditions are—\nthe ERZ controller uses a portable methane detector to continuously monitor the general body concentration of methane in the area of the roof fall; and\nthe general body concentration of methane in the area of the roof fall is less than 1.25%; and\nthe general body concentration of methane at the longwall face and in the longwall return airway is less than 2%.\ns 250A ins 2020 SL No. 118 s 12\n(sec.250A-ssec.1) An underground mine must have a standard operating procedure for taking action if— a roof fall causes an automatic methane detector mentioned in section 243A to fail in service; and the detector cannot be immediately replaced or repaired.\n(sec.250A-ssec.2) The procedure must provide that— the automatic methane detector or the cable for the detector must be replaced or repaired as soon as practicable; and the armoured face conveyor or the longwall shearer may be operated— only to clear the roof fall or recover the cable for the detector; and only while the conditions mentioned in subsection (3) apply.\n(sec.250A-ssec.3) For subsection (2) (b) (ii) , the conditions are— the ERZ controller uses a portable methane detector to continuously monitor the general body concentration of methane in the area of the roof fall; and the general body concentration of methane in the area of the roof fall is less than 1.25%; and the general body concentration of methane at the longwall face and in the longwall return airway is less than 2%.\n- (a) a roof fall causes an automatic methane detector mentioned in section 243A to fail in service; and\n- (b) the detector cannot be immediately replaced or repaired.\n- (a) the automatic methane detector or the cable for the detector must be replaced or repaired as soon as practicable; and\n- (b) the armoured face conveyor or the longwall shearer may be operated— (i) only to clear the roof fall or recover the cable for the detector; and (ii) only while the conditions mentioned in subsection (3) apply.\n- (i) only to clear the roof fall or recover the cable for the detector; and\n- (ii) only while the conditions mentioned in subsection (3) apply.\n- (i) only to clear the roof fall or recover the cable for the detector; and\n- (ii) only while the conditions mentioned in subsection (3) apply.\n- (a) the ERZ controller uses a portable methane detector to continuously monitor the general body concentration of methane in the area of the roof fall; and\n- (b) the general body concentration of methane in the area of the roof fall is less than 1.25%; and\n- (c) the general body concentration of methane at the longwall face and in the longwall return airway is less than 2%.","sortOrder":418},{"sectionNumber":"ch.4-pt.7-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":419},{"sectionNumber":"sec.251","sectionType":"section","heading":"Record of tripping of electricity supply","content":"### sec.251 Record of tripping of electricity supply\n\nThe underground mine manager for a mine must ensure a record is kept of the day and time when an electrical supply is tripped by a methane detector used, fitted or located as required under any of sections 231 , 233 to 240 , 242 , 243A , or 244.\nThe record must be kept for 7 years after the day the electrical supply is tripped.\nSee sections 394 and 396 .\ns 251 sub 2019 SL No. 250 s 12\n(sec.251-ssec.1) The underground mine manager for a mine must ensure a record is kept of the day and time when an electrical supply is tripped by a methane detector used, fitted or located as required under any of sections 231 , 233 to 240 , 242 , 243A , or 244.\n(sec.251-ssec.2) The record must be kept for 7 years after the day the electrical supply is tripped.","sortOrder":420},{"sectionNumber":"sec.252","sectionType":"section","heading":"General back-up for gas management system","content":"### sec.252 General back-up for gas management system\n\nAn underground mine’s principal hazard management plan for gas management must provide for the use of portable gas detectors to manage risk in the event of a failure or the non-operation of the gas management system.\na non-operation caused by the repair, testing or maintenance of the system\nThe mine must have a standard operating procedure for using the portable gas detectors in the event of the failure or non-operation.\nIf the system fails or becomes non-operational, the underground mine manager for the mine must ensure coal mining operations are not carried out in the part of the mine affected by the failure or non-operation unless the part is continually monitored, using portable gas detectors, to achieve an acceptable level of risk.\ns 252 amd 2024 SL No. 167 s 31\n(sec.252-ssec.1) An underground mine’s principal hazard management plan for gas management must provide for the use of portable gas detectors to manage risk in the event of a failure or the non-operation of the gas management system. a non-operation caused by the repair, testing or maintenance of the system\n(sec.252-ssec.2) The mine must have a standard operating procedure for using the portable gas detectors in the event of the failure or non-operation.\n(sec.252-ssec.3) If the system fails or becomes non-operational, the underground mine manager for the mine must ensure coal mining operations are not carried out in the part of the mine affected by the failure or non-operation unless the part is continually monitored, using portable gas detectors, to achieve an acceptable level of risk.","sortOrder":421},{"sectionNumber":"sec.253","sectionType":"section","heading":"Withdrawal of persons in case of danger caused by failure or non-operation of gas monitoring system","content":"### sec.253 Withdrawal of persons in case of danger caused by failure or non-operation of gas monitoring system\n\nFor section 273 of the Act , a part of an underground mine is taken to be dangerous if—\nthe part is affected by the failure or non-operation of the gas monitoring system; and\nthe mine does not have—\na standard operating procedure for using portable gas detectors; or\nsufficient portable gas detectors to continually monitor the part to the extent necessary to achieve an acceptable level of risk.\n- (a) the part is affected by the failure or non-operation of the gas monitoring system; and\n- (b) the mine does not have— (i) a standard operating procedure for using portable gas detectors; or (ii) sufficient portable gas detectors to continually monitor the part to the extent necessary to achieve an acceptable level of risk.\n- (i) a standard operating procedure for using portable gas detectors; or\n- (ii) sufficient portable gas detectors to continually monitor the part to the extent necessary to achieve an acceptable level of risk.\n- (i) a standard operating procedure for using portable gas detectors; or\n- (ii) sufficient portable gas detectors to continually monitor the part to the extent necessary to achieve an acceptable level of risk.","sortOrder":422},{"sectionNumber":"ch.4-pt.8","sectionType":"part","heading":"Mechanical","content":"# Mechanical","sortOrder":423},{"sectionNumber":"ch.4-pt.8-div.1","sectionType":"division","heading":"Aluminium alloys","content":"## Aluminium alloys","sortOrder":424},{"sectionNumber":"sec.254","sectionType":"section","heading":"Using aluminium alloys underground","content":"### sec.254 Using aluminium alloys underground\n\nThe underground mine manager for an underground mine must ensure an exposed aluminium alloy is not used underground at the mine if the alloy contains more than 6% by mass of combined magnesium and titanium.\nThe underground mine manager must also ensure external rotating or reciprocating parts of plant used underground are not constructed of alloys containing more than 0.6% magnesium and titanium combined.\n(sec.254-ssec.1) The underground mine manager for an underground mine must ensure an exposed aluminium alloy is not used underground at the mine if the alloy contains more than 6% by mass of combined magnesium and titanium.\n(sec.254-ssec.2) The underground mine manager must also ensure external rotating or reciprocating parts of plant used underground are not constructed of alloys containing more than 0.6% magnesium and titanium combined.","sortOrder":425},{"sectionNumber":"sec.255","sectionType":"section","heading":"Standard operating procedure","content":"### sec.255 Standard operating procedure\n\nAn underground mine must have a standard operating procedure for the following—\nstoring, transporting, handling and using aluminium alloy objects and equipment underground;\ndisposing of aluminium alloy objects and equipment.\nWithout limiting subsection (1) , the procedure must have regard to the explosive or combustible nature of accumulated aluminium alloy dust.\n(sec.255-ssec.1) An underground mine must have a standard operating procedure for the following— storing, transporting, handling and using aluminium alloy objects and equipment underground; disposing of aluminium alloy objects and equipment.\n(sec.255-ssec.2) Without limiting subsection (1) , the procedure must have regard to the explosive or combustible nature of accumulated aluminium alloy dust.\n- (a) storing, transporting, handling and using aluminium alloy objects and equipment underground;\n- (b) disposing of aluminium alloy objects and equipment.","sortOrder":426},{"sectionNumber":"ch.4-pt.8-div.2","sectionType":"division","heading":"Conveyors","content":"## Conveyors","sortOrder":427},{"sectionNumber":"sec.256","sectionType":"section","heading":"Belt conveyors","content":"### sec.256 Belt conveyors\n\nThe site senior executive for an underground mine must ensure each belt conveyor used at the mine has the following features—\nan emergency stop system capable of being activated from any point along the length of the conveyor where persons have access;\ncertified fire resistant and antistatic conveyor belting and drum lagging.\n- (a) an emergency stop system capable of being activated from any point along the length of the conveyor where persons have access;\n- (b) certified fire resistant and antistatic conveyor belting and drum lagging.","sortOrder":428},{"sectionNumber":"sec.257","sectionType":"section","heading":"Designing, installing, inspecting and maintaining conveyors","content":"### sec.257 Designing, installing, inspecting and maintaining conveyors\n\nAn underground mine’s safety and health management system must provide for designing, installing, inspecting and maintaining conveyors used at the mine.\nThe system must provide for the circumstances in which stopped conveyors must be inspected before being restarted.\n(sec.257-ssec.1) An underground mine’s safety and health management system must provide for designing, installing, inspecting and maintaining conveyors used at the mine.\n(sec.257-ssec.2) The system must provide for the circumstances in which stopped conveyors must be inspected before being restarted.","sortOrder":429},{"sectionNumber":"sec.258","sectionType":"section","heading":"Riding on, or crossing over or under, a conveyor","content":"### sec.258 Riding on, or crossing over or under, a conveyor\n\nA person must not ride on a conveyor at an underground mine unless the conveyor is designed for the purpose.\nA person must not cross over or under a moving conveyor at an underground mine other than at a place provided for the purpose.\nThe mine’s safety and health management system must provide for protecting persons travelling under a conveyor against falling objects.\n(sec.258-ssec.1) A person must not ride on a conveyor at an underground mine unless the conveyor is designed for the purpose.\n(sec.258-ssec.2) A person must not cross over or under a moving conveyor at an underground mine other than at a place provided for the purpose.\n(sec.258-ssec.3) The mine’s safety and health management system must provide for protecting persons travelling under a conveyor against falling objects.","sortOrder":430},{"sectionNumber":"ch.4-pt.8-div.3","sectionType":"division","heading":"Stored energy","content":"## Stored energy","sortOrder":431},{"sectionNumber":"sec.259","sectionType":"section","heading":"Compressed air equipment","content":"### sec.259 Compressed air equipment\n\nAn underground mine’s safety and health management system must provide for managing risk from using compressed air underground.\nby locating compressors on the surface\nThe system must provide for the electrical bonding to earth of compressed air equipment, hoses and pipes that are likely, during operation, to develop static electrical charges capable of causing an electric shock to a person or a spark.\nventilation ducting\na hose that is not antistatic\nThis section does not apply to hoses used in the control system of a diesel engine using filtered air.\n(sec.259-ssec.1) An underground mine’s safety and health management system must provide for managing risk from using compressed air underground. by locating compressors on the surface\n(sec.259-ssec.2) The system must provide for the electrical bonding to earth of compressed air equipment, hoses and pipes that are likely, during operation, to develop static electrical charges capable of causing an electric shock to a person or a spark. ventilation ducting a hose that is not antistatic\n(sec.259-ssec.3) This section does not apply to hoses used in the control system of a diesel engine using filtered air.\n- 1 ventilation ducting\n- 2 a hose that is not antistatic","sortOrder":432},{"sectionNumber":"ch.4-pt.8-div.4","sectionType":"division","heading":"Transport","content":"## Transport","sortOrder":433},{"sectionNumber":"sec.260","sectionType":"section","heading":"Safety and health management system","content":"### sec.260 Safety and health management system\n\nAn underground mine’s safety and health management system must provide for the safe transport of persons, material and equipment at the mine.\nThe system must provide for the following—\nsecuring equipment or material carried in a compartment of a vehicle in which a person is also being carried at the mine;\nroutine testing of undiluted exhaust emissions from an internal combustion engine used underground;\nmoving, operating and parking vehicles;\nstoring fuel for vehicles;\nensuring the safety of pedestrians on roadways used by vehicles, by providing, for example, for clearances, refuges and other hazard controls;\ncarrying out a risk assessment for a vehicle before the vehicle is used at the mine, including, for example, an assessment of the following—\nthe vehicle’s impact on, and suitability for, the mine;\nthe safety of operators, passengers and other persons near the vehicle when the vehicle is in use or being parked;\nallowable loads, clearances, speeds and operating gradients for vehicles;\nperiodic inspection and testing, at intervals of not more than 8 days, of the braking systems for vehicles.\nThe system must be developed having regard to any information about hazards associated with vehicles at underground mines kept by the CEO under section 280 (1) (a) of the Act .\ns 260 amd 2020 SL No. 69 s 24 sch 1\n(sec.260-ssec.1) An underground mine’s safety and health management system must provide for the safe transport of persons, material and equipment at the mine.\n(sec.260-ssec.2) The system must provide for the following— securing equipment or material carried in a compartment of a vehicle in which a person is also being carried at the mine; routine testing of undiluted exhaust emissions from an internal combustion engine used underground; moving, operating and parking vehicles; storing fuel for vehicles; ensuring the safety of pedestrians on roadways used by vehicles, by providing, for example, for clearances, refuges and other hazard controls; carrying out a risk assessment for a vehicle before the vehicle is used at the mine, including, for example, an assessment of the following— the vehicle’s impact on, and suitability for, the mine; the safety of operators, passengers and other persons near the vehicle when the vehicle is in use or being parked; allowable loads, clearances, speeds and operating gradients for vehicles; periodic inspection and testing, at intervals of not more than 8 days, of the braking systems for vehicles.\n(sec.260-ssec.3) The system must be developed having regard to any information about hazards associated with vehicles at underground mines kept by the CEO under section 280 (1) (a) of the Act .\n- (a) securing equipment or material carried in a compartment of a vehicle in which a person is also being carried at the mine;\n- (b) routine testing of undiluted exhaust emissions from an internal combustion engine used underground;\n- (c) moving, operating and parking vehicles;\n- (d) storing fuel for vehicles;\n- (e) ensuring the safety of pedestrians on roadways used by vehicles, by providing, for example, for clearances, refuges and other hazard controls;\n- (f) carrying out a risk assessment for a vehicle before the vehicle is used at the mine, including, for example, an assessment of the following— (i) the vehicle’s impact on, and suitability for, the mine; (ii) the safety of operators, passengers and other persons near the vehicle when the vehicle is in use or being parked;\n- (i) the vehicle’s impact on, and suitability for, the mine;\n- (ii) the safety of operators, passengers and other persons near the vehicle when the vehicle is in use or being parked;\n- (g) allowable loads, clearances, speeds and operating gradients for vehicles;\n- (h) periodic inspection and testing, at intervals of not more than 8 days, of the braking systems for vehicles.\n- (i) the vehicle’s impact on, and suitability for, the mine;\n- (ii) the safety of operators, passengers and other persons near the vehicle when the vehicle is in use or being parked;","sortOrder":434},{"sectionNumber":"sec.261","sectionType":"section","heading":"Using plant powered by internal combustion engines","content":"### sec.261 Using plant powered by internal combustion engines\n\nThe underground mine manager for an underground mine must ensure plant powered by a non-explosion-protected internal combustion engine is used—\nonly in a NERZ at the mine; and\nonly if—\nthe engine is—\na compression ignition type; and\nclearly marked as a non-explosion-protected engine; and\nany hazard controls for the plant’s operation as decided by a risk assessment mentioned in section 260 (2) (f) are implemented; and\nfor plant that is mobile equipment—access by the plant into an ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.\nThe underground mine manager must ensure an internal combustion engine used to power plant in an ERZ1 is—\na compression ignition type; and\na type that has been tested by a nationally accredited testing station under AS/NZS 3584.2:2008 ‘Diesel engine systems for underground coal mines—Explosion protected’; and\nassessed by the engine’s manufacturer, having regard to the recognised standard for explosion-protected diesel engine systems, as safe to use in an ERZ1; and\nclearly marked with information identifying—\nthe test report for the test mentioned in paragraph (b) ; and\nthe assessment report for the assessment mentioned in paragraph (c) .\nThe underground mine manager must ensure an internal combustion engine is not used to power plant in an ERZ0.\n(sec.261-ssec.1) The underground mine manager for an underground mine must ensure plant powered by a non-explosion-protected internal combustion engine is used— only in a NERZ at the mine; and only if— the engine is— a compression ignition type; and clearly marked as a non-explosion-protected engine; and any hazard controls for the plant’s operation as decided by a risk assessment mentioned in section 260 (2) (f) are implemented; and for plant that is mobile equipment—access by the plant into an ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.\n(sec.261-ssec.2) The underground mine manager must ensure an internal combustion engine used to power plant in an ERZ1 is— a compression ignition type; and a type that has been tested by a nationally accredited testing station under AS/NZS 3584.2:2008 ‘Diesel engine systems for underground coal mines—Explosion protected’; and assessed by the engine’s manufacturer, having regard to the recognised standard for explosion-protected diesel engine systems, as safe to use in an ERZ1; and clearly marked with information identifying— the test report for the test mentioned in paragraph (b) ; and the assessment report for the assessment mentioned in paragraph (c) .\n(sec.261-ssec.3) The underground mine manager must ensure an internal combustion engine is not used to power plant in an ERZ0.\n- (a) only in a NERZ at the mine; and\n- (b) only if— (i) the engine is— (A) a compression ignition type; and (B) clearly marked as a non-explosion-protected engine; and (ii) any hazard controls for the plant’s operation as decided by a risk assessment mentioned in section 260 (2) (f) are implemented; and (iii) for plant that is mobile equipment—access by the plant into an ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.\n- (i) the engine is— (A) a compression ignition type; and (B) clearly marked as a non-explosion-protected engine; and\n- (A) a compression ignition type; and\n- (B) clearly marked as a non-explosion-protected engine; and\n- (ii) any hazard controls for the plant’s operation as decided by a risk assessment mentioned in section 260 (2) (f) are implemented; and\n- (iii) for plant that is mobile equipment—access by the plant into an ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.\n- (i) the engine is— (A) a compression ignition type; and (B) clearly marked as a non-explosion-protected engine; and\n- (A) a compression ignition type; and\n- (B) clearly marked as a non-explosion-protected engine; and\n- (ii) any hazard controls for the plant’s operation as decided by a risk assessment mentioned in section 260 (2) (f) are implemented; and\n- (iii) for plant that is mobile equipment—access by the plant into an ERZ1 is prevented by a system that is either fail safe or includes multiple redundancy devices.\n- (A) a compression ignition type; and\n- (B) clearly marked as a non-explosion-protected engine; and\n- (a) a compression ignition type; and\n- (b) a type that has been tested by a nationally accredited testing station under AS/NZS 3584.2:2008 ‘Diesel engine systems for underground coal mines—Explosion protected’; and\n- (c) assessed by the engine’s manufacturer, having regard to the recognised standard for explosion-protected diesel engine systems, as safe to use in an ERZ1; and\n- (d) clearly marked with information identifying— (i) the test report for the test mentioned in paragraph (b) ; and (ii) the assessment report for the assessment mentioned in paragraph (c) .\n- (i) the test report for the test mentioned in paragraph (b) ; and\n- (ii) the assessment report for the assessment mentioned in paragraph (c) .\n- (i) the test report for the test mentioned in paragraph (b) ; and\n- (ii) the assessment report for the assessment mentioned in paragraph (c) .","sortOrder":435},{"sectionNumber":"sec.262","sectionType":"section","heading":"Conveyances forming part of a train","content":"### sec.262 Conveyances forming part of a train\n\nThe site senior executive for a coal mine must ensure each coupling device of a train used to transport persons at the mine is capable of preventing the conveyance to which the device is attached from being disconnected accidentally from the train.\nThe site senior executive must also ensure the conveyance has an automatically operated safety device either in the mine or on the train, or in the mine and on the train, to prevent the conveyance’s uncontrolled movement.\n(sec.262-ssec.1) The site senior executive for a coal mine must ensure each coupling device of a train used to transport persons at the mine is capable of preventing the conveyance to which the device is attached from being disconnected accidentally from the train.\n(sec.262-ssec.2) The site senior executive must also ensure the conveyance has an automatically operated safety device either in the mine or on the train, or in the mine and on the train, to prevent the conveyance’s uncontrolled movement.","sortOrder":436},{"sectionNumber":"ch.4-pt.8-div.5","sectionType":"division","heading":"Hot work","content":"## Hot work","sortOrder":437},{"sectionNumber":"sec.263","sectionType":"section","heading":"Authorisation required for hot work","content":"### sec.263 Authorisation required for hot work\n\nA person must not carry out hot work in a place at an underground mine, other than a permanent underground workshop, unless the person is authorised by the underground mine manager to carry out the work in the place.\nThe underground mine manager must ensure the authorisation is included in the mine record for the mine.\n(sec.263-ssec.1) A person must not carry out hot work in a place at an underground mine, other than a permanent underground workshop, unless the person is authorised by the underground mine manager to carry out the work in the place.\n(sec.263-ssec.2) The underground mine manager must ensure the authorisation is included in the mine record for the mine.","sortOrder":438},{"sectionNumber":"sec.264","sectionType":"section","heading":"Notice to inspector of hot work","content":"### sec.264 Notice to inspector of hot work\n\nThe underground mine manager for an underground mine must give an inspector notice of hot work carried out at the mine, other than in a permanent underground workshop, within 7 days after the work is finished.\nThe notice must identify the risk assessment carried out, as required under the mine’s safety and health management system, for the hot work.\n(sec.264-ssec.1) The underground mine manager for an underground mine must give an inspector notice of hot work carried out at the mine, other than in a permanent underground workshop, within 7 days after the work is finished.\n(sec.264-ssec.2) The notice must identify the risk assessment carried out, as required under the mine’s safety and health management system, for the hot work.","sortOrder":439},{"sectionNumber":"sec.265","sectionType":"section","heading":"Safety and health management system for hot work","content":"### sec.265 Safety and health management system for hot work\n\nAn underground mine’s safety and health management system must provide for carrying out hot work in a place at the mine other than a permanent underground workshop.\nThe system must provide for the following—\nwhile hot work is being carried out—\ncontrolling the effects of methane inrushes; and\nkeeping the general body concentration of methane to less than 0.5%; and\nstopping work and quenching hot material if the concentration exceeds 0.5%;\ncarrying out a risk assessment before the hot work is started;\nstone dusting to at least 85% incombustible content on all roadways connected to the place for the appropriate distance decided by the risk assessment;\nposting a fire watch during and after the hot work is completed;\nrestricting access by persons, other than persons involved in the work, to the ventilation split in which the hot work is being carried out;\nreturning equipment used to carry out the hot work after the work is finished;\nkeeping a record of the hot work carried out.\nThe system must also provide for a person with a first or second class, or deputy’s, certificate of competency to—\ncarry out inspections identified as necessary under the risk assessment; and\nbe present at the place where the hot work is carried out while it is being carried out.\n(sec.265-ssec.1) An underground mine’s safety and health management system must provide for carrying out hot work in a place at the mine other than a permanent underground workshop.\n(sec.265-ssec.2) The system must provide for the following— while hot work is being carried out— controlling the effects of methane inrushes; and keeping the general body concentration of methane to less than 0.5%; and stopping work and quenching hot material if the concentration exceeds 0.5%; carrying out a risk assessment before the hot work is started; stone dusting to at least 85% incombustible content on all roadways connected to the place for the appropriate distance decided by the risk assessment; posting a fire watch during and after the hot work is completed; restricting access by persons, other than persons involved in the work, to the ventilation split in which the hot work is being carried out; returning equipment used to carry out the hot work after the work is finished; keeping a record of the hot work carried out.\n(sec.265-ssec.3) The system must also provide for a person with a first or second class, or deputy’s, certificate of competency to— carry out inspections identified as necessary under the risk assessment; and be present at the place where the hot work is carried out while it is being carried out.\n- (a) while hot work is being carried out— (i) controlling the effects of methane inrushes; and (ii) keeping the general body concentration of methane to less than 0.5%; and (iii) stopping work and quenching hot material if the concentration exceeds 0.5%;\n- (i) controlling the effects of methane inrushes; and\n- (ii) keeping the general body concentration of methane to less than 0.5%; and\n- (iii) stopping work and quenching hot material if the concentration exceeds 0.5%;\n- (b) carrying out a risk assessment before the hot work is started;\n- (c) stone dusting to at least 85% incombustible content on all roadways connected to the place for the appropriate distance decided by the risk assessment;\n- (d) posting a fire watch during and after the hot work is completed;\n- (e) restricting access by persons, other than persons involved in the work, to the ventilation split in which the hot work is being carried out;\n- (f) returning equipment used to carry out the hot work after the work is finished;\n- (g) keeping a record of the hot work carried out.\n- (i) controlling the effects of methane inrushes; and\n- (ii) keeping the general body concentration of methane to less than 0.5%; and\n- (iii) stopping work and quenching hot material if the concentration exceeds 0.5%;\n- (a) carry out inspections identified as necessary under the risk assessment; and\n- (b) be present at the place where the hot work is carried out while it is being carried out.","sortOrder":440},{"sectionNumber":"sec.266","sectionType":"section","heading":"Safety and health management system for permanent underground workshops","content":"### sec.266 Safety and health management system for permanent underground workshops\n\nAn underground mine’s safety and health management system must provide for the following for each permanent underground workshop at the mine—\nconstructing, maintaining and operating the workshop;\ncarrying out hot work in the workshop.\nThe system must provide for the following—\nrestricting the workshop location to a NERZ;\nstopping work and quenching hot material if the general body concentration of methane in the workshop exceeds 0.5%.\nThe system must also provide for a person with a first or second class, or deputy’s, certificate of competency to—\ninspect the workshop for flammable gas before hot work is started in the workshop; and\ncarry out any other inspections identified as necessary under a risk assessment.\nNothing in this section prevents another person also inspecting the workshop for methane while hot work is being carried out in the workshop.\n(sec.266-ssec.1) An underground mine’s safety and health management system must provide for the following for each permanent underground workshop at the mine— constructing, maintaining and operating the workshop; carrying out hot work in the workshop.\n(sec.266-ssec.2) The system must provide for the following— restricting the workshop location to a NERZ; stopping work and quenching hot material if the general body concentration of methane in the workshop exceeds 0.5%.\n(sec.266-ssec.3) The system must also provide for a person with a first or second class, or deputy’s, certificate of competency to— inspect the workshop for flammable gas before hot work is started in the workshop; and carry out any other inspections identified as necessary under a risk assessment.\n(sec.266-ssec.4) Nothing in this section prevents another person also inspecting the workshop for methane while hot work is being carried out in the workshop.\n- (a) constructing, maintaining and operating the workshop;\n- (b) carrying out hot work in the workshop.\n- (a) restricting the workshop location to a NERZ;\n- (b) stopping work and quenching hot material if the general body concentration of methane in the workshop exceeds 0.5%.\n- (a) inspect the workshop for flammable gas before hot work is started in the workshop; and\n- (b) carry out any other inspections identified as necessary under a risk assessment.","sortOrder":441},{"sectionNumber":"ch.4-pt.8-div.6","sectionType":"division","heading":"Winders, slope haulages and hoists","content":"## Winders, slope haulages and hoists","sortOrder":442},{"sectionNumber":"sec.267","sectionType":"section","heading":"Winders and slope haulages","content":"### sec.267 Winders and slope haulages\n\nThe site senior executive for an underground mine must ensure each winder and slope haulage used at the mine complies with this section.\nA winder or slope haulage used for carrying persons at the mine must have at least 2 independent braking systems, 1 acting directly on the drum.\nEach brake must be capable, at all times, of—\nbringing the winder, or haulage, to rest safely; and\npreventing drum movement, under balanced load conditions, when the maximum torque is applied in either direction.\nThe brakes must be designed and installed to fail to safety.\nThe winder must also have the following—\nan automatic device to prevent the winder overwinding;\na device to prevent the descending conveyance from being landed at the lowest entrance to the shaft at a speed exceeding 3.5m/s;\na device to indicate the position of each conveyance in the shaft;\nfor a manually controlled winder the speed of which is capable of exceeding 4m/s—a rope speed indicator located on the winder where the indicator can be read by the operator.\nThe slope haulage must also have the following—\nan automatic device to prevent over-travel;\na device to indicate the position of each rope hauled train of vehicles in the roadway;\nfor a manually controlled slope haulage the speed of which is capable of exceeding 2m/s—a rope speed indicator located on the slope haulage where the indicator can be read by the operator.\n(sec.267-ssec.1) The site senior executive for an underground mine must ensure each winder and slope haulage used at the mine complies with this section.\n(sec.267-ssec.2) A winder or slope haulage used for carrying persons at the mine must have at least 2 independent braking systems, 1 acting directly on the drum.\n(sec.267-ssec.3) Each brake must be capable, at all times, of— bringing the winder, or haulage, to rest safely; and preventing drum movement, under balanced load conditions, when the maximum torque is applied in either direction.\n(sec.267-ssec.4) The brakes must be designed and installed to fail to safety.\n(sec.267-ssec.5) The winder must also have the following— an automatic device to prevent the winder overwinding; a device to prevent the descending conveyance from being landed at the lowest entrance to the shaft at a speed exceeding 3.5m/s; a device to indicate the position of each conveyance in the shaft; for a manually controlled winder the speed of which is capable of exceeding 4m/s—a rope speed indicator located on the winder where the indicator can be read by the operator.\n(sec.267-ssec.6) The slope haulage must also have the following— an automatic device to prevent over-travel; a device to indicate the position of each rope hauled train of vehicles in the roadway; for a manually controlled slope haulage the speed of which is capable of exceeding 2m/s—a rope speed indicator located on the slope haulage where the indicator can be read by the operator.\n- (a) bringing the winder, or haulage, to rest safely; and\n- (b) preventing drum movement, under balanced load conditions, when the maximum torque is applied in either direction.\n- (a) an automatic device to prevent the winder overwinding;\n- (b) a device to prevent the descending conveyance from being landed at the lowest entrance to the shaft at a speed exceeding 3.5m/s;\n- (c) a device to indicate the position of each conveyance in the shaft;\n- (d) for a manually controlled winder the speed of which is capable of exceeding 4m/s—a rope speed indicator located on the winder where the indicator can be read by the operator.\n- (a) an automatic device to prevent over-travel;\n- (b) a device to indicate the position of each rope hauled train of vehicles in the roadway;\n- (c) for a manually controlled slope haulage the speed of which is capable of exceeding 2m/s—a rope speed indicator located on the slope haulage where the indicator can be read by the operator.","sortOrder":443},{"sectionNumber":"sec.268","sectionType":"section","heading":"Controls and safety devices for conveyances","content":"### sec.268 Controls and safety devices for conveyances\n\nThe site senior executive for an underground mine must ensure the headframe, or tower, of a shaft used for winding at the mine contains the following—\napparatus that is designed and installed so a conveyance or counterweight will stop safely if the conveyance is overwound;\nsafety devices that are designed and installed so a conveyance or counterweight that has been brought to rest, or detached from the winding rope, is prevented from falling down the shaft;\na way of egress to enable persons to safely leave an overwound conveyance.\nThe site senior executive must ensure the shaft contains guides for each conveyance in the shaft if there is a possibility of uncontrolled contact between—\nthe conveyances; or\na conveyance and equipment installed in the shaft; or\na conveyance and the shaft side.\nThe site senior executive must ensure each winder has—\nif the conveyance has doors—a device preventing the conveyance moving when the doors are not closed correctly; and\nsuspension equipment capable of withstanding stall conditions, or a hook, capable of detaching the ascending conveyance from the rope, if the conveyance overwinds.\n(sec.268-ssec.1) The site senior executive for an underground mine must ensure the headframe, or tower, of a shaft used for winding at the mine contains the following— apparatus that is designed and installed so a conveyance or counterweight will stop safely if the conveyance is overwound; safety devices that are designed and installed so a conveyance or counterweight that has been brought to rest, or detached from the winding rope, is prevented from falling down the shaft; a way of egress to enable persons to safely leave an overwound conveyance.\n(sec.268-ssec.2) The site senior executive must ensure the shaft contains guides for each conveyance in the shaft if there is a possibility of uncontrolled contact between— the conveyances; or a conveyance and equipment installed in the shaft; or a conveyance and the shaft side.\n(sec.268-ssec.3) The site senior executive must ensure each winder has— if the conveyance has doors—a device preventing the conveyance moving when the doors are not closed correctly; and suspension equipment capable of withstanding stall conditions, or a hook, capable of detaching the ascending conveyance from the rope, if the conveyance overwinds.\n- (a) apparatus that is designed and installed so a conveyance or counterweight will stop safely if the conveyance is overwound;\n- (b) safety devices that are designed and installed so a conveyance or counterweight that has been brought to rest, or detached from the winding rope, is prevented from falling down the shaft;\n- (c) a way of egress to enable persons to safely leave an overwound conveyance.\n- (a) the conveyances; or\n- (b) a conveyance and equipment installed in the shaft; or\n- (c) a conveyance and the shaft side.\n- (a) if the conveyance has doors—a device preventing the conveyance moving when the doors are not closed correctly; and\n- (b) suspension equipment capable of withstanding stall conditions, or a hook, capable of detaching the ascending conveyance from the rope, if the conveyance overwinds.","sortOrder":444},{"sectionNumber":"sec.269","sectionType":"section","heading":"Fire control for winders and slope haulages","content":"### sec.269 Fire control for winders and slope haulages\n\nThe site senior executive must ensure each winder and slope haulage that is not under direct supervision at the mine has suitable automatically operated fire extinguishers for extinguishing fire in the plant’s engine room.","sortOrder":445},{"sectionNumber":"sec.270","sectionType":"section","heading":"Safety devices","content":"### sec.270 Safety devices\n\nThe site senior executive for an underground mine must ensure each friction winding system at the mine has a device that causes each of the following to happen before the conveyance, counterweight or rope attachment reaches a permanent obstruction to its passage in the shaft—\nthe power to be cut off from the winder;\nthe brakes to be automatically applied to bring the winding drum or sheave to rest.