sec.262Regulation-making power

### sec.262 Regulation-making power The Governor in Council may make regulations under this Act. Without limiting subsection (1) , a regulation may be made about the following— risk management practices including criteria to be used in assessing whether risk is at an acceptable level; safety and health management systems; conditions in the work and local environments, the monitoring of those environments, and the use of personal protective equipment where limits are exceeded; processes and methods of operation; design and layout of facilities; the use, production and disposal of material; the design, use and maintenance of plant, equipment and tools; procedures and standard work instructions; the competency, fitness and monitoring of persons and the monitoring of their work, including requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners; matters relating to board qualifications; the monitoring, reporting, recording and investigation of injuries, illnesses and other effects on persons, and other incidents and situations with the potential to cause harm; provisions for handling emergencies; the gathering, recording, analysis, flow, and use of safety and health data and information; the health of persons who are, will be or have been employed as workers, including about— the appointment, qualifications and removal of doctors and other health practitioners for mines; and pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments. Without limiting subsection (1) , a regulation may specify requirements for the following— notifications, returns, and other information to be provided by the site senior executive to the inspectorate; protection of confidentiality of personally and commercially sensitive information; the methods of keeping records and their availability; proceedings of the committee; the qualifications and experience of inspectors, inspection officers, authorised officers, site safety and health representatives and district workers’ representatives. Without limiting subsection (1) , a regulation may set fees payable under this Act. Without limiting subsection (1) or (4) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for operations. Without limiting subsection (5) , a regulation may provide for any of the following— the types of activities for which fees may be charged and recovered; the fees to be charged; the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; who must pay the fees; how, when, where, and to whom, the fees must be paid; the calculation of interest payable on unpaid fees; the information that must be provided by the persons who must pay the fees; how, when, where, and to whom, the information is to be provided; investigations by authorised officers to obtain and check the information. A regulation may create offences and prescribe penalties of not more than 400 penalty units for offences against the regulation. s 262 amd 2007 No. 46 s 133 ; 2008 No. 43 s 10 ; 2010 No. 17 s 60 sch ; 2014 No. 40 s 154 sch 1 pt 4 ; 2018 No. 28 s 90 ; 2020 No. 10 s 117 ; 2024 No. 34 s 229 (sec.262-ssec.1) The Governor in Council may make regulations under this Act. (sec.262-ssec.2) Without limiting subsection (1) , a regulation may be made about the following— risk management practices including criteria to be used in assessing whether risk is at an acceptable level; safety and health management systems; conditions in the work and local environments, the monitoring of those environments, and the use of personal protective equipment where limits are exceeded; processes and methods of operation; design and layout of facilities; the use, production and disposal of material; the design, use and maintenance of plant, equipment and tools; procedures and standard work instructions; the competency, fitness and monitoring of persons and the monitoring of their work, including requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners; matters relating to board qualifications; the monitoring, reporting, recording and investigation of injuries, illnesses and other effects on persons, and other incidents and situations with the potential to cause harm; provisions for handling emergencies; the gathering, recording, analysis, flow, and use of safety and health data and information; the health of persons who are, will be or have been employed as workers, including about— the appointment, qualifications and removal of doctors and other health practitioners for mines; and pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments. (sec.262-ssec.3) Without limiting subsection (1) , a regulation may specify requirements for the following— notifications, returns, and other information to be provided by the site senior executive to the inspectorate; protection of confidentiality of personally and commercially sensitive information; the methods of keeping records and their availability; proceedings of the committee; the qualifications and experience of inspectors, inspection officers, authorised officers, site safety and health representatives and district workers’ representatives. (sec.262-ssec.4) Without limiting subsection (1) , a regulation may set fees payable under this Act. (sec.262-ssec.5) Without limiting subsection (1) or (4) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for operations. (sec.262-ssec.6) Without limiting subsection (5) , a regulation may provide for any of the following— the types of activities for which fees may be charged and recovered; the fees to be charged; the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; who must pay the fees; how, when, where, and to whom, the fees must be paid; the calculation of interest payable on unpaid fees; the information that must be provided by the persons who must pay the fees; how, when, where, and to whom, the information is to be provided; investigations by authorised officers to obtain and check the information. (sec.262-ssec.7) A regulation may create offences and prescribe penalties of not more than 400 penalty units for offences against the regulation. - (a) risk management practices including criteria to be used in assessing whether risk is at an acceptable level; - (b) safety and health management systems; - (c) conditions in the work and local environments, the monitoring of those environments, and the use of personal protective equipment where limits are exceeded; - (d) processes and methods of operation; - (e) design and layout of facilities; - (f) the use, production and disposal of material; - (g) the design, use and maintenance of plant, equipment and tools; - (h) procedures and standard work instructions; - (i) the competency, fitness and monitoring of persons and the monitoring of their work, including requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners; - (j) matters relating to board qualifications; - (k) the monitoring, reporting, recording and investigation of injuries, illnesses and other effects on persons, and other incidents and situations with the potential to cause harm; - (l) provisions for handling emergencies; - (m) the gathering, recording, analysis, flow, and use of safety and health data and information; - (n) the health of persons who are, will be or have been employed as workers, including about— (i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and (ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and (iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and (iv) reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments. - (i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and - (ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and - (iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and - (iv) reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments. - (i) the appointment, qualifications and removal of doctors and other health practitioners for mines; and - (ii) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a mine and for the purpose of health surveillance; and - (iii) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and - (iv) reciprocal arrangements between operations for the exchange of information or the recognition of medical examinations or health assessments. - (a) notifications, returns, and other information to be provided by the site senior executive to the inspectorate; - (b) protection of confidentiality of personally and commercially sensitive information; - (c) the methods of keeping records and their availability; - (d) proceedings of the committee; - (e) the qualifications and experience of inspectors, inspection officers, authorised officers, site safety and health representatives and district workers’ representatives. - (a) the types of activities for which fees may be charged and recovered; - (b) the fees to be charged; - (c) the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; - (d) who must pay the fees; - (e) how, when, where, and to whom, the fees must be paid; - (f) the calculation of interest payable on unpaid fees; - (g) the information that must be provided by the persons who must pay the fees; - (h) how, when, where, and to whom, the information is to be provided; - (i) investigations by authorised officers to obtain and check the information.