sec.38Obligations of operators

### sec.38 Obligations of operators An operator for a mine has the following obligations— to ensure the risk to workers while at the operator’s mine is at an acceptable level, including, for example, by— providing a safe place of work and safe plant; and maintaining plant in a safe state; to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts operations; to appoint a site senior executive for the mine; to ensure the site senior executive for the mine— develops and implements a safety and health management system for the mine; and develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; to ensure the site senior executive, or acting site senior executive, for the mine is located at or near the mine when performing the duties of site senior executive unless— the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days; to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from operations is at an acceptable level; to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system. Without limiting subsection (1) , an operator has an obligation not to operate a mine without a safety and health management system for the mine. Subsection (1) (d) to (g) and subsection (2) do not apply to an operator of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine. However, a regulation may specify an opal or gem mine mentioned in subsection (3) to be a mine to which subsection (1) (d) to (g) and subsection (2) apply because of the size, nature or complexity of the mine’s operations. s 38 amd 2010 No. 17 s 61 ; 2018 No. 28 s 55 ; 2024 No. 34 s 156 (sec.38-ssec.1) An operator for a mine has the following obligations— to ensure the risk to workers while at the operator’s mine is at an acceptable level, including, for example, by— providing a safe place of work and safe plant; and maintaining plant in a safe state; to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts operations; to appoint a site senior executive for the mine; to ensure the site senior executive for the mine— develops and implements a safety and health management system for the mine; and develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; to ensure the site senior executive, or acting site senior executive, for the mine is located at or near the mine when performing the duties of site senior executive unless— the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days; to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from operations is at an acceptable level; to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system. (sec.38-ssec.2) Without limiting subsection (1) , an operator has an obligation not to operate a mine without a safety and health management system for the mine. (sec.38-ssec.3) Subsection (1) (d) to (g) and subsection (2) do not apply to an operator of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine. (sec.38-ssec.4) However, a regulation may specify an opal or gem mine mentioned in subsection (3) to be a mine to which subsection (1) (d) to (g) and subsection (2) apply because of the size, nature or complexity of the mine’s operations. - (a) to ensure the risk to workers while at the operator’s mine is at an acceptable level, including, for example, by— (i) providing a safe place of work and safe plant; and (ii) maintaining plant in a safe state; - (i) providing a safe place of work and safe plant; and - (ii) maintaining plant in a safe state; - (b) to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts operations; - (c) to appoint a site senior executive for the mine; - (d) to ensure the site senior executive for the mine— (i) develops and implements a safety and health management system for the mine; and (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; - (i) develops and implements a safety and health management system for the mine; and - (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; - (e) to ensure the site senior executive, or acting site senior executive, for the mine is located at or near the mine when performing the duties of site senior executive unless— (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days; - (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or - (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days; - (f) to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from operations is at an acceptable level; - (g) to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system. - (i) providing a safe place of work and safe plant; and - (ii) maintaining plant in a safe state; - (i) develops and implements a safety and health management system for the mine; and - (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; - (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or - (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;