\nThe site senior executive must also ensure—\neach winder has a way of automatically synchronising the conveyance’s position indicator and automatic safety devices with the conveyance’s position; and\nany synchronising adjustment is done only while the brakes are applied and the winder is stationary.\n(sec.270-ssec.1) The site senior executive for an underground mine must ensure each friction winding system at the mine has a device that causes each of the following to happen before the conveyance, counterweight or rope attachment reaches a permanent obstruction to its passage in the shaft— the power to be cut off from the winder; the brakes to be automatically applied to bring the winding drum or sheave to rest.\n(sec.270-ssec.2) The site senior executive must also ensure— each winder has a way of automatically synchronising the conveyance’s position indicator and automatic safety devices with the conveyance’s position; and any synchronising adjustment is done only while the brakes are applied and the winder is stationary.\n- (a) the power to be cut off from the winder;\n- (b) the brakes to be automatically applied to bring the winding drum or sheave to rest.\n- (a) each winder has a way of automatically synchronising the conveyance’s position indicator and automatic safety devices with the conveyance’s position; and\n- (b) any synchronising adjustment is done only while the brakes are applied and the winder is stationary.","sortOrder":446},{"sectionNumber":"sec.271","sectionType":"section","heading":"Speed","content":"### sec.271 Speed\n\nThe site senior executive for an underground mine must ensure the speed of a friction winder used at the mine does not exceed the following—\nfor raising or lowering persons—16m/s;\nfor raising or lowering material—18m/s;\nfor raising or lowering heavy machinery that causes the rope or ropes to have a safety factor of less than 6—3m/s.\nSubsection (1) does not apply if appropriate controls have been established at the mine, after a risk assessment, to achieve an acceptable level of risk in the winding operation.\n(sec.271-ssec.1) The site senior executive for an underground mine must ensure the speed of a friction winder used at the mine does not exceed the following— for raising or lowering persons—16m/s; for raising or lowering material—18m/s; for raising or lowering heavy machinery that causes the rope or ropes to have a safety factor of less than 6—3m/s.\n(sec.271-ssec.2) Subsection (1) does not apply if appropriate controls have been established at the mine, after a risk assessment, to achieve an acceptable level of risk in the winding operation.\n- (a) for raising or lowering persons—16m/s;\n- (b) for raising or lowering material—18m/s;\n- (c) for raising or lowering heavy machinery that causes the rope or ropes to have a safety factor of less than 6—3m/s.","sortOrder":447},{"sectionNumber":"sec.272","sectionType":"section","heading":"Brakes","content":"### sec.272 Brakes\n\nThe site senior executive for an underground mine must ensure the brakes on a friction winder used at the mine—\nwhen applied automatically, are not likely to cause the winding rope to slip on the driving sheave; and\napply automatically when the power to the winder fails; and\nfor a manually controlled winder—are also capable of being applied manually by the winder operator.\nThe site senior executive must also ensure the brakes apply automatically and prevent the winder’s operation if the brake linings become worn to an extent that affects the brakes’ safe operation.\n(sec.272-ssec.1) The site senior executive for an underground mine must ensure the brakes on a friction winder used at the mine— when applied automatically, are not likely to cause the winding rope to slip on the driving sheave; and apply automatically when the power to the winder fails; and for a manually controlled winder—are also capable of being applied manually by the winder operator.\n(sec.272-ssec.2) The site senior executive must also ensure the brakes apply automatically and prevent the winder’s operation if the brake linings become worn to an extent that affects the brakes’ safe operation.\n- (a) when applied automatically, are not likely to cause the winding rope to slip on the driving sheave; and\n- (b) apply automatically when the power to the winder fails; and\n- (c) for a manually controlled winder—are also capable of being applied manually by the winder operator.","sortOrder":448},{"sectionNumber":"sec.273","sectionType":"section","heading":"Operating requirements for winders, slope haulages and hoists","content":"### sec.273 Operating requirements for winders, slope haulages and hoists\n\nThe site senior executive for an underground mine must ensure—\nthe supplier of a winder, slope haulage or hoist for use at the mine is given sufficient details of the operating requirements of the plant to allow the supplier and installer to select and install appropriate plant; and\nthe plant is tested before being put into operation to verify the plant meets the operating requirements; and\na record is kept of—\nthe details given to the supplier and installer; and\nthe test results.\nIf the plant is intended to be used in excess of the operating requirements, the site senior executive must ensure a design check is carried out and any necessary modification is completed before the plant is used in excess of the operating requirements.\n(sec.273-ssec.1) The site senior executive for an underground mine must ensure— the supplier of a winder, slope haulage or hoist for use at the mine is given sufficient details of the operating requirements of the plant to allow the supplier and installer to select and install appropriate plant; and the plant is tested before being put into operation to verify the plant meets the operating requirements; and a record is kept of— the details given to the supplier and installer; and the test results.\n(sec.273-ssec.2) If the plant is intended to be used in excess of the operating requirements, the site senior executive must ensure a design check is carried out and any necessary modification is completed before the plant is used in excess of the operating requirements.\n- (a) the supplier of a winder, slope haulage or hoist for use at the mine is given sufficient details of the operating requirements of the plant to allow the supplier and installer to select and install appropriate plant; and\n- (b) the plant is tested before being put into operation to verify the plant meets the operating requirements; and\n- (c) a record is kept of— (i) the details given to the supplier and installer; and (ii) the test results.\n- (i) the details given to the supplier and installer; and\n- (ii) the test results.\n- (i) the details given to the supplier and installer; and\n- (ii) the test results.","sortOrder":449},{"sectionNumber":"sec.274","sectionType":"section","heading":"Risk assessment and controls for winders, slope haulages and hoists","content":"### sec.274 Risk assessment and controls for winders, slope haulages and hoists\n\nAn underground mine’s safety and health management system must provide for carrying out a risk assessment, and establishing and implementing controls, for the installation, operation, maintenance and testing of winders, slope haulages and hoists.","sortOrder":450},{"sectionNumber":"sec.275","sectionType":"section","heading":"Operating manually operated winder, slope haulage and hoist equipment","content":"### sec.275 Operating manually operated winder, slope haulage and hoist equipment\n\nThe site senior executive for an underground mine at which manually operated winder, slope haulage or hoist equipment is used, must ensure the mine has an appropriate number of coal mine workers who have the recognised competencies to operate the equipment.\nA person must not operate manually operated winder, slope haulage or hoist equipment at the mine unless the person—\nhas the recognised competencies for operating the equipment; and\nis appointed to operate the equipment.\n(sec.275-ssec.1) The site senior executive for an underground mine at which manually operated winder, slope haulage or hoist equipment is used, must ensure the mine has an appropriate number of coal mine workers who have the recognised competencies to operate the equipment.\n(sec.275-ssec.2) A person must not operate manually operated winder, slope haulage or hoist equipment at the mine unless the person— has the recognised competencies for operating the equipment; and is appointed to operate the equipment.\n- (a) has the recognised competencies for operating the equipment; and\n- (b) is appointed to operate the equipment.","sortOrder":451},{"sectionNumber":"sec.276","sectionType":"section","heading":"Signals code","content":"### sec.276 Signals code\n\nIf an underground mine uses signals for communicating with a plant operator, the mine’s safety and health management system must provide for the following—\na signals code;\na copy of the code to be posted—\nin the operator’s view; and\nat each other place where it is appropriate for persons to contact the operator by using the code;\na copy of the code posted at a place mentioned in paragraph (b) (ii) to be easily accessible by each coal mine worker at the mine;\neach person who may need to use the code to be aware of the code and where copies of the code are posted.\n- (a) a signals code;\n- (b) a copy of the code to be posted— (i) in the operator’s view; and (ii) at each other place where it is appropriate for persons to contact the operator by using the code;\n- (i) in the operator’s view; and\n- (ii) at each other place where it is appropriate for persons to contact the operator by using the code;\n- (c) a copy of the code posted at a place mentioned in paragraph (b) (ii) to be easily accessible by each coal mine worker at the mine;\n- (d) each person who may need to use the code to be aware of the code and where copies of the code are posted.\n- (i) in the operator’s view; and\n- (ii) at each other place where it is appropriate for persons to contact the operator by using the code;","sortOrder":452},{"sectionNumber":"sec.277","sectionType":"section","heading":"Certificates for winder and slope haulage ropes","content":"### sec.277 Certificates for winder and slope haulage ropes\n\nThe site senior executive for an underground mine must ensure a rope is not used for winder or slope haulage at the mine unless the mine has the rope manufacturer’s certificate stating the following about the rope—\nits date of manufacture;\nits tensile strength, diameter, length and mass;\nthe class of steel used in its construction.\nThe site senior executive must ensure a rope is not used for winding or slope haulage at the mine unless the rope’s tensile strength has been tested by a nationally accredited testing station.\nThe site senior executive must ensure, for a rope other than a friction winder rope—\na sample of at least 2m is cut off the end of the rope during recapping and sent to a nationally accredited testing station for testing its tensile strength; and\na certificate stating the tensile strength is obtained from the testing station.\nIf the certificate states the tensile strength is less than 90% of the rope’s tensile strength when new, the site senior executive must ensure the rope is not used for winding or slope haulage at the mine.\nFor section 68 of the Act , the certificates mentioned in subsections (1) and (3) (b) are prescribed as a matter that must be included in the mine record for the mine.\n(sec.277-ssec.1) The site senior executive for an underground mine must ensure a rope is not used for winder or slope haulage at the mine unless the mine has the rope manufacturer’s certificate stating the following about the rope— its date of manufacture; its tensile strength, diameter, length and mass; the class of steel used in its construction.\n(sec.277-ssec.2) The site senior executive must ensure a rope is not used for winding or slope haulage at the mine unless the rope’s tensile strength has been tested by a nationally accredited testing station.\n(sec.277-ssec.3) The site senior executive must ensure, for a rope other than a friction winder rope— a sample of at least 2m is cut off the end of the rope during recapping and sent to a nationally accredited testing station for testing its tensile strength; and a certificate stating the tensile strength is obtained from the testing station.\n(sec.277-ssec.4) If the certificate states the tensile strength is less than 90% of the rope’s tensile strength when new, the site senior executive must ensure the rope is not used for winding or slope haulage at the mine.\n(sec.277-ssec.5) For section 68 of the Act , the certificates mentioned in subsections (1) and (3) (b) are prescribed as a matter that must be included in the mine record for the mine.\n- (a) its date of manufacture;\n- (b) its tensile strength, diameter, length and mass;\n- (c) the class of steel used in its construction.\n- (a) a sample of at least 2m is cut off the end of the rope during recapping and sent to a nationally accredited testing station for testing its tensile strength; and\n- (b) a certificate stating the tensile strength is obtained from the testing station.","sortOrder":453},{"sectionNumber":"sec.278","sectionType":"section","heading":"Using winder and slope haulage ropes","content":"### sec.278 Using winder and slope haulage ropes\n\nThe site senior executive for an underground mine must ensure the following—\nonly rope recommended by the manufacturer for winding and slope haulage is used at the mine;\na spliced rope is used only in an endless slope haulage system;\nonly rope dressing recommended by the manufacturer of the rope or dressing is used;\nthe condition of rope used is monitored;\nthe mine’s safety and health management system provides for establishing criteria for deciding whether rope is no longer suitable for use;\nunsuitable rope is discarded.\n- (a) only rope recommended by the manufacturer for winding and slope haulage is used at the mine;\n- (b) a spliced rope is used only in an endless slope haulage system;\n- (c) only rope dressing recommended by the manufacturer of the rope or dressing is used;\n- (d) the condition of rope used is monitored;\n- (e) the mine’s safety and health management system provides for establishing criteria for deciding whether rope is no longer suitable for use;\n- (f) unsuitable rope is discarded.","sortOrder":454},{"sectionNumber":"sec.279","sectionType":"section","heading":"Safety factors for winder and slope haulage ropes","content":"### sec.279 Safety factors for winder and slope haulage ropes\n\nThe site senior executive for an underground mine must ensure each rope used at the mine has at least the following safety factor—\nfor a slope haulage rope—8;\nfor a winder rope, other than a friction winder rope—\nused for winding persons in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula—\n7.5 – 0.001L\nwhere L is the depth of the wind measured in metres; or\nused for winding materials or minerals in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula—\n5.5 – 0.0003L\nwhere L is the depth of the wind measured in metres; or\nused for winding machinery at less than 2m/s in a shaft in which persons, materials or minerals may be wound—5; or\nused for winding materials or minerals in a shaft in which only materials or minerals may be wound—4.5; or\nfor a friction winder rope used in a shaft in which persons, materials or minerals may be wound by a single rope—the safety factor worked out under the following formula—\n7.5 – 0.001L\nwhere L is the depth of the wind measured in metres;\nfor a stage rope used in shaft sinking—6.\ns 279 amd 2019 SL No. 250 s 13\n- (a) for a slope haulage rope—8;\n- (b) for a winder rope, other than a friction winder rope— (i) used for winding persons in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula— 7.5 – 0.001L where L is the depth of the wind measured in metres; or (ii) used for winding materials or minerals in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula— 5.5 – 0.0003L where L is the depth of the wind measured in metres; or (iii) used for winding machinery at less than 2m/s in a shaft in which persons, materials or minerals may be wound—5; or (iv) used for winding materials or minerals in a shaft in which only materials or minerals may be wound—4.5; or\n- (i) used for winding persons in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula— 7.5 – 0.001L where L is the depth of the wind measured in metres; or\n- (ii) used for winding materials or minerals in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula— 5.5 – 0.0003L where L is the depth of the wind measured in metres; or\n- (iii) used for winding machinery at less than 2m/s in a shaft in which persons, materials or minerals may be wound—5; or\n- (iv) used for winding materials or minerals in a shaft in which only materials or minerals may be wound—4.5; or\n- (c) for a friction winder rope used in a shaft in which persons, materials or minerals may be wound by a single rope—the safety factor worked out under the following formula— 7.5 – 0.001L where L is the depth of the wind measured in metres;\n- (d) for a stage rope used in shaft sinking—6.\n- (i) used for winding persons in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula— 7.5 – 0.001L where L is the depth of the wind measured in metres; or\n- (ii) used for winding materials or minerals in a shaft in which persons, materials or minerals may be wound—the safety factor worked out under the following formula— 5.5 – 0.0003L where L is the depth of the wind measured in metres; or\n- (iii) used for winding machinery at less than 2m/s in a shaft in which persons, materials or minerals may be wound—5; or\n- (iv) used for winding materials or minerals in a shaft in which only materials or minerals may be wound—4.5; or","sortOrder":455},{"sectionNumber":"sec.280","sectionType":"section","heading":"Attaching winder ropes to conveyance or counterweight","content":"### sec.280 Attaching winder ropes to conveyance or counterweight\n\nThe site senior executive for an underground mine must ensure each winder rope on a multi-rope winder is attached at the conveyance or counterweight by a device that loads the ropes as uniformly as practicable.\nThe site senior executive must also ensure that if the rope attachments are connected directly to the conveyance or counterweight, devices are provided to adjust rope length and indicate rope tension.\n(sec.280-ssec.1) The site senior executive for an underground mine must ensure each winder rope on a multi-rope winder is attached at the conveyance or counterweight by a device that loads the ropes as uniformly as practicable.\n(sec.280-ssec.2) The site senior executive must also ensure that if the rope attachments are connected directly to the conveyance or counterweight, devices are provided to adjust rope length and indicate rope tension.","sortOrder":456},{"sectionNumber":"sec.281","sectionType":"section","heading":"Safety and health management system","content":"### sec.281 Safety and health management system\n\nAn underground mine’s safety and health management system must provide for regular, non-destructive testing of winder or slope haulage ropes and establishing discard criteria for the ropes.","sortOrder":457},{"sectionNumber":"ch.4-pt.9","sectionType":"part","heading":"Mine design","content":"# Mine design","sortOrder":458},{"sectionNumber":"ch.4-pt.9-div.1","sectionType":"division","heading":"Mine plans","content":"## Mine plans","sortOrder":459},{"sectionNumber":"sec.282","sectionType":"section","heading":"Plan of coal mine workings","content":"### sec.282 Plan of coal mine workings\n\nThis section applies to a plan required to be kept at an underground mine under section 67 of the Act .\nThe site senior executive for the mine must ensure the plan complies with this section.\nThe scale of a hard copy plan of the mine’s underground mine workings must be 1:2500.\nThe information about the mine shown on the plan must include the following—\nthe mine’s boundaries;\nthe boundaries of the following—\nany road, railway, power line, reserve or easement on the surface that are within the mine’s boundaries;\nany creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;\nthe mine workings in the working seam;\nthe connections to the mine workings from other seams;\nany known workings of adjoining coal mines in any seam;\nthe nature, location and dimensions, as accurately as they are known, of any metallic, radioactive or other potentially harmful material left in any borehole intersecting or lying within a working seam;\nthe location of all boreholes, drifts and shafts from the surface that intersect a working seam;\nthe boundaries of the following known features that could influence the design and safety of the mine—\nsills overlying the mine workings;\nfaults, dykes and other geological structures;\nthe location of any artificial structures on the surface within the mine’s boundaries;\nthe contours of the reduced levels of the mine workings floor at intervals, of not more than 5m, as are necessary to show potential hazards at the mine;\neach survey control station plotted at its location showing the control station’s identification number and reduced level.\nThe locations mentioned in subsection (4) (g) may be shown by a numbering system if—\nthe information mentioned in the subsection can not be conveniently recorded on the plan; and\ndetails of at least the depth of the boreholes, drifts and shafts are kept in a separate record at the mine.\nIf the mine has more than 1 working seam, the site senior executive must ensure at least 1 set of plans kept at the mine is drawn on transparencies so the plans for the separate seams can be overlaid to show the relative locations of the workings in each seam.\ns 282 amd 2020 SL No. 118 s 13\n(sec.282-ssec.1) This section applies to a plan required to be kept at an underground mine under section 67 of the Act .\n(sec.282-ssec.2) The site senior executive for the mine must ensure the plan complies with this section.\n(sec.282-ssec.3) The scale of a hard copy plan of the mine’s underground mine workings must be 1:2500.\n(sec.282-ssec.4) The information about the mine shown on the plan must include the following— the mine’s boundaries; the boundaries of the following— any road, railway, power line, reserve or easement on the surface that are within the mine’s boundaries; any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine; the mine workings in the working seam; the connections to the mine workings from other seams; any known workings of adjoining coal mines in any seam; the nature, location and dimensions, as accurately as they are known, of any metallic, radioactive or other potentially harmful material left in any borehole intersecting or lying within a working seam; the location of all boreholes, drifts and shafts from the surface that intersect a working seam; the boundaries of the following known features that could influence the design and safety of the mine— sills overlying the mine workings; faults, dykes and other geological structures; the location of any artificial structures on the surface within the mine’s boundaries; the contours of the reduced levels of the mine workings floor at intervals, of not more than 5m, as are necessary to show potential hazards at the mine; each survey control station plotted at its location showing the control station’s identification number and reduced level.\n(sec.282-ssec.5) The locations mentioned in subsection (4) (g) may be shown by a numbering system if— the information mentioned in the subsection can not be conveniently recorded on the plan; and details of at least the depth of the boreholes, drifts and shafts are kept in a separate record at the mine.\n(sec.282-ssec.6) If the mine has more than 1 working seam, the site senior executive must ensure at least 1 set of plans kept at the mine is drawn on transparencies so the plans for the separate seams can be overlaid to show the relative locations of the workings in each seam.\n- (a) the mine’s boundaries;\n- (b) the boundaries of the following— (i) any road, railway, power line, reserve or easement on the surface that are within the mine’s boundaries; (ii) any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;\n- (i) any road, railway, power line, reserve or easement on the surface that are within the mine’s boundaries;\n- (ii) any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;\n- (c) the mine workings in the working seam;\n- (d) the connections to the mine workings from other seams;\n- (e) any known workings of adjoining coal mines in any seam;\n- (f) the nature, location and dimensions, as accurately as they are known, of any metallic, radioactive or other potentially harmful material left in any borehole intersecting or lying within a working seam;\n- (g) the location of all boreholes, drifts and shafts from the surface that intersect a working seam;\n- (h) the boundaries of the following known features that could influence the design and safety of the mine— (i) sills overlying the mine workings; (ii) faults, dykes and other geological structures;\n- (i) sills overlying the mine workings;\n- (ii) faults, dykes and other geological structures;\n- (i) the location of any artificial structures on the surface within the mine’s boundaries;\n- (j) the contours of the reduced levels of the mine workings floor at intervals, of not more than 5m, as are necessary to show potential hazards at the mine;\n- (k) each survey control station plotted at its location showing the control station’s identification number and reduced level.\n- (i) any road, railway, power line, reserve or easement on the surface that are within the mine’s boundaries;\n- (ii) any creek, river, watercourse, lake, sea, dam or other possible inrush source on the surface within the mine’s boundaries or on land adjacent to the mine;\n- (i) sills overlying the mine workings;\n- (ii) faults, dykes and other geological structures;\n- (a) the information mentioned in the subsection can not be conveniently recorded on the plan; and\n- (b) details of at least the depth of the boreholes, drifts and shafts are kept in a separate record at the mine.","sortOrder":460},{"sectionNumber":"sec.283","sectionType":"section","heading":"Plan of surface land","content":"### sec.283 Plan of surface land\n\nThe site senior executive for an underground mine must ensure a plan of the mine’s surface land complies with this section.\nThe scale of a hard copy of the plan must be 1:2500.\nThe information about the mine shown on the plan must include—\nthe information mentioned in section 282 (4) (a) , (b) , (g) and (i) ; and\nthe contours of the reduced levels of the surface of the land plotted at intervals of not more than 5m.\nThe locations mentioned in section 282 (4) (g) may be shown by a numbering system if—\nthe information mentioned in the subsection can not be conveniently recorded on the plan; and\ndetails of at least the depth of the boreholes, drifts and shafts are kept in a separate record at the mine.\nThe site senior executive must ensure at least 1 copy of the plan kept at the mine is drawn on a transparency so the plan can be overlaid on the plan of underground mine workings.\n(sec.283-ssec.1) The site senior executive for an underground mine must ensure a plan of the mine’s surface land complies with this section.\n(sec.283-ssec.2) The scale of a hard copy of the plan must be 1:2500.\n(sec.283-ssec.3) The information about the mine shown on the plan must include— the information mentioned in section 282 (4) (a) , (b) , (g) and (i) ; and the contours of the reduced levels of the surface of the land plotted at intervals of not more than 5m.\n(sec.283-ssec.4) The locations mentioned in section 282 (4) (g) may be shown by a numbering system if— the information mentioned in the subsection can not be conveniently recorded on the plan; and details of at least the depth of the boreholes, drifts and shafts are kept in a separate record at the mine.\n(sec.283-ssec.5) The site senior executive must ensure at least 1 copy of the plan kept at the mine is drawn on a transparency so the plan can be overlaid on the plan of underground mine workings.\n- (a) the information mentioned in section 282 (4) (a) , (b) , (g) and (i) ; and\n- (b) the contours of the reduced levels of the surface of the land plotted at intervals of not more than 5m.\n- (a) the information mentioned in the subsection can not be conveniently recorded on the plan; and\n- (b) details of at least the depth of the boreholes, drifts and shafts are kept in a separate record at the mine.","sortOrder":461},{"sectionNumber":"sec.284","sectionType":"section","heading":"Plan of surface facilities","content":"### sec.284 Plan of surface facilities\n\nThe site senior executive for an underground mine must ensure the mine has a plan of its surface facilities showing the following—\nthe location of—\neach entry to the mine workings; and\neach ventilation fan installation;\neach access road to the mine surface infrastructure;\neach surface installation, administration building and other infrastructure.\nThe site senior executive must ensure a copy of the plan is given to the following—\nthe chief inspector;\nthe accredited corporation with which the mine has a mines rescue agreement, at the corporation’s nearest office;\nthe officer in charge of the nearest police station.\n(sec.284-ssec.1) The site senior executive for an underground mine must ensure the mine has a plan of its surface facilities showing the following— the location of— each entry to the mine workings; and each ventilation fan installation; each access road to the mine surface infrastructure; each surface installation, administration building and other infrastructure.\n(sec.284-ssec.2) The site senior executive must ensure a copy of the plan is given to the following— the chief inspector; the accredited corporation with which the mine has a mines rescue agreement, at the corporation’s nearest office; the officer in charge of the nearest police station.\n- (a) the location of— (i) each entry to the mine workings; and (ii) each ventilation fan installation;\n- (i) each entry to the mine workings; and\n- (ii) each ventilation fan installation;\n- (b) each access road to the mine surface infrastructure;\n- (c) each surface installation, administration building and other infrastructure.\n- (i) each entry to the mine workings; and\n- (ii) each ventilation fan installation;\n- (a) the chief inspector;\n- (b) the accredited corporation with which the mine has a mines rescue agreement, at the corporation’s nearest office;\n- (c) the officer in charge of the nearest police station.","sortOrder":462},{"sectionNumber":"sec.285","sectionType":"section","heading":"Fire fighting and mine rescue plan","content":"### sec.285 Fire fighting and mine rescue plan\n\nThe site senior executive for an underground mine must ensure the mine has a fire fighting and mine rescue plan, complying with this section, for each of its working seams.\nAt least 1 hard copy of the plan must be—\nat a scale of 1:2500; and\ndisplayed in a location where the plan is readily observable by each underground mine worker at the mine.\nThe information shown on the plan must include the following—\nthe extent of the mine workings and connections to the surface or workings in other seams;\nthe location of the following—\nwater reticulation lines in the mine together with hydrant and valve sites;\nfire stations and depots;\nventilation control devices;\natmospheric monitoring sites, stations and sampling lines;\ncommunication lines and telephones;\ngas drainage ranges and drainage boreholes;\nstored pressure vessels;\nthe location and type of refuges;\nthe location and contents of caches of self-rescuers;\nthe direction of the ventilating air currents;\nprimary escapeways.\nThe plan must also include a longitudinal section along each extraction panel and main trunk panel showing the relationship between the underground mine workings and the surface.\nThe plan must be amended to ensure its accuracy as soon as practicable, but not later than 1 month, after a change happens in any of the things mentioned in subsection (3) .\nIf the mine has more than 1 working seam, at least 1 copy of the plan kept at the mine for each seam must be drawn on a transparency so the plans for the separate seams can be overlaid to show the relative locations of the workings in the seams.\n(sec.285-ssec.1) The site senior executive for an underground mine must ensure the mine has a fire fighting and mine rescue plan, complying with this section, for each of its working seams.\n(sec.285-ssec.2) At least 1 hard copy of the plan must be— at a scale of 1:2500; and displayed in a location where the plan is readily observable by each underground mine worker at the mine.\n(sec.285-ssec.3) The information shown on the plan must include the following— the extent of the mine workings and connections to the surface or workings in other seams; the location of the following— water reticulation lines in the mine together with hydrant and valve sites; fire stations and depots; ventilation control devices; atmospheric monitoring sites, stations and sampling lines; communication lines and telephones; gas drainage ranges and drainage boreholes; stored pressure vessels; the location and type of refuges; the location and contents of caches of self-rescuers; the direction of the ventilating air currents; primary escapeways.\n(sec.285-ssec.4) The plan must also include a longitudinal section along each extraction panel and main trunk panel showing the relationship between the underground mine workings and the surface.\n(sec.285-ssec.5) The plan must be amended to ensure its accuracy as soon as practicable, but not later than 1 month, after a change happens in any of the things mentioned in subsection (3) .\n(sec.285-ssec.6) If the mine has more than 1 working seam, at least 1 copy of the plan kept at the mine for each seam must be drawn on a transparency so the plans for the separate seams can be overlaid to show the relative locations of the workings in the seams.\n- (a) at a scale of 1:2500; and\n- (b) displayed in a location where the plan is readily observable by each underground mine worker at the mine.\n- (a) the extent of the mine workings and connections to the surface or workings in other seams;\n- (b) the location of the following— (i) water reticulation lines in the mine together with hydrant and valve sites; (ii) fire stations and depots; (iii) ventilation control devices; (iv) atmospheric monitoring sites, stations and sampling lines; (v) communication lines and telephones; (vi) gas drainage ranges and drainage boreholes; (vii) stored pressure vessels;\n- (i) water reticulation lines in the mine together with hydrant and valve sites;\n- (ii) fire stations and depots;\n- (iii) ventilation control devices;\n- (iv) atmospheric monitoring sites, stations and sampling lines;\n- (v) communication lines and telephones;\n- (vi) gas drainage ranges and drainage boreholes;\n- (vii) stored pressure vessels;\n- (c) the location and type of refuges;\n- (d) the location and contents of caches of self-rescuers;\n- (e) the direction of the ventilating air currents;\n- (f) primary escapeways.\n- (i) water reticulation lines in the mine together with hydrant and valve sites;\n- (ii) fire stations and depots;\n- (iii) ventilation control devices;\n- (iv) atmospheric monitoring sites, stations and sampling lines;\n- (v) communication lines and telephones;\n- (vi) gas drainage ranges and drainage boreholes;\n- (vii) stored pressure vessels;","sortOrder":463},{"sectionNumber":"ch.4-pt.9-div.2","sectionType":"division","heading":"Establishing and identifying explosion risk zones","content":"## Establishing and identifying explosion risk zones","sortOrder":464},{"sectionNumber":"sec.286","sectionType":"section","heading":"Risk assessment","content":"### sec.286 Risk assessment\n\nThe site senior executive for an underground mine must ensure a risk assessment is carried out to identify the location and type of each ERZ at the mine.","sortOrder":465},{"sectionNumber":"sec.287","sectionType":"section","heading":"ERZ0","content":"### sec.287 ERZ0\n\nAn underground mine, or any part of an underground mine, where the general body concentration of methane is known to be, or is identified by a risk assessment as likely to be, greater than 2%, is an ERZ0.\nAlso, a part of an underground mine being sealed is an ERZ0.\nTo remove any doubt, it is declared that, if the general body concentration of methane in a part of the mine that is an ERZ1 or NERZ becomes greater than 2%, the part becomes an ERZ0.\ns 287 amd 2020 SL No. 118 s 14\n(sec.287-ssec.1) An underground mine, or any part of an underground mine, where the general body concentration of methane is known to be, or is identified by a risk assessment as likely to be, greater than 2%, is an ERZ0.\n(sec.287-ssec.2) Also, a part of an underground mine being sealed is an ERZ0.\n(sec.287-ssec.3) To remove any doubt, it is declared that, if the general body concentration of methane in a part of the mine that is an ERZ1 or NERZ becomes greater than 2%, the part becomes an ERZ0.","sortOrder":466},{"sectionNumber":"sec.288","sectionType":"section","heading":"ERZ1","content":"### sec.288 ERZ1\n\nAn underground mine, or any part of an underground mine, where the general body concentration of methane is known to range, or is shown by a risk assessment as likely to range, from 0.5% to 2% is an ERZ1.\nAlso, each of the following places is an ERZ1—\na workplace where coal or other material is being mined, other than by brushing in an outbye location;\na place where the ventilation does not meet the requirements for ventilation mentioned in section 343 or 344 ;\na place where connections, or repairs, to a methane drainage pipeline are being carried out;\na place where holes are being drilled underground in the coal seam or adjacent strata for exploration or seam drainage;\na place, in a panel, other than a longwall panel that is being extracted, inbye the panel’s last completed cut-through;\na goaf area;\neach place on the return air side of a place mentioned in paragraphs (a) to (f) , unless the place is an ERZ0 under section 287 ;\nthe part of a single entry drive with exhaust ventilation inbye the last fixed ventilation ducting in the drive.\nSubsection (2) (a) does not apply to a workplace that is a shaft or roadway driven—\nfrom the surface in material other than coal; or\nbetween seams that are predominantly driven in material other than coal.\nIn this section—\nbrushing means removing a layer of material from the floor, roof or side of a heading or cut-through.\n(sec.288-ssec.1) An underground mine, or any part of an underground mine, where the general body concentration of methane is known to range, or is shown by a risk assessment as likely to range, from 0.5% to 2% is an ERZ1.\n(sec.288-ssec.2) Also, each of the following places is an ERZ1— a workplace where coal or other material is being mined, other than by brushing in an outbye location; a place where the ventilation does not meet the requirements for ventilation mentioned in section 343 or 344 ; a place where connections, or repairs, to a methane drainage pipeline are being carried out; a place where holes are being drilled underground in the coal seam or adjacent strata for exploration or seam drainage; a place, in a panel, other than a longwall panel that is being extracted, inbye the panel’s last completed cut-through; a goaf area; each place on the return air side of a place mentioned in paragraphs (a) to (f) , unless the place is an ERZ0 under section 287 ; the part of a single entry drive with exhaust ventilation inbye the last fixed ventilation ducting in the drive.\n(sec.288-ssec.3) Subsection (2) (a) does not apply to a workplace that is a shaft or roadway driven— from the surface in material other than coal; or between seams that are predominantly driven in material other than coal.\n(sec.288-ssec.4) In this section— brushing means removing a layer of material from the floor, roof or side of a heading or cut-through.\n- (a) a workplace where coal or other material is being mined, other than by brushing in an outbye location;\n- (b) a place where the ventilation does not meet the requirements for ventilation mentioned in section 343 or 344 ;\n- (c) a place where connections, or repairs, to a methane drainage pipeline are being carried out;\n- (d) a place where holes are being drilled underground in the coal seam or adjacent strata for exploration or seam drainage;\n- (e) a place, in a panel, other than a longwall panel that is being extracted, inbye the panel’s last completed cut-through;\n- (f) a goaf area;\n- (g) each place on the return air side of a place mentioned in paragraphs (a) to (f) , unless the place is an ERZ0 under section 287 ;\n- (h) the part of a single entry drive with exhaust ventilation inbye the last fixed ventilation ducting in the drive.\n- (a) from the surface in material other than coal; or\n- (b) between seams that are predominantly driven in material other than coal.","sortOrder":467},{"sectionNumber":"sec.289","sectionType":"section","heading":"NERZ","content":"### sec.289 NERZ\n\nAn underground mine, or any part of an underground mine, where the general body concentration of methane is known to be, or is identified by a risk assessment as likely to be, less than 0.5% is a negligible explosion risk zone (a NERZ ).\nWithout limiting subsection (1) , a part of the mine submerged by water is a NERZ.\nA NERZ may be divided into sub-zones to enable discrimination to be applied to tripping of the electricity supply to electrical circuits caused when gas detectors detect a general body concentration of methane of 0.5%.\nEach sub-zone mentioned in subsection (3) is a NERZ.\nNothing in this section prevents the underground mine manager for an underground mine from classifying a NERZ at the mine as an ERZ0 or ERZ1.\nIf an underground mine manager makes a classification under subsection (5) , the NERZ is taken, while the classification is in force, to be an ERZ of the type stated in the classification.\n(sec.289-ssec.1) An underground mine, or any part of an underground mine, where the general body concentration of methane is known to be, or is identified by a risk assessment as likely to be, less than 0.5% is a negligible explosion risk zone (a NERZ ).\n(sec.289-ssec.2) Without limiting subsection (1) , a part of the mine submerged by water is a NERZ.\n(sec.289-ssec.3) A NERZ may be divided into sub-zones to enable discrimination to be applied to tripping of the electricity supply to electrical circuits caused when gas detectors detect a general body concentration of methane of 0.5%.\n(sec.289-ssec.4) Each sub-zone mentioned in subsection (3) is a NERZ.\n(sec.289-ssec.5) Nothing in this section prevents the underground mine manager for an underground mine from classifying a NERZ at the mine as an ERZ0 or ERZ1.\n(sec.289-ssec.6) If an underground mine manager makes a classification under subsection (5) , the NERZ is taken, while the classification is in force, to be an ERZ of the type stated in the classification.","sortOrder":468},{"sectionNumber":"sec.290","sectionType":"section","heading":"Signposting of ERZ boundaries","content":"### sec.290 Signposting of ERZ boundaries\n\nSubsection (2) applies if a person or machine can physically pass through a boundary between—\na NERZ and an ERZ1; or\n2 ERZ1s; or\na NERZ and an ERZ0; or\nan ERZ1 and an ERZ0.\nThe underground mine manager for an underground mine must ensure the actual location of the boundary is signposted in each intake airway and machine access leading into—\nfor a boundary mentioned in subsection (1) (a) —the ERZ1; or\nfor a boundary mentioned in subsection (1) (b) —either of the ERZ1s; or\nfor a boundary mentioned in subsection (1) (c) or (d) —the ERZ0.\nA signpost need not be changed if—\na temporary change in conditions results in a temporary change in the boundary location; and\nappropriate precautions are taken to ensure control of persons and machines entering an ERZ affected by the change.\ns 290 amd 2019 SL No. 250 s 14\n(sec.290-ssec.1) Subsection (2) applies if a person or machine can physically pass through a boundary between— a NERZ and an ERZ1; or 2 ERZ1s; or a NERZ and an ERZ0; or an ERZ1 and an ERZ0.\n(sec.290-ssec.2) The underground mine manager for an underground mine must ensure the actual location of the boundary is signposted in each intake airway and machine access leading into— for a boundary mentioned in subsection (1) (a) —the ERZ1; or for a boundary mentioned in subsection (1) (b) —either of the ERZ1s; or for a boundary mentioned in subsection (1) (c) or (d) —the ERZ0.\n(sec.290-ssec.3) A signpost need not be changed if— a temporary change in conditions results in a temporary change in the boundary location; and appropriate precautions are taken to ensure control of persons and machines entering an ERZ affected by the change.\n- (a) a NERZ and an ERZ1; or\n- (b) 2 ERZ1s; or\n- (c) a NERZ and an ERZ0; or\n- (d) an ERZ1 and an ERZ0.\n- (a) for a boundary mentioned in subsection (1) (a) —the ERZ1; or\n- (b) for a boundary mentioned in subsection (1) (b) —either of the ERZ1s; or\n- (c) for a boundary mentioned in subsection (1) (c) or (d) —the ERZ0.\n- (a) a temporary change in conditions results in a temporary change in the boundary location; and\n- (b) appropriate precautions are taken to ensure control of persons and machines entering an ERZ affected by the change.","sortOrder":469},{"sectionNumber":"sec.290A","sectionType":"section","heading":"Controlling access to relevant ERZ0","content":"### sec.290A Controlling access to relevant ERZ0\n\nThe underground mine manager for an underground mine must secure a relevant ERZ0 in the mine to prevent unauthorised or inadvertent access to the ERZ0 by—\na pedestrian; or\na vehicle.\nIn this section—\nrelevant ERZ0 means an ERZ0 other than an ERZ0 at the edge of a goaf area in active workings.\ns 290A ins 2020 SL No. 118 s 15\n(sec.290A-ssec.1) The underground mine manager for an underground mine must secure a relevant ERZ0 in the mine to prevent unauthorised or inadvertent access to the ERZ0 by— a pedestrian; or a vehicle.\n(sec.290A-ssec.2) In this section— relevant ERZ0 means an ERZ0 other than an ERZ0 at the edge of a goaf area in active workings.\n- (a) a pedestrian; or\n- (b) a vehicle.","sortOrder":470},{"sectionNumber":"sec.291","sectionType":"section","heading":"Plan of ERZ boundaries","content":"### sec.291 Plan of ERZ boundaries\n\nIf an underground mine’s ERZ boundaries are signposted under section 290 (2) , the underground mine manager must ensure a plan showing the boundaries is displayed at the surface of the mine.\nby coloured pins\nThe underground mine manager must ensure the plan is updated at the end of each shift to reflect any changes in the boundary locations required to be signposted under section 290 .\n(sec.291-ssec.1) If an underground mine’s ERZ boundaries are signposted under section 290 (2) , the underground mine manager must ensure a plan showing the boundaries is displayed at the surface of the mine. by coloured pins\n(sec.291-ssec.2) The underground mine manager must ensure the plan is updated at the end of each shift to reflect any changes in the boundary locations required to be signposted under section 290 .","sortOrder":471},{"sectionNumber":"ch.4-pt.9-div.3","sectionType":"division","heading":"Precautions against inrushes","content":"## Precautions against inrushes","sortOrder":472},{"sectionNumber":"sec.292","sectionType":"section","heading":"Data about potential inrushes","content":"### sec.292 Data about potential inrushes\n\nIf underground mine workings may be affected by an inrush, the site senior executive for the mine must ensure the following matters are investigated and details of them kept at the mine—\nthe location and nature of the inrush source;\nthe nature and thickness of the strata, measured in any plane, separating the inrush source from the workings that may be affected;\nthe presence of any faults, dykes or boreholes in the separating strata;\nthe anticipated accuracy of the details mentioned in paragraphs (a) to (c) ;\nany other relevant data.\n- (a) the location and nature of the inrush source;\n- (b) the nature and thickness of the strata, measured in any plane, separating the inrush source from the workings that may be affected;\n- (c) the presence of any faults, dykes or boreholes in the separating strata;\n- (d) the anticipated accuracy of the details mentioned in paragraphs (a) to (c) ;\n- (e) any other relevant data.","sortOrder":473},{"sectionNumber":"sec.293","sectionType":"section","heading":"Risk assessment","content":"### sec.293 Risk assessment\n\nThis section applies if there is a risk of inrush, including, for example, from cyclonic weather conditions, flood water or a breached dam, at an underground mine.\nThe site senior executive for the mine must ensure a risk assessment is carried out to see whether the mine’s method of working and precautions adopted in the workings reduces the risk to acceptable levels.\nIf the method, or precautions, are subsequently revised, the underground mine manager for the mine must ensure a further risk assessment is carried out.\n(sec.293-ssec.1) This section applies if there is a risk of inrush, including, for example, from cyclonic weather conditions, flood water or a breached dam, at an underground mine.\n(sec.293-ssec.2) The site senior executive for the mine must ensure a risk assessment is carried out to see whether the mine’s method of working and precautions adopted in the workings reduces the risk to acceptable levels.\n(sec.293-ssec.3) If the method, or precautions, are subsequently revised, the underground mine manager for the mine must ensure a further risk assessment is carried out.","sortOrder":474},{"sectionNumber":"sec.294","sectionType":"section","heading":"Standard operating procedure","content":"### sec.294 Standard operating procedure\n\nAn underground mine must have a standard operating procedure for the method of working, and precautions to be adopted, in mine workings where an inrush source exists.\nThe standard operating procedure must be—\nupdated as often as changes are made in the method or precautions; and\ndisplayed on—\na noticeboard situated at the surface of the mine and accessible by the coal mine workers; and\na noticeboard situated underground in each area of the workings where the inrush source exists.\n(sec.294-ssec.1) An underground mine must have a standard operating procedure for the method of working, and precautions to be adopted, in mine workings where an inrush source exists.\n(sec.294-ssec.2) The standard operating procedure must be— updated as often as changes are made in the method or precautions; and displayed on— a noticeboard situated at the surface of the mine and accessible by the coal mine workers; and a noticeboard situated underground in each area of the workings where the inrush source exists.\n- (a) updated as often as changes are made in the method or precautions; and\n- (b) displayed on— (i) a noticeboard situated at the surface of the mine and accessible by the coal mine workers; and (ii) a noticeboard situated underground in each area of the workings where the inrush source exists.\n- (i) a noticeboard situated at the surface of the mine and accessible by the coal mine workers; and\n- (ii) a noticeboard situated underground in each area of the workings where the inrush source exists.\n- (i) a noticeboard situated at the surface of the mine and accessible by the coal mine workers; and\n- (ii) a noticeboard situated underground in each area of the workings where the inrush source exists.","sortOrder":475},{"sectionNumber":"sec.295","sectionType":"section","heading":"Preventing inrushes through boreholes","content":"### sec.295 Preventing inrushes through boreholes\n\nThe site senior executive for an underground mine must ensure each borehole to, through or from a coal seam at the mine is sealed off in a way that prevents an inrush happening through the borehole if—\nthe borehole is drilled after 16 March 2001; and\nthe inrush could happen if—\nthe surface around the borehole collar flooded; or\nthe borehole intersected an inrush source.\nThe site senior executive must also ensure precautions to prevent an inrush through a borehole at the mine are taken in mine workings approaching the borehole if—\nit is suspected that the borehole exists and is one through which an inrush may happen; and\nthe borehole can not be accurately located by survey or any other way.\n(sec.295-ssec.1) The site senior executive for an underground mine must ensure each borehole to, through or from a coal seam at the mine is sealed off in a way that prevents an inrush happening through the borehole if— the borehole is drilled after 16 March 2001; and the inrush could happen if— the surface around the borehole collar flooded; or the borehole intersected an inrush source.\n(sec.295-ssec.2) The site senior executive must also ensure precautions to prevent an inrush through a borehole at the mine are taken in mine workings approaching the borehole if— it is suspected that the borehole exists and is one through which an inrush may happen; and the borehole can not be accurately located by survey or any other way.\n- (a) the borehole is drilled after 16 March 2001; and\n- (b) the inrush could happen if— (i) the surface around the borehole collar flooded; or (ii) the borehole intersected an inrush source.\n- (i) the surface around the borehole collar flooded; or\n- (ii) the borehole intersected an inrush source.\n- (i) the surface around the borehole collar flooded; or\n- (ii) the borehole intersected an inrush source.\n- (a) it is suspected that the borehole exists and is one through which an inrush may happen; and\n- (b) the borehole can not be accurately located by survey or any other way.","sortOrder":476},{"sectionNumber":"ch.4-pt.9-div.4","sectionType":"division","heading":"Escapeways and refuges","content":"## Escapeways and refuges","sortOrder":477},{"sectionNumber":"sec.296","sectionType":"section","heading":"Escapeways","content":"### sec.296 Escapeways\n\nThe site senior executive for an underground mine must ensure the mine has at least 2 trafficable entrances ( escapeways ) from the surface that are separated in a way that prevents any reasonably foreseeable event happening in 1 of the escapeways affecting the ability of persons to escape through the other escapeway.\nThe site senior executive must also ensure each ERZ1 at the mine where a person works has 2 escapeways leading to the surface or a refuge.\nSubsection (2) does not apply to an ERZ1—\nwhere an inspection is being carried out under the mine’s safety and health management system and no-one else is working; or\nin a single entry drive or shaft that is being sunk.\n(sec.296-ssec.1) The site senior executive for an underground mine must ensure the mine has at least 2 trafficable entrances ( escapeways ) from the surface that are separated in a way that prevents any reasonably foreseeable event happening in 1 of the escapeways affecting the ability of persons to escape through the other escapeway.\n(sec.296-ssec.2) The site senior executive must also ensure each ERZ1 at the mine where a person works has 2 escapeways leading to the surface or a refuge.\n(sec.296-ssec.3) Subsection (2) does not apply to an ERZ1— where an inspection is being carried out under the mine’s safety and health management system and no-one else is working; or in a single entry drive or shaft that is being sunk.\n- (a) where an inspection is being carried out under the mine’s safety and health management system and no-one else is working; or\n- (b) in a single entry drive or shaft that is being sunk.","sortOrder":478},{"sectionNumber":"sec.297","sectionType":"section","heading":"Headings for intake air","content":"### sec.297 Headings for intake air\n\nThe site senior executive for an underground mine must ensure each group of main roads developed after 16 March 2001 at the mine includes at least 2 headings for intake air.","sortOrder":479},{"sectionNumber":"sec.298","sectionType":"section","heading":"Primary escapeways","content":"### sec.298 Primary escapeways\n\nThe site senior executive for an underground mine must ensure—\nat least 1 of the escapeways at the mine mentioned in section 296 (1) is—\nan intake airway or a combination of adjacent intake airways; and\ndesignated as the primary escapeway; and\nseparated, as far as practicable, from all other roadways by a separation stopping that is antistatic, fire resistant and of substantial construction providing for minimal leakage; and\nas far as practicable, free from the risk of fire; and\nfire fighting equipment is located on, or near, any equipment installed in the primary escapeway.\nFor mine workings developed after 30 June 2001, the site senior executive must ensure a roadway designated as a primary escapeway is trafficable by mechanised equipment, unless the workings are being driven as either single or 2 heading developments.\n(sec.298-ssec.1) The site senior executive for an underground mine must ensure— at least 1 of the escapeways at the mine mentioned in section 296 (1) is— an intake airway or a combination of adjacent intake airways; and designated as the primary escapeway; and separated, as far as practicable, from all other roadways by a separation stopping that is antistatic, fire resistant and of substantial construction providing for minimal leakage; and as far as practicable, free from the risk of fire; and fire fighting equipment is located on, or near, any equipment installed in the primary escapeway.\n(sec.298-ssec.2) For mine workings developed after 30 June 2001, the site senior executive must ensure a roadway designated as a primary escapeway is trafficable by mechanised equipment, unless the workings are being driven as either single or 2 heading developments.\n- (a) at least 1 of the escapeways at the mine mentioned in section 296 (1) is— (i) an intake airway or a combination of adjacent intake airways; and (ii) designated as the primary escapeway; and (iii) separated, as far as practicable, from all other roadways by a separation stopping that is antistatic, fire resistant and of substantial construction providing for minimal leakage; and (iv) as far as practicable, free from the risk of fire; and\n- (i) an intake airway or a combination of adjacent intake airways; and\n- (ii) designated as the primary escapeway; and\n- (iii) separated, as far as practicable, from all other roadways by a separation stopping that is antistatic, fire resistant and of substantial construction providing for minimal leakage; and\n- (iv) as far as practicable, free from the risk of fire; and\n- (b) fire fighting equipment is located on, or near, any equipment installed in the primary escapeway.\n- (i) an intake airway or a combination of adjacent intake airways; and\n- (ii) designated as the primary escapeway; and\n- (iii) separated, as far as practicable, from all other roadways by a separation stopping that is antistatic, fire resistant and of substantial construction providing for minimal leakage; and\n- (iv) as far as practicable, free from the risk of fire; and","sortOrder":480},{"sectionNumber":"sec.299","sectionType":"section","heading":"Safety of persons when only 1 escapeway available for use","content":"### sec.299 Safety of persons when only 1 escapeway available for use\n\nAn underground mine’s safety and health management system must provide for the safety of persons when only 1 escapeway from the mine is available for use.\nThe mine’s safety and health management system must include a standard operating procedure that provides for the safety of persons when only 1 escapeway from the mine is available for use.\nThe standard operating procedure may provide for the undertaking of activities underground only if the activities are solely connected with—\nensuring the safety of the mine or persons at the mine; or\nrestoring an escapeway.\n(sec.299-ssec.1) An underground mine’s safety and health management system must provide for the safety of persons when only 1 escapeway from the mine is available for use.\n(sec.299-ssec.2) The mine’s safety and health management system must include a standard operating procedure that provides for the safety of persons when only 1 escapeway from the mine is available for use.\n(sec.299-ssec.3) The standard operating procedure may provide for the undertaking of activities underground only if the activities are solely connected with— ensuring the safety of the mine or persons at the mine; or restoring an escapeway.\n- (a) ensuring the safety of the mine or persons at the mine; or\n- (b) restoring an escapeway.","sortOrder":481},{"sectionNumber":"ch.4-pt.10","sectionType":"part","heading":"Mining operations","content":"# Mining operations","sortOrder":482},{"sectionNumber":"ch.4-pt.10-div.1","sectionType":"division","heading":"Coal dust explosion prevention and control","content":"## Coal dust explosion prevention and control","sortOrder":483},{"sectionNumber":"sec.299A","sectionType":"section","heading":"Application of division","content":"### sec.299A Application of division\n\nThis division does not apply to a drift or shaft being driven from the surface in material other than coal.","sortOrder":484},{"sectionNumber":"sec.300","sectionType":"section","heading":"General","content":"### sec.300 General\n\nAn underground mine’s safety and health management system must provide for the following—\nminimising the risk of coal dust explosion;\nsuppressing coal dust explosion and limiting its propagation to other parts of the mine, including by installing and maintaining explosion barriers as required under section 303A .\nThe system must provide for the following—\nlimiting coal dust generation, including its generation by mining machines, coal crushers and coal conveyors and at conveyor transfer points;\nsuppressing, collecting and removing airborne coal dust;\nlimiting coal dust accumulation on roadway and other surfaces on mine roadways;\nremoving excessive coal dust accumulations in roadway and other surfaces in mine roadways;\ndeciding the stonedust or other explosion inhibitor application rate necessary to minimise the risk of a coal dust explosion.\nThe mine must have a standard operating procedure for the following—\nregularly inspecting, sampling and analysing roadway dust layers, including laboratory analysis for incombustible material content;\napplying stonedust or another explosion inhibitor for suppressing coal dust explosion.\nThe procedure must provide for the dust sampling and analysis mentioned in subsection (3) (a) to be carried out at least at the following intervals—\nfor a strip or spot sample of dust mentioned in section 301 (1) (a) or (b) —weekly;\nfor a strip sample of dust mentioned in section 301 (1) (a) , (b) , (c) or (d) —monthly;\nfor a strip sample of dust mentioned in section 301 (1) (e) —every third month.\nThe procedure must also provide for the analysis of each sample mentioned in subsection (4) (b) or (c) to be carried out in a laboratory.\ns 300 amd 2020 SL No. 221 s 4\n(sec.300-ssec.1) An underground mine’s safety and health management system must provide for the following— minimising the risk of coal dust explosion; suppressing coal dust explosion and limiting its propagation to other parts of the mine, including by installing and maintaining explosion barriers as required under section 303A .\n(sec.300-ssec.2) The system must provide for the following— limiting coal dust generation, including its generation by mining machines, coal crushers and coal conveyors and at conveyor transfer points; suppressing, collecting and removing airborne coal dust; limiting coal dust accumulation on roadway and other surfaces on mine roadways; removing excessive coal dust accumulations in roadway and other surfaces in mine roadways; deciding the stonedust or other explosion inhibitor application rate necessary to minimise the risk of a coal dust explosion.\n(sec.300-ssec.3) The mine must have a standard operating procedure for the following— regularly inspecting, sampling and analysing roadway dust layers, including laboratory analysis for incombustible material content; applying stonedust or another explosion inhibitor for suppressing coal dust explosion.\n(sec.300-ssec.4) The procedure must provide for the dust sampling and analysis mentioned in subsection (3) (a) to be carried out at least at the following intervals— for a strip or spot sample of dust mentioned in section 301 (1) (a) or (b) —weekly; for a strip sample of dust mentioned in section 301 (1) (a) , (b) , (c) or (d) —monthly; for a strip sample of dust mentioned in section 301 (1) (e) —every third month.\n(sec.300-ssec.5) The procedure must also provide for the analysis of each sample mentioned in subsection (4) (b) or (c) to be carried out in a laboratory.\n- (a) minimising the risk of coal dust explosion;\n- (b) suppressing coal dust explosion and limiting its propagation to other parts of the mine, including by installing and maintaining explosion barriers as required under section 303A .\n- (a) limiting coal dust generation, including its generation by mining machines, coal crushers and coal conveyors and at conveyor transfer points;\n- (b) suppressing, collecting and removing airborne coal dust;\n- (c) limiting coal dust accumulation on roadway and other surfaces on mine roadways;\n- (d) removing excessive coal dust accumulations in roadway and other surfaces in mine roadways;\n- (e) deciding the stonedust or other explosion inhibitor application rate necessary to minimise the risk of a coal dust explosion.\n- (a) regularly inspecting, sampling and analysing roadway dust layers, including laboratory analysis for incombustible material content;\n- (b) applying stonedust or another explosion inhibitor for suppressing coal dust explosion.\n- (a) for a strip or spot sample of dust mentioned in section 301 (1) (a) or (b) —weekly;\n- (b) for a strip sample of dust mentioned in section 301 (1) (a) , (b) , (c) or (d) —monthly;\n- (c) for a strip sample of dust mentioned in section 301 (1) (e) —every third month.","sortOrder":485},{"sectionNumber":"sec.301","sectionType":"section","heading":"Incombustible material content for mine roadway dust","content":"### sec.301 Incombustible material content for mine roadway dust\n\nThe underground mine manager for an underground mine must ensure the content of incombustible material in roadway dust at the mine is kept at or above the following concentration level—\nfor dust in a panel roadway within 200m outbye the last completed line of cut-throughs in the panel—85%;\nfor dust in a 200m section of panel roadway within 400m of a longwall face—85%;\nfor dust in a panel roadway within 200m from the main roadway, if paragraphs (a) and (b) do not apply to the 200m section of the roadway—80%;\nfor dust in a return roadway not mentioned in paragraphs (a) to (c) —80%;\nfor dust in an intake roadway not mentioned in paragraphs (a) to (d) —70%.\nThe underground mine manager must also ensure—\neach 50m length of a roadway that is being driven at the mine is stonedusted, or treated with another coal dust explosion inhibitor immediately after the length is driven; and\neach part of the roadway is stonedusted or treated with another coal dust explosion inhibitor within 24 hours after the part is driven.\nSubsections (1) and (2) do not apply to dust in a roadway where there is a sufficient natural make of water associated with the mining operation to prevent a coal dust explosion.\nAlso, subsection (1) does not apply to dust in a part of the mine mentioned in the subsection if—\nan explosion inhibitor, including, for example, a chemical, is used as a coal dust suppressant in combination with stonedust in the part; and\na physical test, other than a laboratory test, of the combination carried out by a nationally accredited testing station has shown the combination to effectively suppress a coal dust explosion.\n(sec.301-ssec.1) The underground mine manager for an underground mine must ensure the content of incombustible material in roadway dust at the mine is kept at or above the following concentration level— for dust in a panel roadway within 200m outbye the last completed line of cut-throughs in the panel—85%; for dust in a 200m section of panel roadway within 400m of a longwall face—85%; for dust in a panel roadway within 200m from the main roadway, if paragraphs (a) and (b) do not apply to the 200m section of the roadway—80%; for dust in a return roadway not mentioned in paragraphs (a) to (c) —80%; for dust in an intake roadway not mentioned in paragraphs (a) to (d) —70%.\n(sec.301-ssec.2) The underground mine manager must also ensure— each 50m length of a roadway that is being driven at the mine is stonedusted, or treated with another coal dust explosion inhibitor immediately after the length is driven; and each part of the roadway is stonedusted or treated with another coal dust explosion inhibitor within 24 hours after the part is driven.\n(sec.301-ssec.3) Subsections (1) and (2) do not apply to dust in a roadway where there is a sufficient natural make of water associated with the mining operation to prevent a coal dust explosion.\n(sec.301-ssec.4) Also, subsection (1) does not apply to dust in a part of the mine mentioned in the subsection if— an explosion inhibitor, including, for example, a chemical, is used as a coal dust suppressant in combination with stonedust in the part; and a physical test, other than a laboratory test, of the combination carried out by a nationally accredited testing station has shown the combination to effectively suppress a coal dust explosion.\n- (a) for dust in a panel roadway within 200m outbye the last completed line of cut-throughs in the panel—85%;\n- (b) for dust in a 200m section of panel roadway within 400m of a longwall face—85%;\n- (c) for dust in a panel roadway within 200m from the main roadway, if paragraphs (a) and (b) do not apply to the 200m section of the roadway—80%;\n- (d) for dust in a return roadway not mentioned in paragraphs (a) to (c) —80%;\n- (e) for dust in an intake roadway not mentioned in paragraphs (a) to (d) —70%.\n- (a) each 50m length of a roadway that is being driven at the mine is stonedusted, or treated with another coal dust explosion inhibitor immediately after the length is driven; and\n- (b) each part of the roadway is stonedusted or treated with another coal dust explosion inhibitor within 24 hours after the part is driven.\n- (a) an explosion inhibitor, including, for example, a chemical, is used as a coal dust suppressant in combination with stonedust in the part; and\n- (b) a physical test, other than a laboratory test, of the combination carried out by a nationally accredited testing station has shown the combination to effectively suppress a coal dust explosion.","sortOrder":486},{"sectionNumber":"sec.302","sectionType":"section","heading":"Action to be taken if incombustible material content not met","content":"### sec.302 Action to be taken if incombustible material content not met\n\nThis section applies if an analysis of a dust sample from an underground mine shows the dust does not comply with the incombustible material content for the dust stated in section 301 (1) .\nThe underground mine manager for the mine must ensure—\nthe area from which the sample was taken is re-treated with stonedust or another explosion inhibitor within the following period after the underground mine manager receives the analysis result—\nfor dust mentioned in section 301 (1) (a) , (b) or (c) —12 hours;\nfor dust mentioned in section 301 (1) (d) or (e) —7 days; and\na record is kept of the date and time when the area was re-treated.\nThe underground mine manager must ensure the ERZ controller for the area is given notice of the analysis result.\n(sec.302-ssec.1) This section applies if an analysis of a dust sample from an underground mine shows the dust does not comply with the incombustible material content for the dust stated in section 301 (1) .\n(sec.302-ssec.2) The underground mine manager for the mine must ensure— the area from which the sample was taken is re-treated with stonedust or another explosion inhibitor within the following period after the underground mine manager receives the analysis result— for dust mentioned in section 301 (1) (a) , (b) or (c) —12 hours; for dust mentioned in section 301 (1) (d) or (e) —7 days; and a record is kept of the date and time when the area was re-treated.\n(sec.302-ssec.3) The underground mine manager must ensure the ERZ controller for the area is given notice of the analysis result.\n- (a) the area from which the sample was taken is re-treated with stonedust or another explosion inhibitor within the following period after the underground mine manager receives the analysis result— (i) for dust mentioned in section 301 (1) (a) , (b) or (c) —12 hours; (ii) for dust mentioned in section 301 (1) (d) or (e) —7 days; and\n- (i) for dust mentioned in section 301 (1) (a) , (b) or (c) —12 hours;\n- (ii) for dust mentioned in section 301 (1) (d) or (e) —7 days; and\n- (b) a record is kept of the date and time when the area was re-treated.\n- (i) for dust mentioned in section 301 (1) (a) , (b) or (c) —12 hours;\n- (ii) for dust mentioned in section 301 (1) (d) or (e) —7 days; and","sortOrder":487},{"sectionNumber":"sec.303","sectionType":"section","heading":"Record of roadway dust sampling","content":"### sec.303 Record of roadway dust sampling\n\nThe underground mine manager for an underground mine must ensure a record is kept of the following for each roadway dust sample taken at the mine—\nthe date the sample was taken;\nthe location from which the sample was taken;\nthe sample’s incombustible material content;\nthe method used for analysing the sample.\nThe underground mine manager must also ensure the sample’s incombustible material content result is marked on a mine plan showing the boundaries of the mine ERZ locations as soon as practicable after the underground mine manager receives the result.\n(sec.303-ssec.1) The underground mine manager for an underground mine must ensure a record is kept of the following for each roadway dust sample taken at the mine— the date the sample was taken; the location from which the sample was taken; the sample’s incombustible material content; the method used for analysing the sample.\n(sec.303-ssec.2) The underground mine manager must also ensure the sample’s incombustible material content result is marked on a mine plan showing the boundaries of the mine ERZ locations as soon as practicable after the underground mine manager receives the result.\n- (a) the date the sample was taken;\n- (b) the location from which the sample was taken;\n- (c) the sample’s incombustible material content;\n- (d) the method used for analysing the sample.","sortOrder":488},{"sectionNumber":"sec.303A","sectionType":"section","heading":"Explosion barriers","content":"### sec.303A Explosion barriers\n\nThe underground mine manager for an underground mine must ensure—\nexplosion barriers are installed and maintained in the part of each of the following roadways within an ERZ1 in a part of the mine where coal is being extracted—\na return roadway;\na single entry drive;\na roadway in which a coal conveyor is installed; or\nexplosion barriers that are active barriers, devices or systems are installed and maintained on plant within an ERZ1 in a part of the mine where coal is being extracted in a way that would prevent the propagation of a coal dust explosion to a place mentioned in paragraph (a) .\nThe underground mine manager must also ensure explosion barriers are installed and maintained in a place in the mine, other than a place at which an explosion barrier is installed and maintained in compliance with subsection (1) , identified by a risk assessment for the mine.\nhomotropal conveyor roadways and return bleeder roadways not within an ERZ1 in a part of the mine where coal is being extracted\nIn this section—\nexplosion barrier means—\na barrier, device or system constructed, installed and maintained in compliance with a recognised standard for barriers, devices or systems known as explosion barriers; or\nanother barrier, device or system that achieves a level of risk that is equal to or better than the acceptable level of risk achieved by a barrier, device or system mentioned in paragraph (a) .\ns 303A ins 2020 SL No. 221 s 5\namd 2021 SL No. 186 s 3\n(sec.303A-ssec.1) The underground mine manager for an underground mine must ensure— explosion barriers are installed and maintained in the part of each of the following roadways within an ERZ1 in a part of the mine where coal is being extracted— a return roadway; a single entry drive; a roadway in which a coal conveyor is installed; or explosion barriers that are active barriers, devices or systems are installed and maintained on plant within an ERZ1 in a part of the mine where coal is being extracted in a way that would prevent the propagation of a coal dust explosion to a place mentioned in paragraph (a) .\n(sec.303A-ssec.2) The underground mine manager must also ensure explosion barriers are installed and maintained in a place in the mine, other than a place at which an explosion barrier is installed and maintained in compliance with subsection (1) , identified by a risk assessment for the mine. homotropal conveyor roadways and return bleeder roadways not within an ERZ1 in a part of the mine where coal is being extracted\n(sec.303A-ssec.3) In this section— explosion barrier means— a barrier, device or system constructed, installed and maintained in compliance with a recognised standard for barriers, devices or systems known as explosion barriers; or another barrier, device or system that achieves a level of risk that is equal to or better than the acceptable level of risk achieved by a barrier, device or system mentioned in paragraph (a) .\n- (a) explosion barriers are installed and maintained in the part of each of the following roadways within an ERZ1 in a part of the mine where coal is being extracted— (i) a return roadway; (ii) a single entry drive; (iii) a roadway in which a coal conveyor is installed; or\n- (i) a return roadway;\n- (ii) a single entry drive;\n- (iii) a roadway in which a coal conveyor is installed; or\n- (b) explosion barriers that are active barriers, devices or systems are installed and maintained on plant within an ERZ1 in a part of the mine where coal is being extracted in a way that would prevent the propagation of a coal dust explosion to a place mentioned in paragraph (a) .\n- (i) a return roadway;\n- (ii) a single entry drive;\n- (iii) a roadway in which a coal conveyor is installed; or\n- (a) a barrier, device or system constructed, installed and maintained in compliance with a recognised standard for barriers, devices or systems known as explosion barriers; or\n- (b) another barrier, device or system that achieves a level of risk that is equal to or better than the acceptable level of risk achieved by a barrier, device or system mentioned in paragraph (a) .","sortOrder":489},{"sectionNumber":"ch.4-pt.10-div.2","sectionType":"division","heading":"Inspections under safety and health management system","content":"## Inspections under safety and health management system","sortOrder":490},{"sectionNumber":"sec.304","sectionType":"section","heading":"Application of division","content":"### sec.304 Application of division\n\nThis division applies only to an inspection carried out under an underground mine’s safety and health management system.","sortOrder":491},{"sectionNumber":"sec.305","sectionType":"section","heading":"Appointment of persons to carry out inspections","content":"### sec.305 Appointment of persons to carry out inspections\n\nThe underground mine manager for the mine, in writing, may appoint a person to carry out an inspection at the mine only if the person is competent to carry out the inspection.\nThe appointment does not prevent the person having other duties at the mine that do not affect the person’s ability to carry out the inspection in a thorough and timely way.\n(sec.305-ssec.1) The underground mine manager for the mine, in writing, may appoint a person to carry out an inspection at the mine only if the person is competent to carry out the inspection.\n(sec.305-ssec.2) The appointment does not prevent the person having other duties at the mine that do not affect the person’s ability to carry out the inspection in a thorough and timely way.","sortOrder":492},{"sectionNumber":"sec.306","sectionType":"section","heading":"Who may carry out inspections","content":"### sec.306 Who may carry out inspections\n\nA person may carry out an inspection only if the person is—\nappointed under section 305 to carry the inspection out; or\nfor an inspection of an ERZ—the ERZ controller for the zone.\n- (a) appointed under section 305 to carry the inspection out; or\n- (b) for an inspection of an ERZ—the ERZ controller for the zone.","sortOrder":493},{"sectionNumber":"sec.307","sectionType":"section","heading":"ERZ controller must carry out regular periodic inspections of explosion risk zones","content":"### sec.307 ERZ controller must carry out regular periodic inspections of explosion risk zones\n\nThe ERZ controller for an ERZ must carry out a regular periodic inspection of the zone.\nBefore carrying out a regular periodic inspection, the ERZ controller must—\nread the record of the latest regular periodic inspection findings; and\nacknowledge, in writing, on the record, that the ERZ controller has read the record.\n(sec.307-ssec.1) The ERZ controller for an ERZ must carry out a regular periodic inspection of the zone.\n(sec.307-ssec.2) Before carrying out a regular periodic inspection, the ERZ controller must— read the record of the latest regular periodic inspection findings; and acknowledge, in writing, on the record, that the ERZ controller has read the record.\n- (a) read the record of the latest regular periodic inspection findings; and\n- (b) acknowledge, in writing, on the record, that the ERZ controller has read the record.","sortOrder":494},{"sectionNumber":"sec.308","sectionType":"section","heading":"Duties of persons carrying out inspections—generally","content":"### sec.308 Duties of persons carrying out inspections—generally\n\nA person carrying out an inspection at an underground mine must do the following—\nif practicable, ensure anything that is found to be unsafe is made safe immediately;\nif the thing can not be made safe immediately, take all practicable steps to ensure each person in any part of the mine whose safety may be threatened by the unsafe thing is given immediate notification of the unsafe thing;\nerect a barrier to prevent persons from unknowingly entering a place where the unsafe thing exists;\nif necessary, ensure—\noperations in any part of the mine where a person’s safety is threatened by the unsafe thing are stopped; and\neach person in the part of the mine is withdrawn to a safe location.\nAs soon as practicable after carrying out the inspection, the person must ensure a record is made of the following—\nany readings, required by the mine’s safety and health management system, taken during the inspection;\nthe details of any unsafe thing found during the inspection;\nany action taken to make the unsafe thing safe;\nwhether the unsafe thing was made safe.\nIf an unsafe thing is not made safe by the end of the shift in which the inspection was made, the person must—\ntell the person’s immediate supervisor; and\ngive notice of the matter to the following persons—\npersons on the next shift, who may enter, travel or work in the part of the mine where the unsafe thing exists;\npersons who are required to make similar inspections during the next shift.\n(sec.308-ssec.1) A person carrying out an inspection at an underground mine must do the following— if practicable, ensure anything that is found to be unsafe is made safe immediately; if the thing can not be made safe immediately, take all practicable steps to ensure each person in any part of the mine whose safety may be threatened by the unsafe thing is given immediate notification of the unsafe thing; erect a barrier to prevent persons from unknowingly entering a place where the unsafe thing exists; if necessary, ensure— operations in any part of the mine where a person’s safety is threatened by the unsafe thing are stopped; and each person in the part of the mine is withdrawn to a safe location.\n(sec.308-ssec.2) As soon as practicable after carrying out the inspection, the person must ensure a record is made of the following— any readings, required by the mine’s safety and health management system, taken during the inspection; the details of any unsafe thing found during the inspection; any action taken to make the unsafe thing safe; whether the unsafe thing was made safe.\n(sec.308-ssec.3) If an unsafe thing is not made safe by the end of the shift in which the inspection was made, the person must— tell the person’s immediate supervisor; and give notice of the matter to the following persons— persons on the next shift, who may enter, travel or work in the part of the mine where the unsafe thing exists; persons who are required to make similar inspections during the next shift.\n- (a) if practicable, ensure anything that is found to be unsafe is made safe immediately;\n- (b) if the thing can not be made safe immediately, take all practicable steps to ensure each person in any part of the mine whose safety may be threatened by the unsafe thing is given immediate notification of the unsafe thing;\n- (c) erect a barrier to prevent persons from unknowingly entering a place where the unsafe thing exists;\n- (d) if necessary, ensure— (i) operations in any part of the mine where a person’s safety is threatened by the unsafe thing are stopped; and (ii) each person in the part of the mine is withdrawn to a safe location.\n- (i) operations in any part of the mine where a person’s safety is threatened by the unsafe thing are stopped; and\n- (ii) each person in the part of the mine is withdrawn to a safe location.\n- (i) operations in any part of the mine where a person’s safety is threatened by the unsafe thing are stopped; and\n- (ii) each person in the part of the mine is withdrawn to a safe location.\n- (a) any readings, required by the mine’s safety and health management system, taken during the inspection;\n- (b) the details of any unsafe thing found during the inspection;\n- (c) any action taken to make the unsafe thing safe;\n- (d) whether the unsafe thing was made safe.\n- (a) tell the person’s immediate supervisor; and\n- (b) give notice of the matter to the following persons— (i) persons on the next shift, who may enter, travel or work in the part of the mine where the unsafe thing exists; (ii) persons who are required to make similar inspections during the next shift.\n- (i) persons on the next shift, who may enter, travel or work in the part of the mine where the unsafe thing exists;\n- (ii) persons who are required to make similar inspections during the next shift.\n- (i) persons on the next shift, who may enter, travel or work in the part of the mine where the unsafe thing exists;\n- (ii) persons who are required to make similar inspections during the next shift.","sortOrder":495},{"sectionNumber":"sec.309","sectionType":"section","heading":"Safety and health management system","content":"### sec.309 Safety and health management system\n\nAn underground mine’s safety and health management system must provide for inspections, including, for example, the following—\nsubject to section 306 , who may carry out the inspections;\nthe competencies required by a person to carry out an inspection;\nthe appointment of a sufficient number of persons to carry out inspections.\nThe system must include a standard operating procedure for the inspections.\nThe procedure must include—\na risk assessment of the types of activities taking place, and the potential hazards, at the mine; and\nprovision for the following—\nthe matters relating to safety and health to be covered in each inspection, including the matters stated in schedule 5 that are relevant to the inspection;\nrecording inspection findings;\ntaking action as a result of the inspection findings, including, for example, the following—\nmaking things safe;\nclosing the entry to a dangerous part of the mine or removing persons from the part.\nThe procedure must include a schedule of when inspections, including regular periodic inspections, must be carried out.\nUntil the standard operating procedure is implemented, an inspection must be carried out having regard to the frequency stated in a recognised standard for the inspection.\n(sec.309-ssec.1) An underground mine’s safety and health management system must provide for inspections, including, for example, the following— subject to section 306 , who may carry out the inspections; the competencies required by a person to carry out an inspection; the appointment of a sufficient number of persons to carry out inspections.\n(sec.309-ssec.2) The system must include a standard operating procedure for the inspections.\n(sec.309-ssec.3) The procedure must include— a risk assessment of the types of activities taking place, and the potential hazards, at the mine; and provision for the following— the matters relating to safety and health to be covered in each inspection, including the matters stated in schedule 5 that are relevant to the inspection; recording inspection findings; taking action as a result of the inspection findings, including, for example, the following— making things safe; closing the entry to a dangerous part of the mine or removing persons from the part.\n(sec.309-ssec.4) The procedure must include a schedule of when inspections, including regular periodic inspections, must be carried out.\n(sec.309-ssec.5) Until the standard operating procedure is implemented, an inspection must be carried out having regard to the frequency stated in a recognised standard for the inspection.\n- (a) subject to section 306 , who may carry out the inspections;\n- (b) the competencies required by a person to carry out an inspection;\n- (c) the appointment of a sufficient number of persons to carry out inspections.\n- (a) a risk assessment of the types of activities taking place, and the potential hazards, at the mine; and\n- (b) provision for the following— (i) the matters relating to safety and health to be covered in each inspection, including the matters stated in schedule 5 that are relevant to the inspection; (ii) recording inspection findings; (iii) taking action as a result of the inspection findings, including, for example, the following— (A) making things safe; (B) closing the entry to a dangerous part of the mine or removing persons from the part.\n- (i) the matters relating to safety and health to be covered in each inspection, including the matters stated in schedule 5 that are relevant to the inspection;\n- (ii) recording inspection findings;\n- (iii) taking action as a result of the inspection findings, including, for example, the following— (A) making things safe; (B) closing the entry to a dangerous part of the mine or removing persons from the part.\n- (A) making things safe;\n- (B) closing the entry to a dangerous part of the mine or removing persons from the part.\n- (i) the matters relating to safety and health to be covered in each inspection, including the matters stated in schedule 5 that are relevant to the inspection;\n- (ii) recording inspection findings;\n- (iii) taking action as a result of the inspection findings, including, for example, the following— (A) making things safe; (B) closing the entry to a dangerous part of the mine or removing persons from the part.\n- (A) making things safe;\n- (B) closing the entry to a dangerous part of the mine or removing persons from the part.\n- (A) making things safe;\n- (B) closing the entry to a dangerous part of the mine or removing persons from the part.","sortOrder":496},{"sectionNumber":"sec.310","sectionType":"section","heading":"Notice of inspection result","content":"### sec.310 Notice of inspection result\n\nImmediately after completing an inspection of an inspection district, the ERZ controller who carried out the inspection must ensure a notice of the inspection result is placed on a noticeboard located at the outbye boundary of the district.\nThe notice must state the following—\nthe date and time of the inspection;\nthe date and time after which the inspection stops being effective;\nwhether or not the inspection district was found to be safe.\nThis section does not apply—\nin an emergency; or\nto parts of an underground mine that have been sealed and are being re-entered by a mines rescue team.\n(sec.310-ssec.1) Immediately after completing an inspection of an inspection district, the ERZ controller who carried out the inspection must ensure a notice of the inspection result is placed on a noticeboard located at the outbye boundary of the district.\n(sec.310-ssec.2) The notice must state the following— the date and time of the inspection; the date and time after which the inspection stops being effective; whether or not the inspection district was found to be safe.\n(sec.310-ssec.3) This section does not apply— in an emergency; or to parts of an underground mine that have been sealed and are being re-entered by a mines rescue team.\n- (a) the date and time of the inspection;\n- (b) the date and time after which the inspection stops being effective;\n- (c) whether or not the inspection district was found to be safe.\n- (a) in an emergency; or\n- (b) to parts of an underground mine that have been sealed and are being re-entered by a mines rescue team.","sortOrder":497},{"sectionNumber":"sec.311","sectionType":"section","heading":"Action to be taken if inspection not carried out when required under a standard operating procedure","content":"### sec.311 Action to be taken if inspection not carried out when required under a standard operating procedure\n\nThis section applies if, for any reason, an inspection of a part of an underground mine, or plant at the mine, is not carried out when required under a standard operating procedure for the inspection.\nUntil the inspection is completed and the part of the mine, or plant, is found to be safe, the person carrying out the inspection must ensure—\nfor an inspection of part of the mine—the part is closed to access by persons; or\nfor an inspection of plant—the plant is not used.\n(sec.311-ssec.1) This section applies if, for any reason, an inspection of a part of an underground mine, or plant at the mine, is not carried out when required under a standard operating procedure for the inspection.\n(sec.311-ssec.2) Until the inspection is completed and the part of the mine, or plant, is found to be safe, the person carrying out the inspection must ensure— for an inspection of part of the mine—the part is closed to access by persons; or for an inspection of plant—the plant is not used.\n- (a) for an inspection of part of the mine—the part is closed to access by persons; or\n- (b) for an inspection of plant—the plant is not used.","sortOrder":498},{"sectionNumber":"sec.312","sectionType":"section","heading":"Inspection districts","content":"### sec.312 Inspection districts\n\nThis section applies to the part of an underground mine—\nthat a person may enter, travel or work in, whether or not the part is currently being used for work or travel; or\nin which a hazardous activity is taking place.\nFor carrying out regular periodic inspections of the part, the underground mine manager for the mine must divide the part into districts ( inspection districts ) having regard to the following for each district—\nthe types of activities taking place and the hazards likely to be present;\nthe inspection district’s appropriate size, to allow sufficient time for the district to be inspected adequately.\n(sec.312-ssec.1) This section applies to the part of an underground mine— that a person may enter, travel or work in, whether or not the part is currently being used for work or travel; or in which a hazardous activity is taking place.\n(sec.312-ssec.2) For carrying out regular periodic inspections of the part, the underground mine manager for the mine must divide the part into districts ( inspection districts ) having regard to the following for each district— the types of activities taking place and the hazards likely to be present; the inspection district’s appropriate size, to allow sufficient time for the district to be inspected adequately.\n- (a) that a person may enter, travel or work in, whether or not the part is currently being used for work or travel; or\n- (b) in which a hazardous activity is taking place.\n- (a) the types of activities taking place and the hazards likely to be present;\n- (b) the inspection district’s appropriate size, to allow sufficient time for the district to be inspected adequately.","sortOrder":499},{"sectionNumber":"sec.313","sectionType":"section","heading":"Inspection district boundaries","content":"### sec.313 Inspection district boundaries\n\nThe underground mine manager for an underground mine must ensure the boundaries of each inspection district at the mine are defined in a way that they can be recognised easily by each coal mine worker at the mine.\nWithout limiting subsection (1) , the underground mine manager must ensure the boundaries are shown on—\na plan of the mine on which the inspection district is clearly marked; and\na noticeboard located at the outbye boundary of the district.\nThe underground mine manager may define the boundaries of an inspection district differently for different shifts, or different days of the week, or both, having regard to the nature of the work being carried out in the district during the shift or on the day.\n(sec.313-ssec.1) The underground mine manager for an underground mine must ensure the boundaries of each inspection district at the mine are defined in a way that they can be recognised easily by each coal mine worker at the mine.\n(sec.313-ssec.2) Without limiting subsection (1) , the underground mine manager must ensure the boundaries are shown on— a plan of the mine on which the inspection district is clearly marked; and a noticeboard located at the outbye boundary of the district.\n(sec.313-ssec.3) The underground mine manager may define the boundaries of an inspection district differently for different shifts, or different days of the week, or both, having regard to the nature of the work being carried out in the district during the shift or on the day.\n- (a) a plan of the mine on which the inspection district is clearly marked; and\n- (b) a noticeboard located at the outbye boundary of the district.","sortOrder":500},{"sectionNumber":"sec.314","sectionType":"section","heading":"Notice of entry to inspection district","content":"### sec.314 Notice of entry to inspection district\n\nA person must not enter an inspection district without notifying the ERZ controller for each ERZ1 in the district.\nThis section does not apply—\nin an emergency; or\nto parts of an underground mine that have been sealed and are being re-entered by a mines rescue team; or\nto a person who is merely travelling through the district to access another part of the mine.\n(sec.314-ssec.1) A person must not enter an inspection district without notifying the ERZ controller for each ERZ1 in the district.\n(sec.314-ssec.2) This section does not apply— in an emergency; or to parts of an underground mine that have been sealed and are being re-entered by a mines rescue team; or to a person who is merely travelling through the district to access another part of the mine.\n- (a) in an emergency; or\n- (b) to parts of an underground mine that have been sealed and are being re-entered by a mines rescue team; or\n- (c) to a person who is merely travelling through the district to access another part of the mine.","sortOrder":501},{"sectionNumber":"sec.315","sectionType":"section","heading":"ERZ controller must be present during mining in ERZ1","content":"### sec.315 ERZ controller must be present during mining in ERZ1\n\nThe ERZ controller for an ERZ1 must be present in the zone whenever coal or stone is being mined, or strata control activities are being carried out, in the zone.\nSubsection (1) does not apply if the controller is—\nin an adjacent ERZ0 for which the controller has been appointed; or\ninspecting plant, in a NERZ, in the immediate vicinity of the ERZ1.\n(sec.315-ssec.1) The ERZ controller for an ERZ1 must be present in the zone whenever coal or stone is being mined, or strata control activities are being carried out, in the zone.\n(sec.315-ssec.2) Subsection (1) does not apply if the controller is— in an adjacent ERZ0 for which the controller has been appointed; or inspecting plant, in a NERZ, in the immediate vicinity of the ERZ1.\n- (a) in an adjacent ERZ0 for which the controller has been appointed; or\n- (b) inspecting plant, in a NERZ, in the immediate vicinity of the ERZ1.","sortOrder":502},{"sectionNumber":"sec.316","sectionType":"section","heading":"Prohibition on entering uninspected part of mine","content":"### sec.316 Prohibition on entering uninspected part of mine\n\nA person must not enter or remain in a part of an underground mine that has not been inspected and declared to be safe, unless the person is carrying out an inspection under the Act , including under this regulation.\nThis section does not apply—\nin an emergency; or\nto a part of the mine that has been sealed and is being re-entered by a mines rescue team.\n(sec.316-ssec.1) A person must not enter or remain in a part of an underground mine that has not been inspected and declared to be safe, unless the person is carrying out an inspection under the Act , including under this regulation.\n(sec.316-ssec.2) This section does not apply— in an emergency; or to a part of the mine that has been sealed and is being re-entered by a mines rescue team.\n- (a) in an emergency; or\n- (b) to a part of the mine that has been sealed and is being re-entered by a mines rescue team.","sortOrder":503},{"sectionNumber":"ch.4-pt.10-div.3","sectionType":"division","heading":"Second workings","content":"## Second workings","sortOrder":504},{"sectionNumber":"sec.317","sectionType":"section","heading":"Risk assessment","content":"### sec.317 Risk assessment\n\nThe underground mine manager for an underground mine must ensure a risk assessment is carried out under this section to decide a safe method of extraction for second workings at the mine before the second workings start.\nThe risk assessment must have regard to at least the following matters—\nany surface features, artificial structures and water reserves that may create a hazard if disturbed by the workings;\nany other workings located in close proximity above, below or adjacent to the proposed second workings, whether in the same or an adjacent mine;\nthe known geology affecting the intended workings;\nthe anticipated gas make;\nthe pillar stability;\nthe proposed method and sequence of coal extraction;\nthe proposed methods for the following—\nstrata control and support;\nventilation;\ncontrolling spontaneous combustion;\nsupport methods necessary to control the edges of each goaf area in active workings;\nthe suitability of the plant, and its controls, used for the workings.\n(sec.317-ssec.1) The underground mine manager for an underground mine must ensure a risk assessment is carried out under this section to decide a safe method of extraction for second workings at the mine before the second workings start.\n(sec.317-ssec.2) The risk assessment must have regard to at least the following matters— any surface features, artificial structures and water reserves that may create a hazard if disturbed by the workings; any other workings located in close proximity above, below or adjacent to the proposed second workings, whether in the same or an adjacent mine; the known geology affecting the intended workings; the anticipated gas make; the pillar stability; the proposed method and sequence of coal extraction; the proposed methods for the following— strata control and support; ventilation; controlling spontaneous combustion; support methods necessary to control the edges of each goaf area in active workings; the suitability of the plant, and its controls, used for the workings.\n- (a) any surface features, artificial structures and water reserves that may create a hazard if disturbed by the workings;\n- (b) any other workings located in close proximity above, below or adjacent to the proposed second workings, whether in the same or an adjacent mine;\n- (c) the known geology affecting the intended workings;\n- (d) the anticipated gas make;\n- (e) the pillar stability;\n- (f) the proposed method and sequence of coal extraction;\n- (g) the proposed methods for the following— (i) strata control and support; (ii) ventilation; (iii) controlling spontaneous combustion;\n- (i) strata control and support;\n- (ii) ventilation;\n- (iii) controlling spontaneous combustion;\n- (h) support methods necessary to control the edges of each goaf area in active workings;\n- (i) the suitability of the plant, and its controls, used for the workings.\n- (i) strata control and support;\n- (ii) ventilation;\n- (iii) controlling spontaneous combustion;","sortOrder":505},{"sectionNumber":"sec.318","sectionType":"section","heading":"Standard operating procedure","content":"### sec.318 Standard operating procedure\n\nAn underground mine must have a standard operating procedure for carrying out second workings.\nThe procedure must be based on the results of the risk assessment mentioned in section 317 .\nThe mine must have a separate procedure for each panel in the mine.\nHowever, if the hazards in each panel in a group of panels are the same, the mine may have a standard operating procedure for the group.\nThe procedure must provide for establishing—\nmethods for the following—\ncoal extraction;\nstrata control and support;\nventilation;\ncontrolling spontaneous combustion;\nmonitoring and recording extraction progress; and\nthe coal extraction sequence.\n(sec.318-ssec.1) An underground mine must have a standard operating procedure for carrying out second workings.\n(sec.318-ssec.2) The procedure must be based on the results of the risk assessment mentioned in section 317 .\n(sec.318-ssec.3) The mine must have a separate procedure for each panel in the mine.\n(sec.318-ssec.4) However, if the hazards in each panel in a group of panels are the same, the mine may have a standard operating procedure for the group.\n(sec.318-ssec.5) The procedure must provide for establishing— methods for the following— coal extraction; strata control and support; ventilation; controlling spontaneous combustion; monitoring and recording extraction progress; and the coal extraction sequence.\n- (a) methods for the following— (i) coal extraction; (ii) strata control and support; (iii) ventilation; (iv) controlling spontaneous combustion; (v) monitoring and recording extraction progress; and\n- (i) coal extraction;\n- (ii) strata control and support;\n- (iii) ventilation;\n- (iv) controlling spontaneous combustion;\n- (v) monitoring and recording extraction progress; and\n- (b) the coal extraction sequence.\n- (i) coal extraction;\n- (ii) strata control and support;\n- (iii) ventilation;\n- (iv) controlling spontaneous combustion;\n- (v) monitoring and recording extraction progress; and","sortOrder":506},{"sectionNumber":"sec.319","sectionType":"section","heading":"Changing standard operating procedure","content":"### sec.319 Changing standard operating procedure\n\nThis section applies to an underground mine if—\nthe conditions or hazards in a panel, or group of panels, in the mine changes significantly while coal is being extracted in the panel or group in second workings; or\nit is proposed to significantly change a method for the workings established under section 318 (5) (a) .\nIf subsection (1) (a) applies—\nthe underground mine manager for the mine must ensure a risk assessment for the workings is carried out as soon as practicable after the change happens; and\nthe standard operating procedure for carrying out the workings in the panel, or group of panels, must be reviewed and, based on the risk assessment, amended, if necessary.\nIf subsection (1) (b) applies, before the change is implemented—\nthe underground mine manager for the mine must ensure a risk assessment is carried out for the proposed change; and\nthe standard operating procedure for carrying out the workings must be amended, if necessary, based on the risk assessment.\n(sec.319-ssec.1) This section applies to an underground mine if— the conditions or hazards in a panel, or group of panels, in the mine changes significantly while coal is being extracted in the panel or group in second workings; or it is proposed to significantly change a method for the workings established under section 318 (5) (a) .\n(sec.319-ssec.2) If subsection (1) (a) applies— the underground mine manager for the mine must ensure a risk assessment for the workings is carried out as soon as practicable after the change happens; and the standard operating procedure for carrying out the workings in the panel, or group of panels, must be reviewed and, based on the risk assessment, amended, if necessary.\n(sec.319-ssec.3) If subsection (1) (b) applies, before the change is implemented— the underground mine manager for the mine must ensure a risk assessment is carried out for the proposed change; and the standard operating procedure for carrying out the workings must be amended, if necessary, based on the risk assessment.\n- (a) the conditions or hazards in a panel, or group of panels, in the mine changes significantly while coal is being extracted in the panel or group in second workings; or\n- (b) it is proposed to significantly change a method for the workings established under section 318 (5) (a) .\n- (a) the underground mine manager for the mine must ensure a risk assessment for the workings is carried out as soon as practicable after the change happens; and\n- (b) the standard operating procedure for carrying out the workings in the panel, or group of panels, must be reviewed and, based on the risk assessment, amended, if necessary.\n- (a) the underground mine manager for the mine must ensure a risk assessment is carried out for the proposed change; and\n- (b) the standard operating procedure for carrying out the workings must be amended, if necessary, based on the risk assessment.","sortOrder":507},{"sectionNumber":"sec.320","sectionType":"section","heading":"Notices to inspector","content":"### sec.320 Notices to inspector\n\nBefore second workings are started at an underground mine, the site senior executive for the mine must give an inspector notice about the proposed second workings.\nBefore the mine’s standard operating procedure for second workings is significantly changed, the site senior executive must give an inspector a copy of—\nthe report on the risk assessment carried out under section 319 (3) (a) for the change; and\nthe proposed standard operating procedure.\nDespite subsection (2) , the site senior executive may change the standard operating procedure before giving an inspector the documents mentioned in the subsection if—\nthe procedure needs to be changed immediately because of prevailing mining conditions; and\nimmediately after the change is made, the underground mine manager for the mine notifies an inspector about the circumstances and details of the change; and\nas soon as practicable after the change is made, the site senior executive gives an inspector the documents mentioned in the subsection.\nIn this section—\nsignificant change , for a standard operating procedure for second workings, means a change that is likely to significantly affect the ventilation, stability, subsidence or extraction sequence of the workings.\n(sec.320-ssec.1) Before second workings are started at an underground mine, the site senior executive for the mine must give an inspector notice about the proposed second workings.\n(sec.320-ssec.2) Before the mine’s standard operating procedure for second workings is significantly changed, the site senior executive must give an inspector a copy of— the report on the risk assessment carried out under section 319 (3) (a) for the change; and the proposed standard operating procedure.\n(sec.320-ssec.3) Despite subsection (2) , the site senior executive may change the standard operating procedure before giving an inspector the documents mentioned in the subsection if— the procedure needs to be changed immediately because of prevailing mining conditions; and immediately after the change is made, the underground mine manager for the mine notifies an inspector about the circumstances and details of the change; and as soon as practicable after the change is made, the site senior executive gives an inspector the documents mentioned in the subsection.\n(sec.320-ssec.4) In this section— significant change , for a standard operating procedure for second workings, means a change that is likely to significantly affect the ventilation, stability, subsidence or extraction sequence of the workings.\n- (a) the report on the risk assessment carried out under section 319 (3) (a) for the change; and\n- (b) the proposed standard operating procedure.\n- (a) the procedure needs to be changed immediately because of prevailing mining conditions; and\n- (b) immediately after the change is made, the underground mine manager for the mine notifies an inspector about the circumstances and details of the change; and\n- (c) as soon as practicable after the change is made, the site senior executive gives an inspector the documents mentioned in the subsection.","sortOrder":508},{"sectionNumber":"ch.4-pt.10-div.4","sectionType":"division","heading":"Strata control","content":"## Strata control","sortOrder":509},{"sectionNumber":"sec.321","sectionType":"section","heading":"Stability of mine workings","content":"### sec.321 Stability of mine workings\n\nAn underground mine’s safety and health management system must provide for ensuring the stability of mine workings.\nThe system must provide for the following—\ninvestigating factors affecting the stability of mine workings;\nkeeping a record at the mine of the data used and calculations made in deciding—\npillar strength and stability; and\nstrata support requirements.\n(sec.321-ssec.1) An underground mine’s safety and health management system must provide for ensuring the stability of mine workings.\n(sec.321-ssec.2) The system must provide for the following— investigating factors affecting the stability of mine workings; keeping a record at the mine of the data used and calculations made in deciding— pillar strength and stability; and strata support requirements.\n- (a) investigating factors affecting the stability of mine workings;\n- (b) keeping a record at the mine of the data used and calculations made in deciding— (i) pillar strength and stability; and (ii) strata support requirements.\n- (i) pillar strength and stability; and\n- (ii) strata support requirements.\n- (i) pillar strength and stability; and\n- (ii) strata support requirements.","sortOrder":510},{"sectionNumber":"sec.322","sectionType":"section","heading":"Preventing dangerous subsidence","content":"### sec.322 Preventing dangerous subsidence\n\nThis section applies if coal extraction at an underground mine is likely to cause subsidence resulting in an unacceptable level of risk.\nThe site senior executive for the mine must ensure—\nthe amount of coal extracted does not cause the subsidence; and\nappropriate measures are taken to ensure the long-term stability of the surface.\nleaving blocks of the coal seam, of sufficient dimensions, unmined\n(sec.322-ssec.1) This section applies if coal extraction at an underground mine is likely to cause subsidence resulting in an unacceptable level of risk.\n(sec.322-ssec.2) The site senior executive for the mine must ensure— the amount of coal extracted does not cause the subsidence; and appropriate measures are taken to ensure the long-term stability of the surface. leaving blocks of the coal seam, of sufficient dimensions, unmined\n- (a) the amount of coal extracted does not cause the subsidence; and\n- (b) appropriate measures are taken to ensure the long-term stability of the surface. Example of appropriate measures— leaving blocks of the coal seam, of sufficient dimensions, unmined","sortOrder":511},{"sectionNumber":"sec.323","sectionType":"section","heading":"Strata support for workings","content":"### sec.323 Strata support for workings\n\nThis section applies if an investigation of factors affecting the stability of mine workings shows strata support is required for a working place to prevent danger to a person from otherwise uncontrolled movement of the roof, ribs or floor of the working place.\nThe underground mine manager for the mine must ensure—\nsuitable strata support methods are designed and implemented for the working place; and\nplans showing the support arrangement in the working place are displayed on noticeboards mentioned in section 178 (1) .\nThe mine must have a standard operating procedure for installing the strata support.\nA person must not enter the working place unless—\nthe strata support has been installed; or\nthe person is supervising, or engaged in, its installation.\nIf strata instability in the working place creates an unacceptable level of risk to a person installing the strata support, the underground mine manager must ensure sufficient temporary support is installed to achieve an acceptable level of risk.\n(sec.323-ssec.1) This section applies if an investigation of factors affecting the stability of mine workings shows strata support is required for a working place to prevent danger to a person from otherwise uncontrolled movement of the roof, ribs or floor of the working place.\n(sec.323-ssec.2) The underground mine manager for the mine must ensure— suitable strata support methods are designed and implemented for the working place; and plans showing the support arrangement in the working place are displayed on noticeboards mentioned in section 178 (1) .\n(sec.323-ssec.3) The mine must have a standard operating procedure for installing the strata support.\n(sec.323-ssec.4) A person must not enter the working place unless— the strata support has been installed; or the person is supervising, or engaged in, its installation.\n(sec.323-ssec.5) If strata instability in the working place creates an unacceptable level of risk to a person installing the strata support, the underground mine manager must ensure sufficient temporary support is installed to achieve an acceptable level of risk.\n- (a) suitable strata support methods are designed and implemented for the working place; and\n- (b) plans showing the support arrangement in the working place are displayed on noticeboards mentioned in section 178 (1) .\n- (a) the strata support has been installed; or\n- (b) the person is supervising, or engaged in, its installation.","sortOrder":512},{"sectionNumber":"sec.324","sectionType":"section","heading":"Monitoring strata support","content":"### sec.324 Monitoring strata support\n\nAn underground mine’s safety and health management system must provide for—\nmonitoring the effectiveness and integrity of strata support in each place used by a person for normal work or normal travel; and\nmaintaining the integrity of the strata support, including, for example, by replacing defective supports.\nIn this section—\nnormal travel means travel carried out other than in an emergency.\ns 324 amd 2020 SL No. 118 s 16\n(sec.324-ssec.1) An underground mine’s safety and health management system must provide for— monitoring the effectiveness and integrity of strata support in each place used by a person for normal work or normal travel; and maintaining the integrity of the strata support, including, for example, by replacing defective supports.\n(sec.324-ssec.2) In this section— normal travel means travel carried out other than in an emergency.\n- (a) monitoring the effectiveness and integrity of strata support in each place used by a person for normal work or normal travel; and\n- (b) maintaining the integrity of the strata support, including, for example, by replacing defective supports.","sortOrder":513},{"sectionNumber":"ch.4-pt.10-div.5","sectionType":"division","heading":"Routine and emergency sealing","content":"## Routine and emergency sealing","sortOrder":514},{"sectionNumber":"sec.325","sectionType":"section","heading":"Types of seals for mine entrances and other parts of mine","content":"### sec.325 Types of seals for mine entrances and other parts of mine\n\nThe underground mine manager for an underground mine must ensure each seal installed at an entrance from the surface to the underground mine is a type E seal.\nThe underground mine manager must ensure each seal installed in any other part of the mine is—\nif the level of naturally occurring flammable gas at the mine is insufficient to reach the lower explosive limit for the gas under any circumstances—a type B seal; or\nif persons remain underground when an explosive atmosphere exists and there is a possibility of spontaneous combustion or incendive spark or other ignition source—a type D seal; or\notherwise—a type C seal.\nNothing in this section prevents a type E seal from also being designed for pressure relief for an overpressure of more than 70kPa.\nIn this section—\ntype B seal means a ventilation control device capable of withstanding an overpressure of 35kPa.\ntype C seal means a ventilation control device capable of withstanding an overpressure of 140kPa.\ntype D seal means a ventilation control device capable of withstanding an overpressure of 345kPa.\ntype E seal means a ventilation control device capable of withstanding an overpressure of 70kPa.\n(sec.325-ssec.1) The underground mine manager for an underground mine must ensure each seal installed at an entrance from the surface to the underground mine is a type E seal.\n(sec.325-ssec.2) The underground mine manager must ensure each seal installed in any other part of the mine is— if the level of naturally occurring flammable gas at the mine is insufficient to reach the lower explosive limit for the gas under any circumstances—a type B seal; or if persons remain underground when an explosive atmosphere exists and there is a possibility of spontaneous combustion or incendive spark or other ignition source—a type D seal; or otherwise—a type C seal.\n(sec.325-ssec.3) Nothing in this section prevents a type E seal from also being designed for pressure relief for an overpressure of more than 70kPa.\n(sec.325-ssec.4) In this section— type B seal means a ventilation control device capable of withstanding an overpressure of 35kPa. type C seal means a ventilation control device capable of withstanding an overpressure of 140kPa. type D seal means a ventilation control device capable of withstanding an overpressure of 345kPa. type E seal means a ventilation control device capable of withstanding an overpressure of 70kPa.\n- (a) if the level of naturally occurring flammable gas at the mine is insufficient to reach the lower explosive limit for the gas under any circumstances—a type B seal; or\n- (b) if persons remain underground when an explosive atmosphere exists and there is a possibility of spontaneous combustion or incendive spark or other ignition source—a type D seal; or\n- (c) otherwise—a type C seal.","sortOrder":515},{"sectionNumber":"sec.326","sectionType":"section","heading":"Notice of intention to seal mine","content":"### sec.326 Notice of intention to seal mine\n\nAt least 30 days before an underground mine, or part of an underground mine, is sealed, the underground mine manager for the mine must give notice of the proposed sealing to—\nan inspector; and\nan industry, or site, safety and health representative for the mine.\nThe notice must state the following, based on a risk assessment process—\nthe proposed sealing procedure;\nthe proposed location of the seals in the mine;\nthe area of the mine proposed to be sealed;\nany evidence of ignition sources being present in the area to be sealed;\npredictions of the rates at which methane and other gases will accumulate in the sealed area;\nthe gas monitoring procedures to be carried out during and after the sealing.\nDespite subsection (1) , the underground mine manager may, with the inspector’s written agreement, give the notice to the inspector less than 30 days before the proposed sealing.\nThis section does not apply to sealing the mine in an emergency.\n(sec.326-ssec.1) At least 30 days before an underground mine, or part of an underground mine, is sealed, the underground mine manager for the mine must give notice of the proposed sealing to— an inspector; and an industry, or site, safety and health representative for the mine.\n(sec.326-ssec.2) The notice must state the following, based on a risk assessment process— the proposed sealing procedure; the proposed location of the seals in the mine; the area of the mine proposed to be sealed; any evidence of ignition sources being present in the area to be sealed; predictions of the rates at which methane and other gases will accumulate in the sealed area; the gas monitoring procedures to be carried out during and after the sealing.\n(sec.326-ssec.3) Despite subsection (1) , the underground mine manager may, with the inspector’s written agreement, give the notice to the inspector less than 30 days before the proposed sealing.\n(sec.326-ssec.4) This section does not apply to sealing the mine in an emergency.\n- (a) an inspector; and\n- (b) an industry, or site, safety and health representative for the mine.\n- (a) the proposed sealing procedure;\n- (b) the proposed location of the seals in the mine;\n- (c) the area of the mine proposed to be sealed;\n- (d) any evidence of ignition sources being present in the area to be sealed;\n- (e) predictions of the rates at which methane and other gases will accumulate in the sealed area;\n- (f) the gas monitoring procedures to be carried out during and after the sealing.","sortOrder":516},{"sectionNumber":"sec.327","sectionType":"section","heading":"Sealing underground mine","content":"### sec.327 Sealing underground mine\n\nThe underground mine manager for an underground mine must ensure the mine, or part of the mine, is not sealed unless—\nthe underground mine manager has given notice of the proposed sealing under section 326 ; and\nthe inspector to whom the notice was given has given the underground mine manager a written acknowledgement that the inspector is satisfied with the details of the proposed sealing given in the notice.\nThe underground mine manager must ensure the mine, or part, is sealed in the way acknowledged by the inspector.\nThis section does not apply to sealing the mine in an emergency.\n(sec.327-ssec.1) The underground mine manager for an underground mine must ensure the mine, or part of the mine, is not sealed unless— the underground mine manager has given notice of the proposed sealing under section 326 ; and the inspector to whom the notice was given has given the underground mine manager a written acknowledgement that the inspector is satisfied with the details of the proposed sealing given in the notice.\n(sec.327-ssec.2) The underground mine manager must ensure the mine, or part, is sealed in the way acknowledged by the inspector.\n(sec.327-ssec.3) This section does not apply to sealing the mine in an emergency.\n- (a) the underground mine manager has given notice of the proposed sealing under section 326 ; and\n- (b) the inspector to whom the notice was given has given the underground mine manager a written acknowledgement that the inspector is satisfied with the details of the proposed sealing given in the notice.","sortOrder":517},{"sectionNumber":"sec.328","sectionType":"section","heading":"Changing sealing method","content":"### sec.328 Changing sealing method\n\nThis section applies if it becomes impracticable for sealing an underground mine, or part of an underground mine, to be carried out in the way proposed for the sealing in a notice given under section 326 .\nThe underground mine manager for the mine must—\ntake reasonable steps to notify an inspector and an industry, or site, safety and health representative of the changes from the proposed way; and\nif the notification is given orally, confirm the notice in writing as soon as practicable.\n(sec.328-ssec.1) This section applies if it becomes impracticable for sealing an underground mine, or part of an underground mine, to be carried out in the way proposed for the sealing in a notice given under section 326 .\n(sec.328-ssec.2) The underground mine manager for the mine must— take reasonable steps to notify an inspector and an industry, or site, safety and health representative of the changes from the proposed way; and if the notification is given orally, confirm the notice in writing as soon as practicable.\n- (a) take reasonable steps to notify an inspector and an industry, or site, safety and health representative of the changes from the proposed way; and\n- (b) if the notification is given orally, confirm the notice in writing as soon as practicable.","sortOrder":518},{"sectionNumber":"sec.329","sectionType":"section","heading":"Emergency sealing","content":"### sec.329 Emergency sealing\n\nThis section applies if an underground mine, or part of an underground mine, needs to be sealed in an emergency.\nThe underground mine manager for the mine must—\nimmediately notify an inspector and an industry, or site, safety and health representative of the proposed sealing; and\nensure the sealing is carried out in a way that achieves an acceptable level of risk; and\nas soon as practicable after the sealing, give an inspector notice about the sealing.\nIf the notification mentioned in subsection (2) (a) is given orally, the underground mine manager must confirm the notification in writing as soon as practicable.\nThe notice mentioned in subsection (2) (c) must state the following details about the sealing—\nthe sealing procedure;\nthe location of the seals in the mine;\nthe area of the mine sealed;\nany evidence of ignition sources being present in the area sealed;\npredictions of the rates at which methane and other gases will accumulate in the sealed area;\nthe gas monitoring procedures carried out during and after the sealing.\n(sec.329-ssec.1) This section applies if an underground mine, or part of an underground mine, needs to be sealed in an emergency.\n(sec.329-ssec.2) The underground mine manager for the mine must— immediately notify an inspector and an industry, or site, safety and health representative of the proposed sealing; and ensure the sealing is carried out in a way that achieves an acceptable level of risk; and as soon as practicable after the sealing, give an inspector notice about the sealing.\n(sec.329-ssec.3) If the notification mentioned in subsection (2) (a) is given orally, the underground mine manager must confirm the notification in writing as soon as practicable.\n(sec.329-ssec.4) The notice mentioned in subsection (2) (c) must state the following details about the sealing— the sealing procedure; the location of the seals in the mine; the area of the mine sealed; any evidence of ignition sources being present in the area sealed; predictions of the rates at which methane and other gases will accumulate in the sealed area; the gas monitoring procedures carried out during and after the sealing.\n- (a) immediately notify an inspector and an industry, or site, safety and health representative of the proposed sealing; and\n- (b) ensure the sealing is carried out in a way that achieves an acceptable level of risk; and\n- (c) as soon as practicable after the sealing, give an inspector notice about the sealing.\n- (a) the sealing procedure;\n- (b) the location of the seals in the mine;\n- (c) the area of the mine sealed;\n- (d) any evidence of ignition sources being present in the area sealed;\n- (e) predictions of the rates at which methane and other gases will accumulate in the sealed area;\n- (f) the gas monitoring procedures carried out during and after the sealing.","sortOrder":519},{"sectionNumber":"sec.330","sectionType":"section","heading":"Evacuating mine after sealing","content":"### sec.330 Evacuating mine after sealing\n\nA person must not, without an inspector’s written consent, enter or remain in an underground mine after the mine, or part of the mine, has been sealed.","sortOrder":520},{"sectionNumber":"ch.4-pt.10-div.6","sectionType":"division","heading":"Construction work","content":"## Construction work","sortOrder":521},{"sectionNumber":"sec.331","sectionType":"section","heading":"Risk assessment","content":"### sec.331 Risk assessment\n\nBefore construction work is started at an underground mine, the site senior executive for the mine must ensure a risk assessment is carried out for—\nthe installation, operation, maintenance and testing of the equipment to be used during the construction; and\nthe work involved in the construction.\n- (a) the installation, operation, maintenance and testing of the equipment to be used during the construction; and\n- (b) the work involved in the construction.","sortOrder":522},{"sectionNumber":"sec.332","sectionType":"section","heading":"Excavations, dumping stations, chutes and bins","content":"### sec.332 Excavations, dumping stations, chutes and bins\n\nThe site senior executive for an underground mine must ensure each entrance to an excavation, dumping station, chute or bin at the mine is guarded and barricaded if there is a danger of a person falling into, or entering, it unknowingly.\nThe site senior executive must also ensure each excavation, dumping station, chute or bin at the mine is designed to prevent dangerous accumulations of gases forming in it.\n(sec.332-ssec.1) The site senior executive for an underground mine must ensure each entrance to an excavation, dumping station, chute or bin at the mine is guarded and barricaded if there is a danger of a person falling into, or entering, it unknowingly.\n(sec.332-ssec.2) The site senior executive must also ensure each excavation, dumping station, chute or bin at the mine is designed to prevent dangerous accumulations of gases forming in it.","sortOrder":523},{"sectionNumber":"sec.333","sectionType":"section","heading":"Controlling flooding in excavations","content":"### sec.333 Controlling flooding in excavations\n\nIf there is a risk from flooding to persons working in an excavation at an underground mine, the site senior executive for the mine must ensure—\nthe mine has suitable pumping equipment installed in an appropriate place to control the risk; and\nthe pumping equipment activates an alarm system in the event of pump failure.\n- (a) the mine has suitable pumping equipment installed in an appropriate place to control the risk; and\n- (b) the pumping equipment activates an alarm system in the event of pump failure.","sortOrder":524},{"sectionNumber":"sec.334","sectionType":"section","heading":"Preventing explosive atmospheres around operating machines","content":"### sec.334 Preventing explosive atmospheres around operating machines\n\nThe underground mine manager for an underground mine must ensure that, while a blind shaft, raise or tunnel borer is operating in a shaft or tunnel at the mine—\nthe methane content in the shaft or tunnel does not exceed 2%; or\nthe shaft or tunnel has an inert atmosphere.\n- (a) the methane content in the shaft or tunnel does not exceed 2%; or\n- (b) the shaft or tunnel has an inert atmosphere.","sortOrder":525},{"sectionNumber":"sec.335","sectionType":"section","heading":"Standard operating procedure","content":"### sec.335 Standard operating procedure\n\nAn underground mine must have a standard operating procedure for carrying out construction work.\nThe procedure must provide for operating, maintaining and testing equipment used in construction work.\n(sec.335-ssec.1) An underground mine must have a standard operating procedure for carrying out construction work.\n(sec.335-ssec.2) The procedure must provide for operating, maintaining and testing equipment used in construction work.","sortOrder":526},{"sectionNumber":"sec.336","sectionType":"section","heading":"Notice of proposed sinking of drift or shaft","content":"### sec.336 Notice of proposed sinking of drift or shaft\n\nBefore a drift or shaft is sunk at an underground mine, the site senior executive for the mine must give notice of the proposed sinking to an inspector for the region in which the mine is situated.","sortOrder":527},{"sectionNumber":"sec.337","sectionType":"section","heading":"Evacuation and escape from drifts and shafts","content":"### sec.337 Evacuation and escape from drifts and shafts\n\nThe site senior executive for an underground mine must ensure suitable equipment is provided in each drift and shaft, including a staple shaft, being sunk at the mine to enable each person working in the drift or shaft excavation to be evacuated to a place of safety if the person is injured or an emergency happens.\nThe site senior executive must also ensure each shaft being sunk has a way for persons to escape from the floor to the sinking stage.\n(sec.337-ssec.1) The site senior executive for an underground mine must ensure suitable equipment is provided in each drift and shaft, including a staple shaft, being sunk at the mine to enable each person working in the drift or shaft excavation to be evacuated to a place of safety if the person is injured or an emergency happens.\n(sec.337-ssec.2) The site senior executive must also ensure each shaft being sunk has a way for persons to escape from the floor to the sinking stage.","sortOrder":528},{"sectionNumber":"sec.338","sectionType":"section","heading":"Travelling in a kibble","content":"### sec.338 Travelling in a kibble\n\nA person must not ride in a shaft at an underground mine on the lip of a kibble.\nA person being transported in a kibble at an underground mine must stand fully inside the kibble.\n(sec.338-ssec.1) A person must not ride in a shaft at an underground mine on the lip of a kibble.\n(sec.338-ssec.2) A person being transported in a kibble at an underground mine must stand fully inside the kibble.","sortOrder":529},{"sectionNumber":"sec.339","sectionType":"section","heading":"Drilling in butts","content":"### sec.339 Drilling in butts\n\nA person must not drill into the butt of another drill hole at an underground mine in which explosives have been placed.","sortOrder":530},{"sectionNumber":"ch.4-pt.11","sectionType":"part","heading":"Ventilation","content":"# Ventilation","sortOrder":531},{"sectionNumber":"ch.4-pt.11-div.1","sectionType":"division","heading":"Ventilation officer","content":"## Ventilation officer","sortOrder":532},{"sectionNumber":"sec.340","sectionType":"section","heading":"Ventilation officer may hold another appointment","content":"### sec.340 Ventilation officer may hold another appointment\n\nA person appointed as the ventilation officer for an underground mine may hold another appointment at the mine only if the person’s functions under the other appointment do not prevent the person from carrying out the person’s functions as ventilation officer.","sortOrder":533},{"sectionNumber":"sec.341","sectionType":"section","heading":"Functions of ventilation officer","content":"### sec.341 Functions of ventilation officer\n\nA ventilation officer for an underground mine has the following functions—\nto ensure adequate ventilation of the mine;\nto ensure the mine’s air quality is measured and recorded under section 362 ;\nto take charge of any ventilation system change in the mine by giving directions, or by being present, when the change is happening;\nto ensure all ventilation control devices at the mine are properly constructed and maintained.\n- (a) to ensure adequate ventilation of the mine;\n- (b) to ensure the mine’s air quality is measured and recorded under section 362 ;\n- (c) to take charge of any ventilation system change in the mine by giving directions, or by being present, when the change is happening;\n- (d) to ensure all ventilation control devices at the mine are properly constructed and maintained.","sortOrder":534},{"sectionNumber":"sec.342","sectionType":"section","heading":"Reports by ventilation officer","content":"### sec.342 Reports by ventilation officer\n\nA ventilation officer for an underground mine must prepare—\na ventilation report about the mine ventilation system; and\nif the ventilation system is changed—a report detailing the system before and after the change.\nThe report must be prepared—\nfor a ventilation report—each month; or\nfor a report mentioned in subsection (1) (b) —as soon as practicable after the change.\nEach report—\nmust be signed, or countersigned, by—\nthe underground mine manager for the mine; or\nthe person responsible for the control and management of underground activities when the manager is not in attendance at the mine; and\nis prescribed for section 68 of the Act as a matter that must be included in the mine record for the mine.\n(sec.342-ssec.1) A ventilation officer for an underground mine must prepare— a ventilation report about the mine ventilation system; and if the ventilation system is changed—a report detailing the system before and after the change.\n(sec.342-ssec.2) The report must be prepared— for a ventilation report—each month; or for a report mentioned in subsection (1) (b) —as soon as practicable after the change.\n(sec.342-ssec.3) Each report— must be signed, or countersigned, by— the underground mine manager for the mine; or the person responsible for the control and management of underground activities when the manager is not in attendance at the mine; and is prescribed for section 68 of the Act as a matter that must be included in the mine record for the mine.\n- (a) a ventilation report about the mine ventilation system; and\n- (b) if the ventilation system is changed—a report detailing the system before and after the change.\n- (a) for a ventilation report—each month; or\n- (b) for a report mentioned in subsection (1) (b) —as soon as practicable after the change.\n- (a) must be signed, or countersigned, by— (i) the underground mine manager for the mine; or (ii) the person responsible for the control and management of underground activities when the manager is not in attendance at the mine; and\n- (i) the underground mine manager for the mine; or\n- (ii) the person responsible for the control and management of underground activities when the manager is not in attendance at the mine; and\n- (b) is prescribed for section 68 of the Act as a matter that must be included in the mine record for the mine.\n- (i) the underground mine manager for the mine; or\n- (ii) the person responsible for the control and management of underground activities when the manager is not in attendance at the mine; and","sortOrder":535},{"sectionNumber":"ch.4-pt.11-div.2","sectionType":"division","heading":"Ventilation system","content":"## Ventilation system","sortOrder":536},{"sectionNumber":"sec.343","sectionType":"section","heading":"Ventilation system must provide for general body concentrations for particular contaminants and gases","content":"### sec.343 Ventilation system must provide for general body concentrations for particular contaminants and gases\n\nThe ventilation officer for an underground mine must ensure the mine’s ventilation system is designed, implemented and monitored to ensure the atmosphere in each part of the mine has a general body concentration that is—\nfor a contaminant mentioned in schedule 6 , column 1—as low as reasonably achievable and within the limits to which a person is allowed to be exposed under section 359 ; and\nfor oxygen—at least 19%; and\nfor methane—not more than 2.5%; and\nfor carbon dioxide—as low as reasonably achievable and within the limits to which a person is allowed to be exposed under section 360 .\nThe ventilation officer must ensure—\na record is made of the results of monitoring the ventilation system under subsection (1) for the atmospheric contaminants and gases mentioned in the subsection; and\nthe record is kept for 7 years after it is made.\nThe ventilation officer must also ensure that, if the general body concentration of methane in the mine exceeds 2.5% (a methane event )—\na record is made of—\nthe day, time and duration of the methane event; and\nthe part of the mine in which the methane event happened; and\nthe record is kept for 7 years after the day the methane event happened.\nThis section does not apply to a part of the mine exempted under section 345 .\ns 343 amd 2019 SL No. 250 s 15\n(sec.343-ssec.1) The ventilation officer for an underground mine must ensure the mine’s ventilation system is designed, implemented and monitored to ensure the atmosphere in each part of the mine has a general body concentration that is— for a contaminant mentioned in schedule 6 , column 1—as low as reasonably achievable and within the limits to which a person is allowed to be exposed under section 359 ; and for oxygen—at least 19%; and for methane—not more than 2.5%; and for carbon dioxide—as low as reasonably achievable and within the limits to which a person is allowed to be exposed under section 360 .\n(sec.343-ssec.2) The ventilation officer must ensure— a record is made of the results of monitoring the ventilation system under subsection (1) for the atmospheric contaminants and gases mentioned in the subsection; and the record is kept for 7 years after it is made.\n(sec.343-ssec.3) The ventilation officer must also ensure that, if the general body concentration of methane in the mine exceeds 2.5% (a methane event )— a record is made of— the day, time and duration of the methane event; and the part of the mine in which the methane event happened; and the record is kept for 7 years after the day the methane event happened.\n(sec.343-ssec.4) This section does not apply to a part of the mine exempted under section 345 .\n- (a) for a contaminant mentioned in schedule 6 , column 1—as low as reasonably achievable and within the limits to which a person is allowed to be exposed under section 359 ; and\n- (b) for oxygen—at least 19%; and\n- (c) for methane—not more than 2.5%; and\n- (d) for carbon dioxide—as low as reasonably achievable and within the limits to which a person is allowed to be exposed under section 360 .\n- (a) a record is made of the results of monitoring the ventilation system under subsection (1) for the atmospheric contaminants and gases mentioned in the subsection; and\n- (b) the record is kept for 7 years after it is made.\n- (a) a record is made of— (i) the day, time and duration of the methane event; and (ii) the part of the mine in which the methane event happened; and\n- (i) the day, time and duration of the methane event; and\n- (ii) the part of the mine in which the methane event happened; and\n- (b) the record is kept for 7 years after the day the methane event happened.\n- (i) the day, time and duration of the methane event; and\n- (ii) the part of the mine in which the methane event happened; and","sortOrder":537},{"sectionNumber":"sec.344","sectionType":"section","heading":"Other things for which ventilation system must provide","content":"### sec.344 Other things for which ventilation system must provide\n\nThe ventilation officer for an underground mine must ensure the mine’s ventilation system provides for the following—\nminimising, within acceptable limits, the layering and accumulation of noxious and flammable gas in each place where controlled ventilation is required under paragraph (b) ;\ncontrolled ventilation—\nin each standing working place that is on the intake side of a working place; and\nin each working place in an ERZ1 or an ERZ0;\nat least—\n1 entry to each working part of the mine to conduct intake air to the part; and\n1 entry to each working part of the mine to conduct return air from the part;\nmonitoring and recording the concentration of atmospheric contaminants in each place mentioned in paragraph (b) and subsection (3)(b) .\nSubsection (1) (a) does not apply when there is a sudden, temporary increase in the general body concentration of methane to more than 2.5% and the ventilation system is capable of quickly reducing the methane concentration to not more than 2.5%.\nSubsection (1) (b) does not apply to the following places—\na place where controlled ventilation has failed and that is being inspected under section 307 to re-establish controlled ventilation;\na heading or roadway, if control measures, other than controlled ventilation, have been implemented for minimising, within acceptable limits, the layering and accumulation of noxious and flammable gas in the heading or roadway.\nSubsection (1) (c) (ii) does not apply to—\na shaft being sunk; or\na drift or individual roadway being driven and for which it would be impracticable to provide a separate return roadway.\na single entry drive or longwall face heading\nThis section does not apply to a part of the mine exempted under section 345 .\nIn this section—\ncontrolled ventilation , for a place, means ventilation involving a ventilation current of an average velocity of at least 0.3m/s, measured across the cross-sectional area of the roadway in the place.\ns 344 amd 2019 SL No. 250 s 16 ; 2020 SL No. 118 s 17\n(sec.344-ssec.1) The ventilation officer for an underground mine must ensure the mine’s ventilation system provides for the following— minimising, within acceptable limits, the layering and accumulation of noxious and flammable gas in each place where controlled ventilation is required under paragraph (b) ; controlled ventilation— in each standing working place that is on the intake side of a working place; and in each working place in an ERZ1 or an ERZ0; at least— 1 entry to each working part of the mine to conduct intake air to the part; and 1 entry to each working part of the mine to conduct return air from the part; monitoring and recording the concentration of atmospheric contaminants in each place mentioned in paragraph (b) and subsection (3)(b) .\n(sec.344-ssec.2) Subsection (1) (a) does not apply when there is a sudden, temporary increase in the general body concentration of methane to more than 2.5% and the ventilation system is capable of quickly reducing the methane concentration to not more than 2.5%.\n(sec.344-ssec.3) Subsection (1) (b) does not apply to the following places— a place where controlled ventilation has failed and that is being inspected under section 307 to re-establish controlled ventilation; a heading or roadway, if control measures, other than controlled ventilation, have been implemented for minimising, within acceptable limits, the layering and accumulation of noxious and flammable gas in the heading or roadway.\n(sec.344-ssec.4) Subsection (1) (c) (ii) does not apply to— a shaft being sunk; or a drift or individual roadway being driven and for which it would be impracticable to provide a separate return roadway. a single entry drive or longwall face heading\n(sec.344-ssec.5) This section does not apply to a part of the mine exempted under section 345 .\n(sec.344-ssec.6) In this section— controlled ventilation , for a place, means ventilation involving a ventilation current of an average velocity of at least 0.3m/s, measured across the cross-sectional area of the roadway in the place.\n- (a) minimising, within acceptable limits, the layering and accumulation of noxious and flammable gas in each place where controlled ventilation is required under paragraph (b) ;\n- (b) controlled ventilation— (i) in each standing working place that is on the intake side of a working place; and (ii) in each working place in an ERZ1 or an ERZ0;\n- (i) in each standing working place that is on the intake side of a working place; and\n- (ii) in each working place in an ERZ1 or an ERZ0;\n- (c) at least— (i) 1 entry to each working part of the mine to conduct intake air to the part; and (ii) 1 entry to each working part of the mine to conduct return air from the part;\n- (i) 1 entry to each working part of the mine to conduct intake air to the part; and\n- (ii) 1 entry to each working part of the mine to conduct return air from the part;\n- (d) monitoring and recording the concentration of atmospheric contaminants in each place mentioned in paragraph (b) and subsection (3)(b) .\n- (i) in each standing working place that is on the intake side of a working place; and\n- (ii) in each working place in an ERZ1 or an ERZ0;\n- (i) 1 entry to each working part of the mine to conduct intake air to the part; and\n- (ii) 1 entry to each working part of the mine to conduct return air from the part;\n- (a) a place where controlled ventilation has failed and that is being inspected under section 307 to re-establish controlled ventilation;\n- (b) a heading or roadway, if control measures, other than controlled ventilation, have been implemented for minimising, within acceptable limits, the layering and accumulation of noxious and flammable gas in the heading or roadway.\n- (a) a shaft being sunk; or\n- (b) a drift or individual roadway being driven and for which it would be impracticable to provide a separate return roadway. Example for paragraph (b) — a single entry drive or longwall face heading","sortOrder":538},{"sectionNumber":"sec.345","sectionType":"section","heading":"Parts of mine exempted from ventilation requirement","content":"### sec.345 Parts of mine exempted from ventilation requirement\n\nThe following parts of an underground mine are exempted for sections 343 and 344 —\na part sealed off from the rest of the mine workings by a type B, C, or D seal;\na goaf area;\na place where persons are using self-contained breathing apparatus to carry out work other than normal work, unless the work is associated with a routine operation in outburst prone conditions;\nan area of the mine in the process of being sealed.\ns 345 amd 2019 SL No. 250 s 17 ; 2020 SL No. 118 s 18\n- (a) a part sealed off from the rest of the mine workings by a type B, C, or D seal;\n- (b) a goaf area;\n- (c) a place where persons are using self-contained breathing apparatus to carry out work other than normal work, unless the work is associated with a routine operation in outburst prone conditions;\n- (d) an area of the mine in the process of being sealed.","sortOrder":539},{"sectionNumber":"ch.4-pt.11-div.3","sectionType":"division","heading":"Safety and health management system and standard operating procedures for ventilation","content":"## Safety and health management system and standard operating procedures for ventilation","sortOrder":540},{"sectionNumber":"sec.346","sectionType":"section","heading":"Safety and health management system","content":"### sec.346 Safety and health management system\n\nAn underground mine’s safety and health management system must provide ways of—\npreventing intake air from travelling across the face of a permanent seal at the mine; and\nminimising the risks of inrush and leakage, into intake airways, of atmospheric contaminants from goaf areas or sealed workings.\nSubsection (1) (a) does not apply if the system provides ways of ensuring the following—\nleakage through the seal is minimised and damage to the seal is prevented;\nthe seal is, as a minimum, a type C seal;\na monitoring device is installed in each intake airway on the return side of the seals over which the intake air passes to detect the intake airway’s general body concentration of—\noxygen; and\ncarbon dioxide, if it is present behind the seal in a general body concentration greater than 3%; and\nany other gas that is present behind the seal in a quantity and concentration that is likely to create a risk if the gas enters the intake airway adjacent to the seal;\nfor longwall workings—the monitoring device mentioned in paragraph (c) is positioned at the intersection of the longwall face and the intake airway;\nthe monitoring system for paragraph (c) triggers an alarm to warn each person who may be affected if a gas mentioned in the paragraph is present in a predetermined concentration.\ns 346 amd 2020 SL No. 118 s 19\n(sec.346-ssec.1) An underground mine’s safety and health management system must provide ways of— preventing intake air from travelling across the face of a permanent seal at the mine; and minimising the risks of inrush and leakage, into intake airways, of atmospheric contaminants from goaf areas or sealed workings.\n(sec.346-ssec.2) Subsection (1) (a) does not apply if the system provides ways of ensuring the following— leakage through the seal is minimised and damage to the seal is prevented; the seal is, as a minimum, a type C seal; a monitoring device is installed in each intake airway on the return side of the seals over which the intake air passes to detect the intake airway’s general body concentration of— oxygen; and carbon dioxide, if it is present behind the seal in a general body concentration greater than 3%; and any other gas that is present behind the seal in a quantity and concentration that is likely to create a risk if the gas enters the intake airway adjacent to the seal; for longwall workings—the monitoring device mentioned in paragraph (c) is positioned at the intersection of the longwall face and the intake airway; the monitoring system for paragraph (c) triggers an alarm to warn each person who may be affected if a gas mentioned in the paragraph is present in a predetermined concentration.\n- (a) preventing intake air from travelling across the face of a permanent seal at the mine; and\n- (b) minimising the risks of inrush and leakage, into intake airways, of atmospheric contaminants from goaf areas or sealed workings.\n- (a) leakage through the seal is minimised and damage to the seal is prevented;\n- (b) the seal is, as a minimum, a type C seal;\n- (c) a monitoring device is installed in each intake airway on the return side of the seals over which the intake air passes to detect the intake airway’s general body concentration of— (i) oxygen; and (ii) carbon dioxide, if it is present behind the seal in a general body concentration greater than 3%; and (iii) any other gas that is present behind the seal in a quantity and concentration that is likely to create a risk if the gas enters the intake airway adjacent to the seal;\n- (i) oxygen; and\n- (ii) carbon dioxide, if it is present behind the seal in a general body concentration greater than 3%; and\n- (iii) any other gas that is present behind the seal in a quantity and concentration that is likely to create a risk if the gas enters the intake airway adjacent to the seal;\n- (d) for longwall workings—the monitoring device mentioned in paragraph (c) is positioned at the intersection of the longwall face and the intake airway;\n- (e) the monitoring system for paragraph (c) triggers an alarm to warn each person who may be affected if a gas mentioned in the paragraph is present in a predetermined concentration.\n- (i) oxygen; and\n- (ii) carbon dioxide, if it is present behind the seal in a general body concentration greater than 3%; and\n- (iii) any other gas that is present behind the seal in a quantity and concentration that is likely to create a risk if the gas enters the intake airway adjacent to the seal;","sortOrder":541},{"sectionNumber":"sec.347","sectionType":"section","heading":"Ventilating workplaces","content":"### sec.347 Ventilating workplaces\n\nAn underground mine must have a standard operating procedure for ventilating workplaces.\nWithout limiting subsection (1) , the procedure must state the maximum distances from the mine face for locating ventilation ducting and brattice lines.\n(sec.347-ssec.1) An underground mine must have a standard operating procedure for ventilating workplaces.\n(sec.347-ssec.2) Without limiting subsection (1) , the procedure must state the maximum distances from the mine face for locating ventilation ducting and brattice lines.","sortOrder":542},{"sectionNumber":"sec.348","sectionType":"section","heading":"Evacuating mine","content":"### sec.348 Evacuating mine\n\nAn underground mine must have a standard operating procedure for evacuating persons to safe locations if an alarm mentioned in section 346 (2) (e) is triggered.","sortOrder":543},{"sectionNumber":"sec.349","sectionType":"section","heading":"Taking action if ventilation system fails","content":"### sec.349 Taking action if ventilation system fails\n\nAn underground mine must have a standard operating procedure for the action to be taken to ensure the safety of persons if the mine ventilation system fails totally, or partly, for more than 30 consecutive minutes.\nThe procedure must provide for the following—\nthe ERZ controller for the part of the mine affected by the failure to inspect the part to ensure it is safe to—\ncontinue work in the part; or\nif electric power to the part has been cut off, restore the power;\nstopping or restarting work, and shutting off or restoring electric power, if necessary, in the part of the mine affected by the failure.\n(sec.349-ssec.1) An underground mine must have a standard operating procedure for the action to be taken to ensure the safety of persons if the mine ventilation system fails totally, or partly, for more than 30 consecutive minutes.\n(sec.349-ssec.2) The procedure must provide for the following— the ERZ controller for the part of the mine affected by the failure to inspect the part to ensure it is safe to— continue work in the part; or if electric power to the part has been cut off, restore the power; stopping or restarting work, and shutting off or restoring electric power, if necessary, in the part of the mine affected by the failure.\n- (a) the ERZ controller for the part of the mine affected by the failure to inspect the part to ensure it is safe to— (i) continue work in the part; or (ii) if electric power to the part has been cut off, restore the power;\n- (i) continue work in the part; or\n- (ii) if electric power to the part has been cut off, restore the power;\n- (b) stopping or restarting work, and shutting off or restoring electric power, if necessary, in the part of the mine affected by the failure.\n- (i) continue work in the part; or\n- (ii) if electric power to the part has been cut off, restore the power;","sortOrder":544},{"sectionNumber":"ch.4-pt.11-div.4","sectionType":"division","heading":"Ventilation control devices","content":"## Ventilation control devices","sortOrder":545},{"sectionNumber":"sec.350","sectionType":"section","heading":"Installing ventilation control devices","content":"### sec.350 Installing ventilation control devices\n\nThe ventilation officer for an underground mine must ensure a ventilation control device mentioned in schedule 4 , column 1, and installed at the mine meets the design criteria stated in schedule 4 , column 2, opposite the type of device.\nThe ventilation officer must also ensure not more than 2 temporary stoppings are installed in a line of ventilation stoppings separating an intake airway from a return airway immediately adjacent to the last line of cut-throughs in the panel.\nSubsection (2) does not apply if a separate panel is to be developed and the mine has a plan for installing permanent ventilation control devices instead of the temporary stoppings.\n(sec.350-ssec.1) The ventilation officer for an underground mine must ensure a ventilation control device mentioned in schedule 4 , column 1, and installed at the mine meets the design criteria stated in schedule 4 , column 2, opposite the type of device.\n(sec.350-ssec.2) The ventilation officer must also ensure not more than 2 temporary stoppings are installed in a line of ventilation stoppings separating an intake airway from a return airway immediately adjacent to the last line of cut-throughs in the panel.\n(sec.350-ssec.3) Subsection (2) does not apply if a separate panel is to be developed and the mine has a plan for installing permanent ventilation control devices instead of the temporary stoppings.","sortOrder":546},{"sectionNumber":"sec.351","sectionType":"section","heading":"Interfering with ventilation control devices","content":"### sec.351 Interfering with ventilation control devices\n\nThe underground mine manager for an underground mine must—\ndesignate particular ventilation control devices at the mine as devices that must not be interfered with; and\nensure each person at the mine is notified of the designation.\nA person must not interfere with a ventilation control device designated under subsection (1) .\nSubsection (2) does not apply if, before interfering with the device, the person—\nis authorised by the underground mine manager or the mine’s ventilation officer to carry out the interference; and\ngives notification of the proposed interference to a person appointed under section 60 (8) or (9) of the Act for the part of the mine likely to be affected by the interference.\nIn this section—\ninterfere with includes adjust and change.\n(sec.351-ssec.1) The underground mine manager for an underground mine must— designate particular ventilation control devices at the mine as devices that must not be interfered with; and ensure each person at the mine is notified of the designation.\n(sec.351-ssec.2) A person must not interfere with a ventilation control device designated under subsection (1) .\n(sec.351-ssec.3) Subsection (2) does not apply if, before interfering with the device, the person— is authorised by the underground mine manager or the mine’s ventilation officer to carry out the interference; and gives notification of the proposed interference to a person appointed under section 60 (8) or (9) of the Act for the part of the mine likely to be affected by the interference.\n(sec.351-ssec.4) In this section— interfere with includes adjust and change.\n- (a) designate particular ventilation control devices at the mine as devices that must not be interfered with; and\n- (b) ensure each person at the mine is notified of the designation.\n- (a) is authorised by the underground mine manager or the mine’s ventilation officer to carry out the interference; and\n- (b) gives notification of the proposed interference to a person appointed under section 60 (8) or (9) of the Act for the part of the mine likely to be affected by the interference.","sortOrder":547},{"sectionNumber":"sec.352","sectionType":"section","heading":"Standard operating procedure","content":"### sec.352 Standard operating procedure\n\nAn underground mine must have a standard operating procedure for constructing, installing, using and maintaining the mine’s ventilation control devices.","sortOrder":548},{"sectionNumber":"ch.4-pt.11-div.5","sectionType":"division","heading":"Fans","content":"## Fans","sortOrder":549},{"sectionNumber":"sec.353","sectionType":"section","heading":"Using fans underground","content":"### sec.353 Using fans underground\n\nThis section applies only to an underground mine that uses fans underground.\nThe mine’s safety and health management system must provide for using the fans underground.\nThe mine must have a standard operating procedure for using the following fans if the fans are used in the mine’s ventilation system—\nauxiliary fans, including auxiliary fans used for degassing places where methane has accumulated;\nbooster fans;\nscrubber fans;\na combination of fans mentioned in paragraphs (a) to (c) .\nIn developing a standard operating procedure for subsection (3) (a) , the site senior executive for the mine must have regard to ways of ensuring a compressed air powered auxiliary fan is de-energised promptly if the main ventilation system fails.\nIf different types of a fan are used at the mine, the mine must have a separate standard operating procedure for each type.\n(sec.353-ssec.1) This section applies only to an underground mine that uses fans underground.\n(sec.353-ssec.2) The mine’s safety and health management system must provide for using the fans underground.\n(sec.353-ssec.3) The mine must have a standard operating procedure for using the following fans if the fans are used in the mine’s ventilation system— auxiliary fans, including auxiliary fans used for degassing places where methane has accumulated; booster fans; scrubber fans; a combination of fans mentioned in paragraphs (a) to (c) .\n(sec.353-ssec.4) In developing a standard operating procedure for subsection (3) (a) , the site senior executive for the mine must have regard to ways of ensuring a compressed air powered auxiliary fan is de-energised promptly if the main ventilation system fails.\n(sec.353-ssec.5) If different types of a fan are used at the mine, the mine must have a separate standard operating procedure for each type.\n- (a) auxiliary fans, including auxiliary fans used for degassing places where methane has accumulated;\n- (b) booster fans;\n- (c) scrubber fans;\n- (d) a combination of fans mentioned in paragraphs (a) to (c) .","sortOrder":550},{"sectionNumber":"sec.354","sectionType":"section","heading":"Provision for fans in principal hazard management plan for ventilation","content":"### sec.354 Provision for fans in principal hazard management plan for ventilation\n\nAn underground mine’s principal hazard management plan for ventilation must state—\nfor a main exhausting fan—\nthe general body concentration of methane in the ventilating air passing through the fan that must not be exceeded before a methane detector monitoring the air automatically activates a visible alarm; and\nthe action to be taken if the alarm is activated; and\nif a booster fan is used at the mine—\nthe procedures for using the fan; and\nthe action to be taken if a methane detector monitoring the air passing through the fan activates a visible alarm.\n- (a) for a main exhausting fan— (i) the general body concentration of methane in the ventilating air passing through the fan that must not be exceeded before a methane detector monitoring the air automatically activates a visible alarm; and (ii) the action to be taken if the alarm is activated; and\n- (i) the general body concentration of methane in the ventilating air passing through the fan that must not be exceeded before a methane detector monitoring the air automatically activates a visible alarm; and\n- (ii) the action to be taken if the alarm is activated; and\n- (b) if a booster fan is used at the mine— (i) the procedures for using the fan; and (ii) the action to be taken if a methane detector monitoring the air passing through the fan activates a visible alarm.\n- (i) the procedures for using the fan; and\n- (ii) the action to be taken if a methane detector monitoring the air passing through the fan activates a visible alarm.\n- (i) the general body concentration of methane in the ventilating air passing through the fan that must not be exceeded before a methane detector monitoring the air automatically activates a visible alarm; and\n- (ii) the action to be taken if the alarm is activated; and\n- (i) the procedures for using the fan; and\n- (ii) the action to be taken if a methane detector monitoring the air passing through the fan activates a visible alarm.","sortOrder":551},{"sectionNumber":"sec.355","sectionType":"section","heading":"Auxiliary fans","content":"### sec.355 Auxiliary fans\n\nThe ventilation officer for an underground mine must ensure an auxiliary fan used at the mine is located and operated in a way that prevents air recirculating through the fan.\nThe ventilation officer must ensure the minimum quantity of air flowing in any panel at the mine is the sum of—\nthe open circuit capacity of each auxiliary fan in operation in the panel; and\n30% of the open circuit capacity of the largest auxiliary fan in operation in the panel.\nThe site senior executive for the mine must ensure an auxiliary fan, other than a compressed air powered auxiliary fan, used at the mine is capable of switching off automatically if the main ventilation system fails totally.\n(sec.355-ssec.1) The ventilation officer for an underground mine must ensure an auxiliary fan used at the mine is located and operated in a way that prevents air recirculating through the fan.\n(sec.355-ssec.2) The ventilation officer must ensure the minimum quantity of air flowing in any panel at the mine is the sum of— the open circuit capacity of each auxiliary fan in operation in the panel; and 30% of the open circuit capacity of the largest auxiliary fan in operation in the panel.\n(sec.355-ssec.3) The site senior executive for the mine must ensure an auxiliary fan, other than a compressed air powered auxiliary fan, used at the mine is capable of switching off automatically if the main ventilation system fails totally.\n- (a) the open circuit capacity of each auxiliary fan in operation in the panel; and\n- (b) 30% of the open circuit capacity of the largest auxiliary fan in operation in the panel.","sortOrder":552},{"sectionNumber":"sec.356","sectionType":"section","heading":"Scrubber fans","content":"### sec.356 Scrubber fans\n\nThe ventilation officer for an underground mine must ensure a scrubber fan used at the mine is located and operated in a way that prevents the uncontrolled recirculation of air through the fan.","sortOrder":553},{"sectionNumber":"sec.357","sectionType":"section","heading":"Monitoring fans","content":"### sec.357 Monitoring fans\n\nThe site senior executive at an underground mine must ensure each fan installed on the surface, and each booster fan installed below ground, at the mine as part of the mine’s ventilation system, is fitted with the following—\nan equipment condition monitoring device;\na device capable of continuously monitoring and recording the fan’s static pressure.\nThe site senior executive must ensure each device mentioned in subsection (1) operates in a way that, if the device detects a significant departure from the fan’s normal operating parameters, the device—\nfirst, triggers a visible alarm; and\nsecond, trips the electricity supply to the fan; and\nrecords the date and time of the action mentioned in paragraphs (a) and (b) .\nThe site senior executive must ensure the part of the device displaying the results of the monitoring is located where the part is easily accessible by a person whose task includes checking the condition of the fan.\n(sec.357-ssec.1) The site senior executive at an underground mine must ensure each fan installed on the surface, and each booster fan installed below ground, at the mine as part of the mine’s ventilation system, is fitted with the following— an equipment condition monitoring device; a device capable of continuously monitoring and recording the fan’s static pressure.\n(sec.357-ssec.2) The site senior executive must ensure each device mentioned in subsection (1) operates in a way that, if the device detects a significant departure from the fan’s normal operating parameters, the device— first, triggers a visible alarm; and second, trips the electricity supply to the fan; and records the date and time of the action mentioned in paragraphs (a) and (b) .\n(sec.357-ssec.3) The site senior executive must ensure the part of the device displaying the results of the monitoring is located where the part is easily accessible by a person whose task includes checking the condition of the fan.\n- (a) an equipment condition monitoring device;\n- (b) a device capable of continuously monitoring and recording the fan’s static pressure.\n- (a) first, triggers a visible alarm; and\n- (b) second, trips the electricity supply to the fan; and\n- (c) records the date and time of the action mentioned in paragraphs (a) and (b) .","sortOrder":554},{"sectionNumber":"sec.358","sectionType":"section","heading":"Dealing with underground auxiliary and booster fans","content":"### sec.358 Dealing with underground auxiliary and booster fans\n\nA person must not deal with a fan ventilating a place below ground at an underground mine unless the person—\nis the ERZ controller for the place; or\nis authorised by the mine’s ventilation officer to deal with the fan; or\nhas been directed to deal with the fan by the ERZ controller for the place or a person authorised to deal with the fan under paragraph (b) .\nBefore a person starts or stops a fan ventilating a place below ground at an underground mine, the person must ensure the following persons are given notification of the proposed starting or stopping—\nthe ERZ controller for the place;\neach person likely to be affected by the proposed starting or stopping.\nIn this section—\ndeal , with a fan, means start, stop, remove or alter the fan.\n(sec.358-ssec.1) A person must not deal with a fan ventilating a place below ground at an underground mine unless the person— is the ERZ controller for the place; or is authorised by the mine’s ventilation officer to deal with the fan; or has been directed to deal with the fan by the ERZ controller for the place or a person authorised to deal with the fan under paragraph (b) .\n(sec.358-ssec.2) Before a person starts or stops a fan ventilating a place below ground at an underground mine, the person must ensure the following persons are given notification of the proposed starting or stopping— the ERZ controller for the place; each person likely to be affected by the proposed starting or stopping.\n(sec.358-ssec.3) In this section— deal , with a fan, means start, stop, remove or alter the fan.\n- (a) is the ERZ controller for the place; or\n- (b) is authorised by the mine’s ventilation officer to deal with the fan; or\n- (c) has been directed to deal with the fan by the ERZ controller for the place or a person authorised to deal with the fan under paragraph (b) .\n- (a) the ERZ controller for the place;\n- (b) each person likely to be affected by the proposed starting or stopping.","sortOrder":555},{"sectionNumber":"ch.4-pt.11-div.6","sectionType":"division","heading":"Controlling exposure to atmospheric contaminants","content":"## Controlling exposure to atmospheric contaminants","sortOrder":556},{"sectionNumber":"sec.359","sectionType":"section","heading":"Exposure to atmospheric contaminants other than carbon dioxide","content":"### sec.359 Exposure to atmospheric contaminants other than carbon dioxide\n\nSubject to subsection (2) , the ventilation officer for an underground mine must ensure a person is not exposed to an atmosphere at the mine containing a contaminant—\nmentioned in schedule 6 , column 1; and\nhaving a general body concentration exceeding the applicable long-term exposure limit concentration.\nSubject to subsection (3) , the person may be exposed to the atmosphere for not more than 15 consecutive minutes if—\nin the 15 minutes—\nfor a contaminant for which a maximum exposure limit concentration is stated in schedule 6 , column 3, opposite the name of the contaminant—the concentration does not exceed the applicable maximum exposure limit concentration; or\nfor a contaminant for which a maximum exposure limit concentration is not stated in schedule 6 , column 3, opposite the name of the contaminant—the applicable maximum exposure limit concentration is safe; and\nthe exposure happens—\nat not less than 1-hour intervals; and\nnot more than 4 times in 8 hours; and\nthe mine has a standard operating procedure for working in the contaminated air to ensure the maximum exposure limit concentration is not exceeded.\nA person may be exposed to an atmosphere containing a brief surge of hydrogen sulphide causing a maximum exposure limit concentration exceeding the concentration stated in schedule 6 , column 3, opposite the name of the contaminant if the person is—\nwearing personal breathing protective equipment; and\nworking under a standard operating procedure for working in air contaminated by hydrogen sulphide.\nThis section does not apply to a person who is wearing self-contained breathing apparatus in an emergency or for a mines rescue purpose.\nIn this section—\napplicable long-term exposure limit concentration , for a contaminant, means—\nfor a person working not more than 8 hours a day or not more than 40 hours a week—the long-term exposure limit concentration stated in schedule 6 , column 2, opposite the name of the contaminant; or\nfor a person working more than 8 hours a day or more than 40 hours a week—the long-term exposure limit concentration stated in schedule 6 , column 2, opposite the name of the contaminant, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\napplicable maximum exposure limit concentration , for a contaminant, means—\nfor a person working not more than 8 hours a day or not more than 40 hours a week—the maximum exposure limit concentration stated in schedule 6 , column 3, opposite the name of the contaminant; or\nfor a person working more than 8 hours a day or more than 40 hours a week—the maximum exposure limit concentration stated in schedule 6 , column 3, opposite the name of the contaminant, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\n(sec.359-ssec.1) Subject to subsection (2) , the ventilation officer for an underground mine must ensure a person is not exposed to an atmosphere at the mine containing a contaminant— mentioned in schedule 6 , column 1; and having a general body concentration exceeding the applicable long-term exposure limit concentration.\n(sec.359-ssec.2) Subject to subsection (3) , the person may be exposed to the atmosphere for not more than 15 consecutive minutes if— in the 15 minutes— for a contaminant for which a maximum exposure limit concentration is stated in schedule 6 , column 3, opposite the name of the contaminant—the concentration does not exceed the applicable maximum exposure limit concentration; or for a contaminant for which a maximum exposure limit concentration is not stated in schedule 6 , column 3, opposite the name of the contaminant—the applicable maximum exposure limit concentration is safe; and the exposure happens— at not less than 1-hour intervals; and not more than 4 times in 8 hours; and the mine has a standard operating procedure for working in the contaminated air to ensure the maximum exposure limit concentration is not exceeded.\n(sec.359-ssec.3) A person may be exposed to an atmosphere containing a brief surge of hydrogen sulphide causing a maximum exposure limit concentration exceeding the concentration stated in schedule 6 , column 3, opposite the name of the contaminant if the person is— wearing personal breathing protective equipment; and working under a standard operating procedure for working in air contaminated by hydrogen sulphide.\n(sec.359-ssec.4) This section does not apply to a person who is wearing self-contained breathing apparatus in an emergency or for a mines rescue purpose.\n(sec.359-ssec.5) In this section— applicable long-term exposure limit concentration , for a contaminant, means— for a person working not more than 8 hours a day or not more than 40 hours a week—the long-term exposure limit concentration stated in schedule 6 , column 2, opposite the name of the contaminant; or for a person working more than 8 hours a day or more than 40 hours a week—the long-term exposure limit concentration stated in schedule 6 , column 2, opposite the name of the contaminant, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours. applicable maximum exposure limit concentration , for a contaminant, means— for a person working not more than 8 hours a day or not more than 40 hours a week—the maximum exposure limit concentration stated in schedule 6 , column 3, opposite the name of the contaminant; or for a person working more than 8 hours a day or more than 40 hours a week—the maximum exposure limit concentration stated in schedule 6 , column 3, opposite the name of the contaminant, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\n- (a) mentioned in schedule 6 , column 1; and\n- (b) having a general body concentration exceeding the applicable long-term exposure limit concentration.\n- (a) in the 15 minutes— (i) for a contaminant for which a maximum exposure limit concentration is stated in schedule 6 , column 3, opposite the name of the contaminant—the concentration does not exceed the applicable maximum exposure limit concentration; or (ii) for a contaminant for which a maximum exposure limit concentration is not stated in schedule 6 , column 3, opposite the name of the contaminant—the applicable maximum exposure limit concentration is safe; and\n- (i) for a contaminant for which a maximum exposure limit concentration is stated in schedule 6 , column 3, opposite the name of the contaminant—the concentration does not exceed the applicable maximum exposure limit concentration; or\n- (ii) for a contaminant for which a maximum exposure limit concentration is not stated in schedule 6 , column 3, opposite the name of the contaminant—the applicable maximum exposure limit concentration is safe; and\n- (b) the exposure happens— (i) at not less than 1-hour intervals; and (ii) not more than 4 times in 8 hours; and\n- (i) at not less than 1-hour intervals; and\n- (ii) not more than 4 times in 8 hours; and\n- (c) the mine has a standard operating procedure for working in the contaminated air to ensure the maximum exposure limit concentration is not exceeded.\n- (i) for a contaminant for which a maximum exposure limit concentration is stated in schedule 6 , column 3, opposite the name of the contaminant—the concentration does not exceed the applicable maximum exposure limit concentration; or\n- (ii) for a contaminant for which a maximum exposure limit concentration is not stated in schedule 6 , column 3, opposite the name of the contaminant—the applicable maximum exposure limit concentration is safe; and\n- (i) at not less than 1-hour intervals; and\n- (ii) not more than 4 times in 8 hours; and\n- (a) wearing personal breathing protective equipment; and\n- (b) working under a standard operating procedure for working in air contaminated by hydrogen sulphide.\n- (a) for a person working not more than 8 hours a day or not more than 40 hours a week—the long-term exposure limit concentration stated in schedule 6 , column 2, opposite the name of the contaminant; or\n- (b) for a person working more than 8 hours a day or more than 40 hours a week—the long-term exposure limit concentration stated in schedule 6 , column 2, opposite the name of the contaminant, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\n- (a) for a person working not more than 8 hours a day or not more than 40 hours a week—the maximum exposure limit concentration stated in schedule 6 , column 3, opposite the name of the contaminant; or\n- (b) for a person working more than 8 hours a day or more than 40 hours a week—the maximum exposure limit concentration stated in schedule 6 , column 3, opposite the name of the contaminant, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.","sortOrder":557},{"sectionNumber":"sec.360","sectionType":"section","heading":"Exposure to carbon dioxide","content":"### sec.360 Exposure to carbon dioxide\n\nSubject to subsection (2) , the ventilation officer for an underground mine must ensure a person is not exposed to an atmosphere at the mine containing a general body concentration of carbon dioxide exceeding 12,500ppm.\nA person may be exposed to an atmosphere containing a general body concentration of carbon dioxide of not more than 30,000ppm if—\na continual personal monitoring method is used to calculate the time weighted average concentration of carbon dioxide to which the person is exposed; and\nthe time weighted average concentration is not more than—\nif the person works not more that 8 hours a day and not more than 40 hours a week—12,500ppm, calculated on the basis of not more than 8 hours a day and not more than 40 hours a week; or\nif the person works more that 8 hours a day and more than 40 hours a week—12,500ppm, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\nThis section does not apply to a person who is wearing self-contained breathing apparatus in an emergency or for a mines rescue purpose.\n(sec.360-ssec.1) Subject to subsection (2) , the ventilation officer for an underground mine must ensure a person is not exposed to an atmosphere at the mine containing a general body concentration of carbon dioxide exceeding 12,500ppm.\n(sec.360-ssec.2) A person may be exposed to an atmosphere containing a general body concentration of carbon dioxide of not more than 30,000ppm if— a continual personal monitoring method is used to calculate the time weighted average concentration of carbon dioxide to which the person is exposed; and the time weighted average concentration is not more than— if the person works not more that 8 hours a day and not more than 40 hours a week—12,500ppm, calculated on the basis of not more than 8 hours a day and not more than 40 hours a week; or if the person works more that 8 hours a day and more than 40 hours a week—12,500ppm, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\n(sec.360-ssec.3) This section does not apply to a person who is wearing self-contained breathing apparatus in an emergency or for a mines rescue purpose.\n- (a) a continual personal monitoring method is used to calculate the time weighted average concentration of carbon dioxide to which the person is exposed; and\n- (b) the time weighted average concentration is not more than— (i) if the person works not more that 8 hours a day and not more than 40 hours a week—12,500ppm, calculated on the basis of not more than 8 hours a day and not more than 40 hours a week; or (ii) if the person works more that 8 hours a day and more than 40 hours a week—12,500ppm, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\n- (i) if the person works not more that 8 hours a day and not more than 40 hours a week—12,500ppm, calculated on the basis of not more than 8 hours a day and not more than 40 hours a week; or\n- (ii) if the person works more that 8 hours a day and more than 40 hours a week—12,500ppm, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.\n- (i) if the person works not more that 8 hours a day and not more than 40 hours a week—12,500ppm, calculated on the basis of not more than 8 hours a day and not more than 40 hours a week; or\n- (ii) if the person works more that 8 hours a day and more than 40 hours a week—12,500ppm, as adjusted having regard to a recognised standard for adjusting exposure limits for extended working hours.","sortOrder":558},{"sectionNumber":"sec.360A","sectionType":"section","heading":"Exposure to internal combustion engine pollutants","content":"### sec.360A Exposure to internal combustion engine pollutants\n\nAn underground mine’s safety and health management system must provide for controlling the exposure of persons to an atmosphere at the mine containing internal combustion engine pollutants.","sortOrder":559},{"sectionNumber":"sec.361","sectionType":"section","heading":"Prohibition on working in poor quality air","content":"### sec.361 Prohibition on working in poor quality air\n\nA person must not knowingly work or travel in a place at an underground mine where the general body concentration of an atmospheric contaminant exceeds—\nfor an atmospheric contaminant mentioned in schedule 6 , column 1—the concentration stated in schedule 6 , column 2 or 3, opposite the name of the contaminant; or\nfor carbon dioxide—12,500ppm.\nSubsection (1) (a) does not apply if the person is working or travelling in the place—\nin an emergency; or\nin the circumstances mentioned in section 359 (2) or (3) .\nSubsection (1) (b) does not apply if the person is working or travelling in the place—\nin an emergency; or\nin the circumstances mentioned in section 360 (2) or (3) .\n(sec.361-ssec.1) A person must not knowingly work or travel in a place at an underground mine where the general body concentration of an atmospheric contaminant exceeds— for an atmospheric contaminant mentioned in schedule 6 , column 1—the concentration stated in schedule 6 , column 2 or 3, opposite the name of the contaminant; or for carbon dioxide—12,500ppm.\n(sec.361-ssec.2) Subsection (1) (a) does not apply if the person is working or travelling in the place— in an emergency; or in the circumstances mentioned in section 359 (2) or (3) .\n(sec.361-ssec.3) Subsection (1) (b) does not apply if the person is working or travelling in the place— in an emergency; or in the circumstances mentioned in section 360 (2) or (3) .\n- (a) for an atmospheric contaminant mentioned in schedule 6 , column 1—the concentration stated in schedule 6 , column 2 or 3, opposite the name of the contaminant; or\n- (b) for carbon dioxide—12,500ppm.\n- (a) in an emergency; or\n- (b) in the circumstances mentioned in section 359 (2) or (3) .\n- (a) in an emergency; or\n- (b) in the circumstances mentioned in section 360 (2) or (3) .","sortOrder":560},{"sectionNumber":"ch.4-pt.11-div.7","sectionType":"division","heading":"Monitoring atmosphere","content":"## Monitoring atmosphere","sortOrder":561},{"sectionNumber":"sec.362","sectionType":"section","heading":"Air distribution","content":"### sec.362 Air distribution\n\nThe ventilation officer for an underground mine must ensure the mine’s air quality and flow rate is measured and recorded under this section as often as is necessary, having regard to the circumstances at the mine, but at least once each month.\nThe air quality and flow rate must be measured at the following places—\neach main intake airway at a point as near as practicable to the surface;\neach intake airway on the return side of the seals over which the intake air passes;\neach main return airway at a point as near as practicable to the surface;\neach return airway of each ventilation split at a point as near as practicable to the surface;\nthe return airway from each goaf area and each set of workings;\neach return airway at a main upcast fan;\nany other place the ventilation officer considers necessary;\nany other place required by an inspector.\nThe air flow rate must be calculated and recorded for each of the following—\nthe combined intake airways;\nthe combined return airways;\neach ventilation split.\nAlso, at least once in each working shift at the mine, the air flow rate must be measured and recorded for each of the mine’s working faces.\nThe ventilation officer must also ensure the mine’s atmosphere is monitored for internal combustion engine pollutants as required under the mine’s safety and health management system.\ns 362 amd 2020 SL No. 118 s 20\n(sec.362-ssec.1) The ventilation officer for an underground mine must ensure the mine’s air quality and flow rate is measured and recorded under this section as often as is necessary, having regard to the circumstances at the mine, but at least once each month.\n(sec.362-ssec.2) The air quality and flow rate must be measured at the following places— each main intake airway at a point as near as practicable to the surface; each intake airway on the return side of the seals over which the intake air passes; each main return airway at a point as near as practicable to the surface; each return airway of each ventilation split at a point as near as practicable to the surface; the return airway from each goaf area and each set of workings; each return airway at a main upcast fan; any other place the ventilation officer considers necessary; any other place required by an inspector.\n(sec.362-ssec.3) The air flow rate must be calculated and recorded for each of the following— the combined intake airways; the combined return airways; each ventilation split.\n(sec.362-ssec.4) Also, at least once in each working shift at the mine, the air flow rate must be measured and recorded for each of the mine’s working faces.\n(sec.362-ssec.5) The ventilation officer must also ensure the mine’s atmosphere is monitored for internal combustion engine pollutants as required under the mine’s safety and health management system.\n- (a) each main intake airway at a point as near as practicable to the surface;\n- (b) each intake airway on the return side of the seals over which the intake air passes;\n- (c) each main return airway at a point as near as practicable to the surface;\n- (d) each return airway of each ventilation split at a point as near as practicable to the surface;\n- (e) the return airway from each goaf area and each set of workings;\n- (f) each return airway at a main upcast fan;\n- (g) any other place the ventilation officer considers necessary;\n- (h) any other place required by an inspector.\n- (a) the combined intake airways;\n- (b) the combined return airways;\n- (c) each ventilation split.","sortOrder":562},{"sectionNumber":"sec.363","sectionType":"section","heading":"Barometric pressure","content":"### sec.363 Barometric pressure\n\nThe ventilation officer for an underground mine must ensure the barometric pressure at the surface of the mine is continuously measured and recorded.\nThe record must be kept at the mine in a location that is easily accessible by each person responsible for inspecting the mine for gas accumulation and the effectiveness of the ventilation system.\nEach person appointed under section 60 (8) or (9) of the Act and carrying out an inspection underground must check the record for the barometric pressure trend and the current barometric pressure reading.\n(sec.363-ssec.1) The ventilation officer for an underground mine must ensure the barometric pressure at the surface of the mine is continuously measured and recorded.\n(sec.363-ssec.2) The record must be kept at the mine in a location that is easily accessible by each person responsible for inspecting the mine for gas accumulation and the effectiveness of the ventilation system.\n(sec.363-ssec.3) Each person appointed under section 60 (8) or (9) of the Act and carrying out an inspection underground must check the record for the barometric pressure trend and the current barometric pressure reading.","sortOrder":563},{"sectionNumber":"sec.364","sectionType":"section","heading":"Effective temperature at coal face","content":"### sec.364 Effective temperature at coal face\n\nThe ventilation officer for an underground mine must ensure the wet and dry bulb temperature, and the resultant effective temperature, of the atmosphere at each coal face where mining operations are in progress at the mine are measured and recorded as often as is necessary, having regard to the circumstances at the mine.","sortOrder":564},{"sectionNumber":"sec.365","sectionType":"section","heading":"Measurements after changes","content":"### sec.365 Measurements after changes\n\nThis section applies if, because an underground mine’s ventilation system is changed, air flow rates in a place mentioned in section 362 (2) may be affected substantially.\nThe ventilation officer for the mine must ensure the air flow rate for the place is measured and recorded under section 362 immediately after the change.\n(sec.365-ssec.1) This section applies if, because an underground mine’s ventilation system is changed, air flow rates in a place mentioned in section 362 (2) may be affected substantially.\n(sec.365-ssec.2) The ventilation officer for the mine must ensure the air flow rate for the place is measured and recorded under section 362 immediately after the change.","sortOrder":565},{"sectionNumber":"ch.4-pt.11-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":566},{"sectionNumber":"sec.366","sectionType":"section","heading":"Withdrawal of persons in case of danger","content":"### sec.366 Withdrawal of persons in case of danger\n\nFor section 273 of the Act , a part of an underground mine required to be ventilated under section 344 (1) (b) that has a general body concentration of methane of at least 2.5% is taken to be dangerous.\nFor section 273 (6) of the Act , and without limiting the subsection—\nmines rescue trained persons are taken to be competent persons; and\nappropriate precautions are taken to have been taken if the persons are working under mines rescue procedures developed by an accredited corporation.\n(sec.366-ssec.1) For section 273 of the Act , a part of an underground mine required to be ventilated under section 344 (1) (b) that has a general body concentration of methane of at least 2.5% is taken to be dangerous.\n(sec.366-ssec.2) For section 273 (6) of the Act , and without limiting the subsection— mines rescue trained persons are taken to be competent persons; and appropriate precautions are taken to have been taken if the persons are working under mines rescue procedures developed by an accredited corporation.\n- (a) mines rescue trained persons are taken to be competent persons; and\n- (b) appropriate precautions are taken to have been taken if the persons are working under mines rescue procedures developed by an accredited corporation.","sortOrder":567},{"sectionNumber":"ch.4-pt.12","sectionType":"part","heading":"Working environment","content":"# Working environment","sortOrder":568},{"sectionNumber":"ch.4-pt.12-div.1","sectionType":"division","heading":"Contraband","content":"## Contraband","sortOrder":569},{"sectionNumber":"sec.367","sectionType":"section","heading":"Contraband","content":"### sec.367 Contraband\n\nThe following materials and objects are classified as contraband for an underground mine—\ntobacco used for smoking, cigarettes and cigars;\nany device used for smoking tobacco or drugs;\nany device, including a match, that may be used to strike, or could create, an open flame, arc or spark;\nany article that is a prohibited article for the surface of the mine.\nDespite subsection (1) , the following are not contraband—\na device used to strike an open flame, arc or spark when the device is used for hot work under part 8 , division 5 ;\nelectrical equipment complying with part 5 , division 2 ;\nmechanical equipment complying with part 8 .\n(sec.367-ssec.1) The following materials and objects are classified as contraband for an underground mine— tobacco used for smoking, cigarettes and cigars; any device used for smoking tobacco or drugs; any device, including a match, that may be used to strike, or could create, an open flame, arc or spark; any article that is a prohibited article for the surface of the mine.\n(sec.367-ssec.2) Despite subsection (1) , the following are not contraband— a device used to strike an open flame, arc or spark when the device is used for hot work under part 8 , division 5 ; electrical equipment complying with part 5 , division 2 ; mechanical equipment complying with part 8 .\n- (a) tobacco used for smoking, cigarettes and cigars;\n- (b) any device used for smoking tobacco or drugs;\n- (c) any device, including a match, that may be used to strike, or could create, an open flame, arc or spark;\n- (d) any article that is a prohibited article for the surface of the mine.\n- (a) a device used to strike an open flame, arc or spark when the device is used for hot work under part 8 , division 5 ;\n- (b) electrical equipment complying with part 5 , division 2 ;\n- (c) mechanical equipment complying with part 8 .","sortOrder":570},{"sectionNumber":"sec.368","sectionType":"section","heading":"Standard operating procedure","content":"### sec.368 Standard operating procedure\n\nAn underground mine’s safety and health management system must provide for a procedure (the search procedure ), complying with this section, for searching a person to ensure the person has not taken, or does not take, contraband underground at the mine.\nThe search procedure must provide for the following—\nroutine and random searches;\nthe frequency, time and place for searches;\nthe method of conducting searches, including a requirement that the search be conducted by a person of the same sex as the person being searched;\nensuring that in time, each of the mine’s coal mine workers carrying out tasks underground will be searched.\nIn establishing the search procedure, the site senior executive for the mine must comply with section 10 , other than section 10 (1) (a) , as if—\na reference in the section to a standard operating procedure were a reference to the search procedure; and\na reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.\n(sec.368-ssec.1) An underground mine’s safety and health management system must provide for a procedure (the search procedure ), complying with this section, for searching a person to ensure the person has not taken, or does not take, contraband underground at the mine.\n(sec.368-ssec.2) The search procedure must provide for the following— routine and random searches; the frequency, time and place for searches; the method of conducting searches, including a requirement that the search be conducted by a person of the same sex as the person being searched; ensuring that in time, each of the mine’s coal mine workers carrying out tasks underground will be searched.\n(sec.368-ssec.3) In establishing the search procedure, the site senior executive for the mine must comply with section 10 , other than section 10 (1) (a) , as if— a reference in the section to a standard operating procedure were a reference to the search procedure; and a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.\n- (a) routine and random searches;\n- (b) the frequency, time and place for searches;\n- (c) the method of conducting searches, including a requirement that the search be conducted by a person of the same sex as the person being searched;\n- (d) ensuring that in time, each of the mine’s coal mine workers carrying out tasks underground will be searched.\n- (a) a reference in the section to a standard operating procedure were a reference to the search procedure; and\n- (b) a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers.","sortOrder":571},{"sectionNumber":"ch.4-pt.12-div.2","sectionType":"division","heading":"Heat stress management","content":"## Heat stress management","sortOrder":572},{"sectionNumber":"sec.369","sectionType":"section","heading":"Managing risk from heat","content":"### sec.369 Managing risk from heat\n\nAn underground mine’s safety and health management system must provide for ensuring the health of persons in places at the mine in which—\nthe wet bulb temperature exceeds 27ºC; and\npersons work or travel.\nIn developing the part of the safety and health management system mentioned in subsection (1) (the heat stress management provisions ), the site senior executive for the mine must—\nhave regard to any criteria stated in a recognised standard for managing heat; and\ncomply with section 10 , other than section 10 (1) (a) and (d) (ii) (C) , as if a reference in the section to a standard operating procedure were a reference to the heat stress management provisions.\nA person must not work in a place at the mine where the effective temperature exceeds 29.4ºC unless the person is—\ncarrying out the work in an escape or emergency; or\nengaged in work designed to reduce the effective temperature; or\na mines rescue member carrying out training or emergency response under procedures developed by an accredited corporation; or\nwearing self-contained breathing apparatus and undertaking an emergency response under a standard operating procedure for the mine; or\nan ERZ controller carrying out an inspection—\nfor which a risk assessment has been undertaken to identify the hazards associated with the inspection; and\nunder the controls agreed between the ERZ controller and the mine’s underground mine manager to manage the risk.\nSubsection (3) (e) does not apply to an inspection included in a schedule of inspections mentioned in section 309 (4) .\n(sec.369-ssec.1) An underground mine’s safety and health management system must provide for ensuring the health of persons in places at the mine in which— the wet bulb temperature exceeds 27ºC; and persons work or travel.\n(sec.369-ssec.2) In developing the part of the safety and health management system mentioned in subsection (1) (the heat stress management provisions ), the site senior executive for the mine must— have regard to any criteria stated in a recognised standard for managing heat; and comply with section 10 , other than section 10 (1) (a) and (d) (ii) (C) , as if a reference in the section to a standard operating procedure were a reference to the heat stress management provisions.\n(sec.369-ssec.3) A person must not work in a place at the mine where the effective temperature exceeds 29.4ºC unless the person is— carrying out the work in an escape or emergency; or engaged in work designed to reduce the effective temperature; or a mines rescue member carrying out training or emergency response under procedures developed by an accredited corporation; or wearing self-contained breathing apparatus and undertaking an emergency response under a standard operating procedure for the mine; or an ERZ controller carrying out an inspection— for which a risk assessment has been undertaken to identify the hazards associated with the inspection; and under the controls agreed between the ERZ controller and the mine’s underground mine manager to manage the risk.\n(sec.369-ssec.4) Subsection (3) (e) does not apply to an inspection included in a schedule of inspections mentioned in section 309 (4) .\n- (a) the wet bulb temperature exceeds 27ºC; and\n- (b) persons work or travel.\n- (a) have regard to any criteria stated in a recognised standard for managing heat; and\n- (b) comply with section 10 , other than section 10 (1) (a) and (d) (ii) (C) , as if a reference in the section to a standard operating procedure were a reference to the heat stress management provisions.\n- (a) carrying out the work in an escape or emergency; or\n- (b) engaged in work designed to reduce the effective temperature; or\n- (c) a mines rescue member carrying out training or emergency response under procedures developed by an accredited corporation; or\n- (d) wearing self-contained breathing apparatus and undertaking an emergency response under a standard operating procedure for the mine; or\n- (e) an ERZ controller carrying out an inspection— (i) for which a risk assessment has been undertaken to identify the hazards associated with the inspection; and (ii) under the controls agreed between the ERZ controller and the mine’s underground mine manager to manage the risk.\n- (i) for which a risk assessment has been undertaken to identify the hazards associated with the inspection; and\n- (ii) under the controls agreed between the ERZ controller and the mine’s underground mine manager to manage the risk.\n- (i) for which a risk assessment has been undertaken to identify the hazards associated with the inspection; and\n- (ii) under the controls agreed between the ERZ controller and the mine’s underground mine manager to manage the risk.","sortOrder":573},{"sectionNumber":"sec.370","sectionType":"section","heading":"Calculating effective temperature","content":"### sec.370 Calculating effective temperature\n\nAn underground mine’s safety and health management system must provide for the way of calculating the effective temperature of the atmosphere at the mine.","sortOrder":574},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Transitional provisions for Coal Mining Safety and Health Regulation 2017","content":"# Transitional provisions for Coal Mining Safety and Health Regulation 2017","sortOrder":575},{"sectionNumber":"sec.373","sectionType":"section","heading":"Definition for part","content":"### sec.373 Definition for part\n\nIn this part—\nrepealed regulation means the Coal Mining Safety and Health Regulation 2001 .\ns 373 amd 2018 SL No. 102 s 26","sortOrder":576},{"sectionNumber":"sec.374","sectionType":"section","heading":"Documents","content":"### sec.374 Documents\n\nA document, including an electronic document, made under the repealed regulation for a particular purpose that is still current and relevant for the same purpose is taken, for that purpose, to have been made under this regulation.\nIf the context requires, the document is taken to have taken effect, to have been made, or to have been given or received, when the document took effect, was made or was given or received under the repealed regulation.\nIn this section—\ndocument includes—\nan acknowledgement; and\nan approved form; and\nan assessment; and\nan authorisation; and\na certification; and\na consent; and\na delegation\na direction; and\na document of appointment; and\na document that forms part of a mine record; and\na document that forms part of a safety and health management system; and\nan exemption; and\na notice; and\na notification; and\na plan; and\na procedure; and\na record; and\na register; and\na report; and\nthe results of an examination; and\na safety and health census.\n(sec.374-ssec.1) A document, including an electronic document, made under the repealed regulation for a particular purpose that is still current and relevant for the same purpose is taken, for that purpose, to have been made under this regulation.\n(sec.374-ssec.2) If the context requires, the document is taken to have taken effect, to have been made, or to have been given or received, when the document took effect, was made or was given or received under the repealed regulation.\n(sec.374-ssec.3) In this section— document includes— an acknowledgement; and an approved form; and an assessment; and an authorisation; and a certification; and a consent; and a delegation a direction; and a document of appointment; and a document that forms part of a mine record; and a document that forms part of a safety and health management system; and an exemption; and a notice; and a notification; and a plan; and a procedure; and a record; and a register; and a report; and the results of an examination; and a safety and health census.\n- (a) an acknowledgement; and\n- (b) an approved form; and\n- (c) an assessment; and\n- (d) an authorisation; and\n- (e) a certification; and\n- (f) a consent; and\n- (g) a delegation\n- (h) a direction; and\n- (i) a document of appointment; and\n- (j) a document that forms part of a mine record; and\n- (k) a document that forms part of a safety and health management system; and\n- (l) an exemption; and\n- (m) a notice; and\n- (n) a notification; and\n- (o) a plan; and\n- (p) a procedure; and\n- (q) a record; and\n- (r) a register; and\n- (s) a report; and\n- (t) the results of an examination; and\n- (u) a safety and health census.","sortOrder":577},{"sectionNumber":"sec.375","sectionType":"section","heading":"Processes","content":"### sec.375 Processes\n\nA process undertaken under the repealed regulation before the commencement is taken to be a process undertaken under this regulation.\nA process started under the repealed regulation that was not completed before the commencement may be continued under this regulation.\nIn this section—\nprocess includes—\na practice; and\na measure; and\nan investigation; and\na risk assessment; and\nan election process.\n(sec.375-ssec.1) A process undertaken under the repealed regulation before the commencement is taken to be a process undertaken under this regulation.\n(sec.375-ssec.2) A process started under the repealed regulation that was not completed before the commencement may be continued under this regulation.\n(sec.375-ssec.3) In this section— process includes— a practice; and a measure; and an investigation; and a risk assessment; and an election process.\n- (a) a practice; and\n- (b) a measure; and\n- (c) an investigation; and\n- (d) a risk assessment; and\n- (e) an election process.","sortOrder":578},{"sectionNumber":"sec.376","sectionType":"section","heading":"Safety and health fee","content":"### sec.376 Safety and health fee\n\nAfter the commencement, the amount of the safety and health fee that accrued for a period before the commencement, is to be worked out using information included in a safety and health census under section 12F, as if the repeal had not happened.\nThe amount of the safety and health fee that accrued under the repealed regulation is payable under section 12E as if the repeal had not happened.\n(sec.376-ssec.1) After the commencement, the amount of the safety and health fee that accrued for a period before the commencement, is to be worked out using information included in a safety and health census under section 12F, as if the repeal had not happened.\n(sec.376-ssec.2) The amount of the safety and health fee that accrued under the repealed regulation is payable under section 12E as if the repeal had not happened.","sortOrder":579},{"sectionNumber":"sec.377","sectionType":"section","heading":"Notice if safety and health census not given or is inadequate","content":"### sec.377 Notice if safety and health census not given or is inadequate\n\nThe chief executive may give a notice under section 12G in relation to a safety and health census given, or not given, in relation to a period before the commencement.","sortOrder":580},{"sectionNumber":"sec.378","sectionType":"section","heading":"Late or unpaid fees","content":"### sec.378 Late or unpaid fees\n\nSections 12H and 12I apply to any amount that, immediately before the commencement, was unpaid under section 12H or 12I of the repealed regulation, including an amount that is unpaid because the safety and health census had not been given as required under section 12F or section 12H.","sortOrder":581},{"sectionNumber":"sec.379","sectionType":"section","heading":"Refund of overpayment of safety and health fee","content":"### sec.379 Refund of overpayment of safety and health fee\n\nSection 12J applies to any amount overpaid under the repealed regulation.","sortOrder":582},{"sectionNumber":"sec.380","sectionType":"section","heading":"Exposure limits","content":"### sec.380 Exposure limits\n\nAn exposure limit in effect for a coal mine worker immediately before the commencement continues to apply to the coal mine worker on the commencement.","sortOrder":583},{"sectionNumber":"sec.381","sectionType":"section","heading":"Obligation to do things within or for stated period","content":"### sec.381 Obligation to do things within or for stated period\n\nThis section applies if—\nbefore the commencement, a person was required to do something, under a provision of the repealed regulation, within or for a stated period; and\nimmediately before the commencement, the stated period had not expired.\na requirement to keep a record or to give a safety and health census or a notice\nThe provision of this regulation that corresponds to the provision of the repealed regulation applies to the doing of the thing as if the provision had been in force when the period started.\n(sec.381-ssec.1) This section applies if— before the commencement, a person was required to do something, under a provision of the repealed regulation, within or for a stated period; and immediately before the commencement, the stated period had not expired. a requirement to keep a record or to give a safety and health census or a notice\n(sec.381-ssec.2) The provision of this regulation that corresponds to the provision of the repealed regulation applies to the doing of the thing as if the provision had been in force when the period started.\n- (a) before the commencement, a person was required to do something, under a provision of the repealed regulation, within or for a stated period; and\n- (b) immediately before the commencement, the stated period had not expired.","sortOrder":584},{"sectionNumber":"sec.382","sectionType":"section","heading":"Obligation to do things indefinitely","content":"### sec.382 Obligation to do things indefinitely\n\nThis section applies if, before the commencement, a person was required to do something under a provision of the repealed regulation for an indefinite period.\nThe provision of this regulation that corresponds to the provision of the repealed regulation applies to the doing of the thing as if the provision had been in force when the period started.\n(sec.382-ssec.1) This section applies if, before the commencement, a person was required to do something under a provision of the repealed regulation for an indefinite period.\n(sec.382-ssec.2) The provision of this regulation that corresponds to the provision of the repealed regulation applies to the doing of the thing as if the provision had been in force when the period started.","sortOrder":585},{"sectionNumber":"sec.383","sectionType":"section","heading":"References to repealed regulation","content":"### sec.383 References to repealed regulation\n\nIn an instrument, if the context permits, a reference to the repealed regulation is taken to be a reference to this regulation.","sortOrder":586},{"sectionNumber":"sec.384","sectionType":"section","heading":"Obligations, accountabilities and directions","content":"### sec.384 Obligations, accountabilities and directions\n\nThe repeal of the repealed regulation does not affect an obligation, accountability or direction held, acquired or received by a person under the repealed regulation.","sortOrder":587},{"sectionNumber":"sec.385","sectionType":"section","heading":"Acts of persons","content":"### sec.385 Acts of persons\n\nAn act of a person under the repealed regulation is taken to be an equivalent act under this regulation.","sortOrder":588},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Transitional provisions for Coal Mining Safety and Health (Coal Workers’ Pneumoconiosis) Amendment Regulation 2018","content":"# Transitional provisions for Coal Mining Safety and Health (Coal Workers’ Pneumoconiosis) Amendment Regulation 2018","sortOrder":589},{"sectionNumber":"sec.386","sectionType":"section","heading":"Existing nominated medical advisers taken to be appointed medical advisers","content":"### sec.386 Existing nominated medical advisers taken to be appointed medical advisers\n\nThis section applies if, immediately before the commencement, an appointment by an employer of a doctor as a nominated medical adviser, under section 45 as in force before the commencement, was in force.\nThe nominated medical adviser is taken to be—\nan approved supervising doctor; and\nan appointed medical adviser appointed under section 45 by the employer.\nSubsection (2) applies until—\nthe end of 12 months after the commencement; or\nif the doctor stops being an approved supervising doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved supervising doctor.\ns 386 ins 2018 SL No. 102 s 27\n(sec.386-ssec.1) This section applies if, immediately before the commencement, an appointment by an employer of a doctor as a nominated medical adviser, under section 45 as in force before the commencement, was in force.\n(sec.386-ssec.2) The nominated medical adviser is taken to be— an approved supervising doctor; and an appointed medical adviser appointed under section 45 by the employer.\n(sec.386-ssec.3) Subsection (2) applies until— the end of 12 months after the commencement; or if the doctor stops being an approved supervising doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved supervising doctor.\n- (a) an approved supervising doctor; and\n- (b) an appointed medical adviser appointed under section 45 by the employer.\n- (a) the end of 12 months after the commencement; or\n- (b) if the doctor stops being an approved supervising doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved supervising doctor.","sortOrder":590},{"sectionNumber":"sec.387","sectionType":"section","heading":"Existing providers registered on department’s website taken to be approved providers","content":"### sec.387 Existing providers registered on department’s website taken to be approved providers\n\nA doctor who, immediately before the commencement, was voluntarily registered on the department’s website as a doctor carrying out medical examinations for coal mine workers is taken to be an approved examining doctor until—\nthe end of 2 years after the commencement; or\nif the doctor stops being an approved examining doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved examining doctor.\nA doctor who, immediately before the commencement, was voluntarily registered on the department’s website as a doctor carrying out, supervising and reporting on health assessments for coal mine workers is taken to be an approved supervising doctor until—\nthe end of 2 years after the commencement; or\nif the doctor stops being an approved supervising doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved supervising doctor.\nA spirometry practice that, immediately before the commencement, was voluntarily registered on the department’s website as a spirometry practice providing spirometry tests for coal mine workers, is taken to be an approved provider for the scheme function mentioned in section 49H(2) until—\nthe end of 2 years after the commencement; or\nif the spirometry practice stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the practice stops being an approved provider.\nAn x-ray imaging practice that, immediately before the commencement, was voluntarily registered on the department’s website as an x-ray imaging practice offering x-ray imaging for coal mine workers, is taken to be an approved provider for the scheme function mentioned in section 49H(3) until—\nthe end of 2 years after the commencement; or\nif the x-ray imaging practice stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the practice stops being an approved provider.\nA person who, immediately before the commencement, was voluntarily registered on the department’s website as providing a training course to qualify an individual to perform spirometry tests for coal mine workers, is taken to be an approved provider for the scheme function mentioned in section 49H(5) until—\nthe end of 2 years after the commencement; or\nif the person stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the person stops being an approved provider.\ns 387 ins 2018 SL No. 102 s 27\n(sec.387-ssec.1) A doctor who, immediately before the commencement, was voluntarily registered on the department’s website as a doctor carrying out medical examinations for coal mine workers is taken to be an approved examining doctor until— the end of 2 years after the commencement; or if the doctor stops being an approved examining doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved examining doctor.\n(sec.387-ssec.2) A doctor who, immediately before the commencement, was voluntarily registered on the department’s website as a doctor carrying out, supervising and reporting on health assessments for coal mine workers is taken to be an approved supervising doctor until— the end of 2 years after the commencement; or if the doctor stops being an approved supervising doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved supervising doctor.\n(sec.387-ssec.3) A spirometry practice that, immediately before the commencement, was voluntarily registered on the department’s website as a spirometry practice providing spirometry tests for coal mine workers, is taken to be an approved provider for the scheme function mentioned in section 49H(2) until— the end of 2 years after the commencement; or if the spirometry practice stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the practice stops being an approved provider.\n(sec.387-ssec.4) An x-ray imaging practice that, immediately before the commencement, was voluntarily registered on the department’s website as an x-ray imaging practice offering x-ray imaging for coal mine workers, is taken to be an approved provider for the scheme function mentioned in section 49H(3) until— the end of 2 years after the commencement; or if the x-ray imaging practice stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the practice stops being an approved provider.\n(sec.387-ssec.5) A person who, immediately before the commencement, was voluntarily registered on the department’s website as providing a training course to qualify an individual to perform spirometry tests for coal mine workers, is taken to be an approved provider for the scheme function mentioned in section 49H(5) until— the end of 2 years after the commencement; or if the person stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the person stops being an approved provider.\n- (a) the end of 2 years after the commencement; or\n- (b) if the doctor stops being an approved examining doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved examining doctor.\n- (a) the end of 2 years after the commencement; or\n- (b) if the doctor stops being an approved supervising doctor under chapter 2, part 6, division 2, subdivision 3B—the day the doctor stops being an approved supervising doctor.\n- (a) the end of 2 years after the commencement; or\n- (b) if the spirometry practice stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the practice stops being an approved provider.\n- (a) the end of 2 years after the commencement; or\n- (b) if the x-ray imaging practice stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the practice stops being an approved provider.\n- (a) the end of 2 years after the commencement; or\n- (b) if the person stops being an approved provider under chapter 2, part 6, division 2, subdivision 3B—the day the person stops being an approved provider.","sortOrder":591},{"sectionNumber":"sec.388","sectionType":"section","heading":"Existing assessments and related matters","content":"### sec.388 Existing assessments and related matters\n\nA health assessment carried out under the pre-amended regulation is taken to be a health assessment under this regulation.\nA health assessment report about a health assessment carried out under the pre-amended regulation is taken to be a report in relation to a health assessment under this regulation.\nA retirement examination carried out under the pre-amended regulation is taken to be an exit assessment under this regulation.\nA retirement examination report about a retirement examination carried out under the pre-amended regulation is taken to be a report in relation to an exit assessment under this regulation.\nA spirometry carried out under the pre-amended regulation is taken to be a spirometry under this regulation.\nA chest x-ray examination carried out under the pre-amended regulation is taken to be a chest x-ray examination under this regulation.\nIn this section—\npre-amended regulation means this regulation as in force before the commencement.\ns 388 ins 2018 SL No. 102 s 27\n(sec.388-ssec.1) A health assessment carried out under the pre-amended regulation is taken to be a health assessment under this regulation.\n(sec.388-ssec.2) A health assessment report about a health assessment carried out under the pre-amended regulation is taken to be a report in relation to a health assessment under this regulation.\n(sec.388-ssec.3) A retirement examination carried out under the pre-amended regulation is taken to be an exit assessment under this regulation.\n(sec.388-ssec.4) A retirement examination report about a retirement examination carried out under the pre-amended regulation is taken to be a report in relation to an exit assessment under this regulation.\n(sec.388-ssec.5) A spirometry carried out under the pre-amended regulation is taken to be a spirometry under this regulation.\n(sec.388-ssec.6) A chest x-ray examination carried out under the pre-amended regulation is taken to be a chest x-ray examination under this regulation.\n(sec.388-ssec.7) In this section— pre-amended regulation means this regulation as in force before the commencement. s 388 ins 2018 SL No. 102 s 27","sortOrder":592},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Transitional provisions for Mining Legislation (Classification of Chemicals) Amendment Regulation 2019","content":"# Transitional provisions for Mining Legislation (Classification of Chemicals) Amendment Regulation 2019","sortOrder":593},{"sectionNumber":"sec.389","sectionType":"section","heading":"Definitions for part","content":"### sec.389 Definitions for part\n\nIn this part—\nformer , for a provision, means as in force before the commencement.\nnew , for a provision, means as in force from the commencement.\ns 389 ins 2019 SL No. 140 s 8","sortOrder":594},{"sectionNumber":"sec.390","sectionType":"section","heading":"Existing hazardous substances and dangerous goods at coal mine","content":"### sec.390 Existing hazardous substances and dangerous goods at coal mine\n\nThis section applies in relation to—\na hazardous substance, as defined under former section 54, at a coal mine before the commencement;\ndangerous goods at a coal mine before the commencement;\nany thing containing, or being used to transport at a coal mine—\na hazardous substance mentioned in paragraph (a); or\ndangerous goods mentioned in paragraph (b).\nNew section 56C does not apply to the substance, goods or thing.\nTo remove any doubt, it is declared that subsection (2) does not limit or affect an obligation relating to the marking or labelling of the substance, goods or thing that applies to the substance, goods or thing under—\na former provision of this regulation; or\na document mentioned in new section 56C(4).\ns 390 ins 2019 SL No. 140 s 8\n(sec.390-ssec.1) This section applies in relation to— a hazardous substance, as defined under former section 54, at a coal mine before the commencement; dangerous goods at a coal mine before the commencement; any thing containing, or being used to transport at a coal mine— a hazardous substance mentioned in paragraph (a); or dangerous goods mentioned in paragraph (b).\n(sec.390-ssec.2) New section 56C does not apply to the substance, goods or thing.\n(sec.390-ssec.3) To remove any doubt, it is declared that subsection (2) does not limit or affect an obligation relating to the marking or labelling of the substance, goods or thing that applies to the substance, goods or thing under— a former provision of this regulation; or a document mentioned in new section 56C(4).\n- (a) a hazardous substance, as defined under former section 54, at a coal mine before the commencement;\n- (b) dangerous goods at a coal mine before the commencement;\n- (c) any thing containing, or being used to transport at a coal mine— (i) a hazardous substance mentioned in paragraph (a); or (ii) dangerous goods mentioned in paragraph (b).\n- (i) a hazardous substance mentioned in paragraph (a); or\n- (ii) dangerous goods mentioned in paragraph (b).\n- (i) a hazardous substance mentioned in paragraph (a); or\n- (ii) dangerous goods mentioned in paragraph (b).\n- (a) a former provision of this regulation; or\n- (b) a document mentioned in new section 56C(4).","sortOrder":595},{"sectionNumber":"sec.391","sectionType":"section","heading":"Existing standard operating procedure relating to hazardous substances","content":"### sec.391 Existing standard operating procedure relating to hazardous substances\n\nThis section applies to a standard operating procedure—\ncomplying with former section 56; and\nin effect immediately before the commencement.\nDuring the transition period, the standard operating procedure is taken to be a standard operating procedure complying with new sections 56E and 56H.\nHowever, a site senior executive for a coal mine to whom new section 56E applies must start to develop a standard operating procedure complying with new section 56E no later than 2 months after the commencement.\nAlso, a site senior executive for a coal mine to whom new section 56H applies must start to develop a standard operating procedure complying with new section 56H no later than 2 months after the commencement.\nIn this section—\ntransition period means the period—\nstarting on the commencement; and\nending 6 months after the commencement.\ns 391 ins 2019 SL No. 140 s 8\n(sec.391-ssec.1) This section applies to a standard operating procedure— complying with former section 56; and in effect immediately before the commencement.\n(sec.391-ssec.2) During the transition period, the standard operating procedure is taken to be a standard operating procedure complying with new sections 56E and 56H.\n(sec.391-ssec.3) However, a site senior executive for a coal mine to whom new section 56E applies must start to develop a standard operating procedure complying with new section 56E no later than 2 months after the commencement.\n(sec.391-ssec.4) Also, a site senior executive for a coal mine to whom new section 56H applies must start to develop a standard operating procedure complying with new section 56H no later than 2 months after the commencement.\n(sec.391-ssec.5) In this section— transition period means the period— starting on the commencement; and ending 6 months after the commencement.\n- (a) complying with former section 56; and\n- (b) in effect immediately before the commencement.\n- (a) starting on the commencement; and\n- (b) ending 6 months after the commencement.","sortOrder":596},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Transitional provisions for Coal Mining Safety and Health (Methane Monitoring and Ventilation Systems) Amendment Regulation 2019","content":"# Transitional provisions for Coal Mining Safety and Health (Methane Monitoring and Ventilation Systems) Amendment Regulation 2019","sortOrder":597},{"sectionNumber":"sec.392","sectionType":"section","heading":"Definitions for part","content":"### sec.392 Definitions for part\n\nIn this part—\namending regulation means the Coal Mining Safety and Health (Methane Monitoring and Ventilation Systems) Amendment Regulation 2019 .\nprevious , in relation to a provision, means the provision as in force immediately before the commencement.\ns 392 ins 2019 SL No. 250 s 18","sortOrder":598},{"sectionNumber":"sec.393","sectionType":"section","heading":"Deferral of particular provisions for 1 month","content":"### sec.393 Deferral of particular provisions for 1 month\n\nThe following provisions do not apply until the end of 1 month after the commencement—\nsection 234A;\nsection 243A;\nsection 250(1)(a) and (b), to the extent it relates to an automatic methane detector fitted to an armoured face conveyor as required under section 234A;\nsection 250(1)(c) and (5), to the extent it relates to a methane detector located as required under section 243, 243A or 244;\nsection 343(2), to the extent it relates to a record for monitoring a ventilation system under section 343(1) for oxygen, methane or carbon dioxide;\nsection 343(3).\ns 393 ins 2019 SL No. 250 s 18\n- (a) section 234A;\n- (b) section 243A;\n- (c) section 250(1)(a) and (b), to the extent it relates to an automatic methane detector fitted to an armoured face conveyor as required under section 234A;\n- (d) section 250(1)(c) and (5), to the extent it relates to a methane detector located as required under section 243, 243A or 244;\n- (e) section 343(2), to the extent it relates to a record for monitoring a ventilation system under section 343(1) for oxygen, methane or carbon dioxide;\n- (f) section 343(3).","sortOrder":599},{"sectionNumber":"sec.394","sectionType":"section","heading":"Continuation of particular previous provisions for 1 month","content":"### sec.394 Continuation of particular previous provisions for 1 month\n\nPrevious sections 244 and 251 continue to apply as if the amending regulation had not been made.\nThis section stops applying at the end of 1 month after the commencement.\ns 394 ins 2019 SL No. 250 s 18\n(sec.394-ssec.1) Previous sections 244 and 251 continue to apply as if the amending regulation had not been made.\n(sec.394-ssec.2) This section stops applying at the end of 1 month after the commencement.","sortOrder":600},{"sectionNumber":"sec.395","sectionType":"section","heading":"Continuation of particular previous provision for 3 months","content":"### sec.395 Continuation of particular previous provision for 3 months\n\nPrevious section 290 continues to apply as if the amending regulation had not been made.\nThis section stops applying at the end of 3 months after the commencement.\nSee section 398(1) in relation to the application of this section.\ns 395 ins 2019 SL No. 250 s 18\namd 2020 SL No. 27 s 3\n(sec.395-ssec.1) Previous section 290 continues to apply as if the amending regulation had not been made.\n(sec.395-ssec.2) This section stops applying at the end of 3 months after the commencement. See section 398(1) in relation to the application of this section.","sortOrder":601},{"sectionNumber":"sec.396","sectionType":"section","heading":"Deferral of particular provisions for 6 months","content":"### sec.396 Deferral of particular provisions for 6 months\n\nThe following provisions do not apply until the end of 6 months after the commencement—\nsection 243B;\nsection 250(1)(c) and (6), to the extent it relates to a methane detector located as required under section 243B;\nsection 251, to the extent it relates to a methane detector located as required under section 243B;\nsection 344(1)(b)(ii), to the extent it relates to a working place in an ERZ0.\nSee section 398(2) in relation to the application of this section.\ns 396 ins 2019 SL No. 250 s 18\namd 2020 SL No. 27 s 4 ; 2020 SL No. 118 s 21\n- (a) section 243B;\n- (b) section 250(1)(c) and (6), to the extent it relates to a methane detector located as required under section 243B;\n- (c) section 251, to the extent it relates to a methane detector located as required under section 243B;\n- (d) section 344(1)(b)(ii), to the extent it relates to a working place in an ERZ0.","sortOrder":602},{"sectionNumber":"sec.397","sectionType":"section","heading":"Continuation of particular previous provisions for 6 months","content":"### sec.397 Continuation of particular previous provisions for 6 months\n\nPrevious section 345(b) and (c) continues to apply as if the amending regulation had not been made.\nThis section stops applying at the end of 6 months after the commencement of this section.\nSee sections 398(2) and 408 in relation to the application of this section.\ns 397 ins 2019 SL No. 250 s 18\namd 2020 SL No. 27 s 5 ; 2020 SL No. 118 s 22\n(sec.397-ssec.1) Previous section 345(b) and (c) continues to apply as if the amending regulation had not been made.\n(sec.397-ssec.2) This section stops applying at the end of 6 months after the commencement of this section. See sections 398(2) and 408 in relation to the application of this section.","sortOrder":603},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Transitional provision for Coal Mining Safety and Health Amendment Regulation (No. 1) 2020","content":"# Transitional provision for Coal Mining Safety and Health Amendment Regulation (No. 1) 2020","sortOrder":604},{"sectionNumber":"sec.398","sectionType":"section","heading":"Application of ss 395–397","content":"### sec.398 Application of ss 395–397\n\nSection 395 applies as if a reference in the provision to 3 months were a reference to 6 months.\nSections 396 and 397, to the extent it relates to previous section 345(c), apply as if a reference in the provisions to 6 months were a reference to 9 months.\nIn this section—\nprevious section 345(c) means section 345(c) as in force immediately before 6 January 2020.\ns 398 ins 2020 SL No. 27 s 6\namd 2020 SL No. 118 s 23\n(sec.398-ssec.1) Section 395 applies as if a reference in the provision to 3 months were a reference to 6 months.\n(sec.398-ssec.2) Sections 396 and 397, to the extent it relates to previous section 345(c), apply as if a reference in the provisions to 6 months were a reference to 9 months.\n(sec.398-ssec.3) In this section— previous section 345(c) means section 345(c) as in force immediately before 6 January 2020.","sortOrder":605},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Transitional provision for Natural Resources, Mines and Energy Legislation (Safety and Health) Amendment Regulation 2020","content":"# Transitional provision for Natural Resources, Mines and Energy Legislation (Safety and Health) Amendment Regulation 2020","sortOrder":606},{"sectionNumber":"sec.399","sectionType":"section","heading":"Requirement to keep records of information included in safety and health census","content":"### sec.399 Requirement to keep records of information included in safety and health census\n\nThe requirements under section 12FC relating to the keeping of records of information included in a safety and health census apply only if the safety and health census is for a reporting period that starts after the commencement.\ns 399 ins 2020 SL No. 69 s 9","sortOrder":607},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Transitional provision for Mining Safety and Health Legislation (Health Surveillance) Amendment Regulation 2020","content":"# Transitional provision for Mining Safety and Health Legislation (Health Surveillance) Amendment Regulation 2020","sortOrder":608},{"sectionNumber":"sec.400","sectionType":"section","heading":"Application of ss 49BA and 49EA","content":"### sec.400 Application of ss 49BA and 49EA\n\nSections 49BA and 49EA apply in relation to a person undergoing an examination forming part of a health assessment, exit assessment or former worker assessment whether the assessment started before or after the commencement.\ns 400 ins 2020 SL No. 108 s 7","sortOrder":609},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Transitional provisions for Coal Mining Safety and Health (Methane Monitoring and Ventilation Systems) Amendment Regulation 2020","content":"# Transitional provisions for Coal Mining Safety and Health (Methane Monitoring and Ventilation Systems) Amendment Regulation 2020","sortOrder":610},{"sectionNumber":"sec.401","sectionType":"section","heading":"Definitions for part","content":"### sec.401 Definitions for part\n\nIn this part—\namending regulation means the Coal Mining Safety and Health (Methane Monitoring and Ventilation Systems) Amendment Regulation 2020 .\nformer , in relation to a provision, means the provision as in force immediately before the commencement.\ns 401 ins 2020 SL No. 118 s 24","sortOrder":611},{"sectionNumber":"sec.402","sectionType":"section","heading":"Deferral of particular provisions for 1 month","content":"### sec.402 Deferral of particular provisions for 1 month\n\nThe following provisions do not apply until the end of 1 month after the commencement—\nsection 243A(2);\nsection 250(1)(a), to the extent it relates to an automatic methane detector fitted to explosion-protected electrical plant to which section 239 applies;\nsection 250(2) to (6);\nsection 250A;\nsection 290A.\ns 402 ins 2020 SL No. 118 s 24\n- (a) section 243A(2);\n- (b) section 250(1)(a), to the extent it relates to an automatic methane detector fitted to explosion-protected electrical plant to which section 239 applies;\n- (c) section 250(2) to (6);\n- (d) section 250A;\n- (e) section 290A.","sortOrder":612},{"sectionNumber":"sec.403","sectionType":"section","heading":"Continuation of particular former provisions for 1 month","content":"### sec.403 Continuation of particular former provisions for 1 month\n\nFormer sections 243A(2) and 250(2) to (6) continue to apply as if the amending regulation had not been made.\nThis section stops applying at the end of 1 month after the commencement.\ns 403 ins 2020 SL No. 118 s 24\n(sec.403-ssec.1) Former sections 243A(2) and 250(2) to (6) continue to apply as if the amending regulation had not been made.\n(sec.403-ssec.2) This section stops applying at the end of 1 month after the commencement.","sortOrder":613},{"sectionNumber":"sec.404","sectionType":"section","heading":"Deferral of particular provisions until 6 October 2020","content":"### sec.404 Deferral of particular provisions until 6 October 2020\n\nThe following provisions do not apply until 6 October 2020—\nsection 344(1)(d), to the extent it relates to a place mentioned in section 344(3)(b);\nsection 344(3), to the extent it relates to a place mentioned in section 344(3)(b).\ns 404 ins 2020 SL No. 118 s 24\n- (a) section 344(1)(d), to the extent it relates to a place mentioned in section 344(3)(b);\n- (b) section 344(3), to the extent it relates to a place mentioned in section 344(3)(b).","sortOrder":614},{"sectionNumber":"sec.405","sectionType":"section","heading":"Continuation of particular former provisions until 6 October 2020","content":"### sec.405 Continuation of particular former provisions until 6 October 2020\n\nFormer section 344(1)(b)(i) and (3) continues to apply as if the amending regulation had not been made.\nThis section stops applying on 6 October 2020.\ns 405 ins 2020 SL No. 118 s 24\n(sec.405-ssec.1) Former section 344(1)(b)(i) and (3) continues to apply as if the amending regulation had not been made.\n(sec.405-ssec.2) This section stops applying on 6 October 2020.","sortOrder":615},{"sectionNumber":"sec.406","sectionType":"section","heading":"Deferral of particular provisions for 1 year","content":"### sec.406 Deferral of particular provisions for 1 year\n\nThe following provisions do not apply until the end of 1 year after the commencement—\nsection 223(1A)(a);\nsection 346(1)(b);\nsection 362(2)(e).\ns 406 ins 2020 SL No. 118 s 24\n- (a) section 223(1A)(a);\n- (b) section 346(1)(b);\n- (c) section 362(2)(e).","sortOrder":616},{"sectionNumber":"sec.407","sectionType":"section","heading":"Continuation of particular former provisions for 1 year","content":"### sec.407 Continuation of particular former provisions for 1 year\n\nFormer sections 223(1A)(a), 346(1)(b) and 362(2)(e) continue to apply as if the amending regulation had not been made.\nThis section stops applying at the end of 1 year after the commencement.\ns 407 ins 2020 SL No. 118 s 24\n(sec.407-ssec.1) Former sections 223(1A)(a), 346(1)(b) and 362(2)(e) continue to apply as if the amending regulation had not been made.\n(sec.407-ssec.2) This section stops applying at the end of 1 year after the commencement.","sortOrder":617},{"sectionNumber":"sec.408","sectionType":"section","heading":"Application of s 397 in relation to previous s 345(b)","content":"### sec.408 Application of s 397 in relation to previous s 345(b)\n\nThis section applies in relation to section 397, to the extent it relates to previous section 345(b).\nSection 397 applies as if the reference in that section to 6 months after the commencement of the section were a reference to 1 year after the commencement of this section.\nIn this section—\nprevious section 345(b) means section 345(b) as in force immediately before 6 January 2020.\ns 408 ins 2020 SL No. 118 s 24\n(sec.408-ssec.1) This section applies in relation to section 397, to the extent it relates to previous section 345(b).\n(sec.408-ssec.2) Section 397 applies as if the reference in that section to 6 months after the commencement of the section were a reference to 1 year after the commencement of this section.\n(sec.408-ssec.3) In this section— previous section 345(b) means section 345(b) as in force immediately before 6 January 2020.","sortOrder":618},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Transitional provision for Mining Safety and Health Legislation (Respirable Coal Dust and Silica) Amendment Regulation 2020","content":"# Transitional provision for Mining Safety and Health Legislation (Respirable Coal Dust and Silica) Amendment Regulation 2020","sortOrder":619},{"sectionNumber":"sec.409","sectionType":"section","heading":"Levels of dust under s 89(1) for dust monitoring and reporting procedure","content":"### sec.409 Levels of dust under s 89(1) for dust monitoring and reporting procedure\n\nSection 89A applies as if each reference in the section to section 89(1) were a reference to section 89(1) as in force immediately before the commencement.\nThis section stops applying on 1 January 2021.\ns 409 ins 2020 SL No. 169 s 5\n(sec.409-ssec.1) Section 89A applies as if each reference in the section to section 89(1) were a reference to section 89(1) as in force immediately before the commencement.\n(sec.409-ssec.2) This section stops applying on 1 January 2021.","sortOrder":620},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":"Transitional provision for Coal Mining Safety and Health (Explosion Barriers) Amendment Regulation 2020","content":"# Transitional provision for Coal Mining Safety and Health (Explosion Barriers) Amendment Regulation 2020","sortOrder":621},{"sectionNumber":"sec.410","sectionType":"section","heading":"Application of new ss 300(1)(b) and 303A","content":"### sec.410 Application of new ss 300(1)(b) and 303A\n\nThe following provisions do not apply in relation to an underground mine until 1 year after the commencement—\nsection 300(1)(b), the extent it has been amended by the Coal Mining Safety and Health (Explosion Barriers) Amendment Regulation 2020 ;\nsection 303A.\ns 410 ins 2020 SL No. 221 s 6\n- (a) section 300(1)(b), the extent it has been amended by the Coal Mining Safety and Health (Explosion Barriers) Amendment Regulation 2020 ;\n- (b) section 303A.","sortOrder":622},{"sectionNumber":"ch.6-pt.11","sectionType":"part","heading":"Transitional provision for Mining Legislation (Continuing Professional Development) Amendment Regulation 2022","content":"# Transitional provision for Mining Legislation (Continuing Professional Development) Amendment Regulation 2022","sortOrder":623},{"sectionNumber":"sec.411","sectionType":"section","heading":"Application of CPD requirements during transitional period","content":"### sec.411 Application of CPD requirements during transitional period\n\nSections 370AC and 370AD do not apply to a holder of a certificate of competency or site senior executive notice during the transitional period.\nSubsection (1) does not prevent the holder doing any of the following things during the transitional period—\nobtaining a practising certificate;\ncompleting CPD activities for the holder’s certificate of competency or site senior executive notice;\ngiving the board of examiners notice, and evidence, of CPD hours for completed CPD activities as mentioned in section 370AD.\nIn this section—\ntransitional period means the period starting on the commencement and ending on the day that is 3 years after the commencement.\ns 411 ins 2022 SL No. 69 s 5\n(sec.411-ssec.1) Sections 370AC and 370AD do not apply to a holder of a certificate of competency or site senior executive notice during the transitional period.\n(sec.411-ssec.2) Subsection (1) does not prevent the holder doing any of the following things during the transitional period— obtaining a practising certificate; completing CPD activities for the holder’s certificate of competency or site senior executive notice; giving the board of examiners notice, and evidence, of CPD hours for completed CPD activities as mentioned in section 370AD.\n(sec.411-ssec.3) In this section— transitional period means the period starting on the commencement and ending on the day that is 3 years after the commencement.\n- (a) obtaining a practising certificate;\n- (b) completing CPD activities for the holder’s certificate of competency or site senior executive notice;\n- (c) giving the board of examiners notice, and evidence, of CPD hours for completed CPD activities as mentioned in section 370AD.","sortOrder":624},{"sectionNumber":"ch.6-pt.12","sectionType":"part","heading":"Transitional provisions for Resources Safety and Health Legislation Amendment Regulation 2024","content":"# Transitional provisions for Resources Safety and Health Legislation Amendment Regulation 2024","sortOrder":625},{"sectionNumber":"sec.412","sectionType":"section","heading":"Requirement for surface mine to have principal hazard management plans","content":"### sec.412 Requirement for surface mine to have principal hazard management plans\n\nSection 102A does not apply until the day that is 1 year after the commencement.\ns 412 ins 2024 SL No. 167 s 35","sortOrder":626},{"sectionNumber":"sec.413","sectionType":"section","heading":"Additional requirements for underground mine’s principal hazard management plans","content":"### sec.413 Additional requirements for underground mine’s principal hazard management plans\n\nSection 149, as amended by the Resources Safety and Health Legislation Amendment Regulation 2024 , does not apply until the day that is 1 year after the commencement.\nFormer section 149 continues to apply, as if the Resources Safety and Health Legislation Amendment Regulation 2024 had not commenced, until the day that is 1 year after the commencement.\nIn this section—\nformer section 149 means section 149 as in force immediately before the commencement.\ns 413 ins 2024 SL No. 167 s 35\n(sec.413-ssec.1) Section 149, as amended by the Resources Safety and Health Legislation Amendment Regulation 2024 , does not apply until the day that is 1 year after the commencement.\n(sec.413-ssec.2) Former section 149 continues to apply, as if the Resources Safety and Health Legislation Amendment Regulation 2024 had not commenced, until the day that is 1 year after the commencement.\n(sec.413-ssec.3) In this section— former section 149 means section 149 as in force immediately before the commencement.","sortOrder":627},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Types for section 200 (1)","content":"# Types for section 200 (1)","sortOrder":628},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Types for section 201 (1)","content":"# Types for section 201 (1)","sortOrder":629},{"sectionNumber":"sch.7A-pt.1","sectionType":"part","heading":"Category 1 obligations","content":"# Category 1 obligations","sortOrder":630},{"sectionNumber":"sch.7A-pt.2","sectionType":"part","heading":"Category 2 obligations","content":"# Category 2 obligations","sortOrder":631},{"sectionNumber":"sch.7A-pt.3","sectionType":"part","heading":"Category 3 obligations","content":"# Category 3 obligations","sortOrder":632},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Board of examiners fees","content":"# Board of examiners fees","sortOrder":633},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Safety and health fees","content":"# Safety and health fees","sortOrder":634}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original core safety management focus. Multiple amendments have added new areas including: a detailed safety and health fee regime (a revenue/administrative function not purely about mine safety); specific rules for overlapping coal and petroleum leases including borehole requirements and joint interaction management plans (reflecting the growth of coal seam gas operations alongside coal mining); provisions for remote operating centre workers (reflecting technological changes in mine operation); and a formal election process for site safety and health representatives. The original 2017 regulation was primarily focused on operational safety rules; it has since grown to encompass administrative, financial, and inter-industry coordination functions."},"complexity_factors":["Multiple regulatory regimes interact — the regulation cross-references the Coal Mining Safety and Health Act, Mineral Resources Act 1989, Petroleum and Gas (Production and Safety) Act 2004, Mineral and Energy Resources (Common Provisions) Act 2014, and Petroleum and Gas (Safety) Regulation 2018","Different rules apply depending on mine type (surface vs underground), creating parallel obligation streams throughout","Overlapping lease provisions involve complex spatial and legal concepts (overlapping petroleum leases, adjacent leases, mining leases pre/post 27 September 2016) with different rules applying based on grant dates","Fee calculation regime is multi-layered — different reporting periods (quarterly vs annual), different rules for small mines, credit mechanisms, late fees, interest on unpaid amounts, and a disputed census process","Borehole safety requirements distinguish between surface and underground mines, standard vs additional vs alternative safety requirements, with different standards applying based on the type and date of the relevant lease","Joint Interaction Management Plans require coordination between multiple independent parties (coal operator and petroleum operator) with a dispute resolution mechanism triggering arbitration under yet another Act","Numerous defined terms that are themselves defined by reference to other legislation or other sections within this regulation","The regulation has been amended multiple times (2018, 2019, 2020, 2021, 2024, 2025), creating layered historical complexity with some sections omitted and replaced","Remote operating centre workers are a relatively new category adding a third stream of obligations alongside on-site workers and management","Standard operating procedure development process involves a structured multi-step consultation and dispute resolution pathway that must be followed precisely"],"plain_english_summary":"## Coal Mining Safety and Health Regulation 2017 — What It Does and Who It Affects\n\n### The Big Picture\nThis is a detailed Queensland regulation that sets out the **specific rules coal mine operators must follow** to keep workers safe. It operates under the *Coal Mining Safety and Health Act* and applies to both **surface mines** (open-cut) and **underground mines**.\n\n### Who Does This Affect?\n- **Mine operators and owners** — they bear most of the compliance burden\n- **Site Senior Executives (SSEs)** — the senior person legally responsible for running a mine safely (think: the person in charge on the ground)\n- **Coal mine workers** — their safety is the primary focus, and they have rights to be consulted on safety procedures\n- **Petroleum and gas operators** — if their lease overlaps with a coal mine, they must cooperate on safety planning\n- **Remote Operating Centre (ROC) workers** — staff who operate parts of the mine from offsite\n\n### Key Things This Regulation Requires\n\n**1. Safety Management System**\nEvery coal mine must have a formal **Safety and Health Management System** — essentially a documented plan covering:\n- How risks and hazards are identified and controlled\n- Emergency procedures and communication\n- Who gets notified when things go wrong\n\n**2. Standard Operating Procedures (SOPs)**\nMines must have written step-by-step safety procedures for hazardous tasks. Crucially, **workers must be consulted** when these are developed — it's not just a management exercise. If workers and management disagree, there's a formal process to resolve it.\n\n**3. Overlapping Leases — Coal Meets Gas**\nWhere a coal mine operates in the same area as a petroleum (oil/gas) lease, both parties must prepare a **Joint Interaction Management Plan** — a written agreement on how they'll manage shared risks (emergencies, vehicles, incident reporting, etc.). If they can't agree, the dispute goes to **arbitration** (an independent decision-maker resolves it).\n\nThere are also strict rules about **drilling boreholes** in these shared areas — equipment must be removed before a borehole is sealed, and if equipment is lost down a hole, the gas operator must be notified within 24 hours.\n\n**4. Safety and Health Fee**\nMine operators must pay a **quarterly or annual levy** to the government to fund safety oversight of the industry. The fee is calculated based on the number of workers at the mine. Mines with 5 or fewer workers can pay annually instead of quarterly. Late payments attract additional fees and **15% annual interest**.\n\n**5. Accidents and Incidents**\nMines must have procedures to investigate accidents, share findings with workers, and notify government inspectors. Certain serious injuries and \"high potential incidents\" (near-misses that could have been deadly) must be formally reported.\n\n**6. Diseases**\nCertain occupational diseases (listed in a schedule) must be reported to regulators.\n\n### What Happens If You Don't Comply?\nFailure to meet safety obligations can result in **criminal penalties** under the parent Act. Late fee payments attract fines of up to **100 penalty units** (approximately $15,000+ per offence) plus 15% interest on unpaid fees.\n\n### Why This Matters\nCoal mining is one of Australia's most hazardous industries. This regulation is designed to prevent deaths and serious injuries by making safety planning, worker consultation, and hazard management **legally mandatory** — not optional best practice."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.5(1) and sec.5(3)","severity":"high","reasoning":"If ss 47(2), 49B(2) and 52(1) are excluded from the prescription mechanism, there are no prescribed ways to achieve acceptable risk in those circumstances. Yet s 5(3) says the ONLY way to discharge the obligation is by following prescribed ways. A person subject to those excepted sections has an obligation they cannot discharge through any prescribed pathway, and are arguably unable to comply at all — since the only permitted discharge mechanism is unavailable to them.","confidence":0.82,"description":"Section 5(1) carves out sections 47(2), 49B(2) and 52(1) from the chapter's prescription of ways to achieve acceptable risk, but section 5(3) then states that a person may discharge their safety and health obligation 'only by following the ways prescribed' — creating an impossible compliance situation for the circumstances governed by the carved-out sections, where no prescribed ways exist yet the obligation to discharge remains."},{"type":"other","section":"sec.10(1)(d)(i) and sec.10(2)(a)","severity":"low","reasoning":"The drafting conflates unilateral executive decisions with bilateral agreement. Section 10(2)(a)(i) refers to 'all matters agreed' but s 10(1)(d)(i) expressly contemplates situations where there is no agreement. The SOP must accord with agreed matters AND with the SSE's decisions on disagreed matters under s 10(2)(a)(ii), which resolves the gap partially — but the interplay creates potential confusion about whether a unilaterally decided matter can later be characterised as 'agreed.'","confidence":0.55,"description":"Where workers disagree on a non-legal/technical matter, the site senior executive unilaterally decides the matter. Section 10(2)(a) then requires the final SOP to accord with 'all matters agreed between the site senior executive and coal mine workers.' If the SSE decides a matter unilaterally over worker disagreement, there is no 'agreement' — yet the SOP must accord with agreed matters. The unilateral decision does not constitute agreement, creating a logical gap."},{"type":"impossible_compliance","section":"sec.12B(1) and sec.12B(3)","severity":"high","reasoning":"Arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014 is not instantaneous. If a dispute arises, the plan cannot be finalised until arbitration concludes, yet operations cannot start without a completed plan. This creates a bootstrapping impossibility: operations are blocked until the plan is made, but the process for making the plan has no fixed outer time limit. A new coal mine could be indefinitely prevented from commencing operations by an uncooperative petroleum operator simply refusing to agree, triggering endless arbitration cycles.","confidence":0.78,"description":"Section 12B(1) requires the joint interaction management plan to be made 'before coal mining operations start.' Section 12B(3) requires the site senior executive, before making the plan, to consult, wait up to 20 days for operator proposals, reach agreement, and if no agreement is reached within 3 months, apply for arbitration. The combined timeline (potentially months including arbitration) is structurally incompatible with the requirement that the plan exist before operations commence."},{"type":"circular_definition","section":"sec.12BC(6) — definition of 'alternative safety requirement'","severity":"medium","reasoning":"The definition requires regulators and operators to assess whether an alternative achieves 'a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements' — but without complying with those requirements. This demands a counterfactual risk comparison that may be impossible to objectively verify, and the definition of compliance by reference to non-compliance is logically inverted.","confidence":0.72,"description":"An 'alternative safety requirement' is defined as one that 'does not comply with the additional safety requirements' but achieves an equal or lesser level of risk. This is a structurally perverse definition: a requirement is defined partly by what it fails to do (non-compliance with additional safety requirements). A safety requirement defined by its non-compliance with another safety requirement is conceptually circular and creates enforcement difficulties."},{"type":"other","section":"sec.12E(5) and sec.12E(8)","severity":"medium","reasoning":"The responsible person faces a structurally uncertain obligation: they do not know if a valid invoice is forthcoming under s 12E(5) (triggering the 30-day payment clock) or if a s 12G notice will issue. Meanwhile s 12H imposes late fees for failure to pay, and s 12I imposes 15% interest on unpaid amounts. The absence of any requirement on the CEO to notify the responsible person when s 12E(8) is invoked creates an information asymmetry that could expose responsible persons to cascading fee and interest obligations without fair notice.","confidence":0.7,"description":"Section 12E(4)-(5) requires the CEO to issue an invoice after receiving a census. Section 12E(8) says subsection (5) does not apply if the CEO believes the census is incomplete or incorrect. However, there is no provision requiring the CEO to notify the responsible person that s 12E(5) has been disapplied, leaving the responsible person unaware of whether an invoice is coming under s 12E(5) or whether s 12G proceedings will be initiated instead — while the payment obligation under s 12E(7) still looms."},{"type":"other","section":"sec.12I(2)","severity":"medium","reasoning":"The combination of s 12E(11) (CEO's late invoice still valid) and s 12I (15% interest on unpaid fees) means a responsible person could owe interest on a fee for a period during which they had no invoice and no way of knowing the amount due. This creates a potentially unconscionable situation where administrative delay by the regulator generates financial penalties for the regulated party.","confidence":0.75,"description":"A flat 15% per annum simple interest rate on unpaid safety and health fees is imposed regardless of the amount, duration, or reason for non-payment, including situations where non-payment results from the CEO's own failure to issue a valid invoice. Section 12E(11) confirms the CEO's failure to issue an invoice in time does not affect its validity, meaning interest can accrue on amounts the responsible person had no timely notice of."},{"type":"other","section":"sec.12FA(1) and sec.12FB(7)","severity":"low","reasoning":"While not strictly impossible to comply with, the permanent loss of annual reporting eligibility for the entire financial year due to a transient increase above the threshold is disproportionate and creates a cliff-edge compliance effect. A mine with 5 workers that hires a temporary sixth worker for one day loses its annual reporting right for the year regardless of how short the breach was.","confidence":0.65,"description":"Section 12FA(1) sets the eligibility threshold for annual census reporting at 5 or fewer workers. Section 12FB(7) permanently removes the ability to choose annual reporting for the remainder of the financial year if worker numbers exceeded 5, even if they subsequently fall back to 5 or fewer. This creates a one-way ratchet: a mine that briefly employs a sixth worker during a financial year loses the annual reporting option for that year entirely, potentially imposing disproportionate administrative burden for a transient staffing change."},{"type":"other","section":"sec.12J(2)","severity":"low","reasoning":"The explicit no-interest provision on refunds alongside 15% interest on unpaid amounts is not legally impossible but reflects a structural inequity baked into the legislation. For a cost-recovery scheme, this asymmetry is difficult to justify on policy grounds and creates an incentive for the regulator to over-invoice.","confidence":0.68,"description":"Section 12J provides that if a safety and health fee is overpaid, the CEO must refund the overpayment but no interest is payable on the refund. By contrast, section 12I imposes 15% per annum interest on underpayments. This creates a stark asymmetry: the government benefits interest-free from holding overpaid money, while operators pay 15% per annum on any underpayment. The asymmetry is logically inconsistent with the fee being notionally a cost-recovery mechanism."},{"type":"impossible_compliance","section":"sec.12BD(1)(a)","severity":"medium","reasoning":"The obligation to remove 'any equipment or material that may create a hazard' is inherently unlimited. At the extreme, virtually any subsurface material could theoretically create a hazard in some scenario. The combination of an open-ended definition of prescribed equipment with a best endeavours obligation creates compliance uncertainty — operators cannot know with certainty what they must endeavour to remove.","confidence":0.6,"description":"The site senior executive must 'use best endeavours to ensure all prescribed equipment is removed before the borehole is plugged and abandoned.' However, prescribed equipment includes 'any other equipment or material that may create a hazard to coal mining operations' — an open-ended, subjective category. It is impossible to apply 'best endeavours' to remove an indeterminate class of equipment defined by potential hazard rather than by physical description."},{"type":"other","section":"sec.7(a) and sec.7(b)","severity":"low","reasoning":"The disjunctive 'or' in the retention conditions means that as soon as either condition is met, the obligation to keep the record ends. For superseded assessments, no retention requirement exists at all. This may be intentional but sits awkwardly with general principles of safety record-keeping, where historical records have evidentiary value in accident investigations.","confidence":0.55,"description":"Records of risk assessments must be kept until either (a) the assessment is superseded, or (b) the hazard to which the assessment relates is no longer at the mine. Once an assessment is superseded, a new assessment exists for the same hazard. The old superseded assessment need not be kept. But if the hazard disappears entirely, the assessment (whether current or not) need not be kept. The provision creates no obligation to retain historical records of assessments for hazards that have been managed out of existence — potentially eliminating the evidentiary record of past risk management decisions."}],"contradictions":[{"severity":"high","section_a":"sec.12B(1)","section_b":"sec.12B(3)(c)(ii) and sec.12B(5)","confidence":0.82,"description":"Section 12B(1) mandates the joint interaction management plan be made before coal mining operations start. Section 12B(5) mandates the site senior executive apply for arbitration if no agreement is reached within 3 months, and arbitration has no fixed completion deadline. These provisions are irreconcilable: operations cannot begin without the plan, but the plan cannot be finalised until arbitration concludes, which may take an indefinite period exceeding the pre-commencement window."},{"severity":"high","section_a":"sec.12BC(2)","section_b":"sec.12BC(4)","confidence":0.77,"description":"Section 12BC(2) states that for underground coal mines, the additional safety requirements of sections 12BD and 12BE apply and the standard safety requirements do not apply to the extent of inconsistency. Section 12BC(4) then allows resource authority holders to agree on 'alternative safety requirements' that, per the definition in s 12BC(6), explicitly do not comply with the additional safety requirements. The result is that parties can contractually agree to requirements that override legislatively mandated additional safety requirements — creating a private law override of a public safety mandate."},{"severity":"medium","section_a":"sec.12E(5)","section_b":"sec.12E(11)","confidence":0.65,"description":"Section 12E(5) imposes specific deadlines by which the CEO must issue invoices (e.g., before 30 August for a financial year reporting period). Section 12E(11) states that the CEO's failure to give an invoice within those periods does not affect the validity of a later invoice. Read together with s 12E(7)'s obligation on the responsible person to pay within 30 days of the invoice, and s 12I's 15% interest on unpaid amounts, an invoice issued late but validly could trigger retroactive interest exposure from the original due date — though the responsible person had no invoice to pay against."},{"severity":"medium","section_a":"sec.12FA(2)","section_b":"sec.12FA(6)","confidence":0.72,"description":"Section 12FA(2) grants the responsible person a right to choose annual reporting. Section 12FA(6) grants the CEO an unrestricted discretion to override that choice and require quarterly reporting 'for each quarter of the current financial year and subsequent financial years.' The CEO may retrospectively require quarterly reports for the current year after the responsible person has already elected annual reporting, potentially requiring the production of historical quarterly data that was never contemporaneously compiled. No criteria limit when the CEO may exercise this power."},{"severity":"medium","section_a":"sec.12BC(1)(a)(i)","section_b":"sec.12A(2)","confidence":0.63,"description":"Section 12BC applies where an overlapping area is subject to an authority to prospect granted 'before or after the start date' (27 September 2016). Section 12A applies only to mining leases granted before 27 September 2016. The two provisions use inconsistent date-based triggers for the same overlapping area regime, potentially creating different obligations depending on which section is engaged, for what is substantively the same factual scenario of overlapping resource authorities."},{"severity":"medium","section_a":"sec.12BE(2)(b)","section_b":"sec.12BD(3) — definition of prescribed equipment","confidence":0.7,"description":"Section 12BE(2)(b) prohibits packers and fluids from being left in a borehole as an absolute requirement. Section 12BD(3)(b) defines prescribed equipment to include 'any other equipment or material that may create a hazard to coal mining operations.' Packers and fluids, if they create a hazard, would be prescribed equipment under s 12BD — yet the obligation to remove prescribed equipment in s 12BD(1)(a) is qualified by 'best endeavours,' while the prohibition on leaving packers and fluids in s 12BE(2)(b) is absolute. The same items are subject to two inconsistent standards of obligation."},{"severity":"medium","section_a":"sec.12G(4)","section_b":"sec.12G(5)","confidence":0.67,"description":"Section 12G(4) states the CEO 'may' give the responsible person an invoice after considering submissions — discretionary. Section 12G(5) states subsection (4) applies even if the responsible person has already been given an invoice for or paid a different amount. Read together, the CEO has discretion to issue a second invoice for a different amount after the person has already paid. But s 12E(7) imposes a penalty of 100 penalty units for non-payment of a validly invoiced amount. It is unclear whether payment of the first invoice satisfies s 12E(7) or whether a second invoice under s 12G triggers fresh payment obligations, potentially double-charging."}]},"kimi_summary":{"_metrics":{"completionTokens":863},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original scope. The 2017 regulation incorporated major changes including: a completely new health assessment scheme for coal mine workers (Part 6, Division 2, sections 44-53) introduced in 2018 to address coal mine dust lung disease; new provisions for overlapping petroleum leases and coal seam gas operations (sections 12A-12BE); hazardous chemicals and dangerous goods requirements (Part 7, sections 54-57B) added in 2019; and supervisor responsibilities (sections 16A, 85A, 85B) added in 2024. The health scheme in particular transformed the regulation from a primarily operational safety document into a comprehensive occupational health surveillance system."},"complexity_factors":["Extensive cross-referencing to other legislation including the Coal Mining Safety and Health Act, Petroleum and Gas (Production and Safety) Act 2004, Mineral Resources Act 1989, and various Australian Standards","Multiple layers of conditional logic with nested exceptions (e.g., section 12BC has 6 subsections with cascading conditions about borehole safety requirements)","Over 50 defined terms in section 44 alone for the health assessment scheme","Complex approval and review processes with multiple stages (show cause notices, internal review, external review by QCAT)","Detailed procedural requirements with specific timeframes (e.g., 20 days, 28 days, 72 hours, 5-year cycles)","Dual regulatory frameworks applying simultaneously (coal mining and petroleum/gas regulations)","Extensive record-keeping obligations with varying retention periods (7 years, 30 years, until superseded)","Multiple amendment history notes indicating frequent legislative changes","Technical specifications referencing external standards (AS/NZS, ILO guidelines, NOHSC documents, GHS, ADG Code)","Complex fee calculation and reporting structures with quarterly and annual options"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **Coal Mining Safety and Health Regulation 2017**, which sets out detailed safety and health requirements for coal mines. It covers both surface mines and underground mines.\n\n**Key areas covered:**\n\n- **Safety and health management systems** — mines must have systems to identify hazards, assess risks, and control them. This includes standard operating procedures developed with worker consultation.\n\n- **Worker health screening** — a comprehensive scheme requiring regular health assessments for coal mine workers, including chest X-rays and lung function tests to detect coal mine dust lung disease (like black lung). Former workers can also request assessments.\n\n- **Electrical safety** — detailed rules for electrical equipment, installations, and work, including requirements for qualified electrical engineering managers and safe isolation procedures.\n\n- **Emergencies** — mines must plan for emergencies including fire, rescue, and self-escape, with regular drills and testing.\n\n- **Fitness for work** — controls on alcohol, drugs, fatigue, and other impairments, including testing programs.\n\n- **Plant and equipment** — requirements for safe operation, maintenance, and modification of mining machinery and vehicles.\n\n- **Hazardous chemicals and dangerous goods** — rules for handling, storing, labelling, and disposing of hazardous materials.\n\n- **Training and supervision** — mandatory induction and refresher training, plus requirements for adequate supervision of workers.\n\n- **Dust and noise control** — specific exposure limits and monitoring requirements for respirable dust and noise.\n\n- **Record keeping and reporting** — extensive documentation requirements including mine plans, incident reporting, and health records.\n\n**Who it affects:**\nCoal mine operators, site senior executives, coal mine workers, contractors, electrical engineering managers, supervisors, and health professionals involved in worker health assessments.\n\n**Why it matters:**\nCoal mining is inherently dangerous. This regulation aims to prevent deaths, injuries, and occupational diseases (particularly lung diseases from coal dust exposure) by mandating systematic risk management, worker participation in safety, and regular health monitoring."}},"importantCases":[],"_links":{"self":"/api/acts/coal-mining-safety-and-health-regulation-2017","history":"/api/acts/coal-mining-safety-and-health-regulation-2017/history","analysis":"/api/acts/coal-mining-safety-and-health-regulation-2017/analysis","conflicts":"/api/acts/coal-mining-safety-and-health-regulation-2017/conflicts","importantCases":"/api/acts/coal-mining-safety-and-health-regulation-2017/important-cases","documents":"/api/acts/coal-mining-safety-and-health-regulation-2017/documents"}}