ch.2-pt.1
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Queensland regulation
**What this regulation does (mechanically)
Sets out detailed duties and procedures that operators, site senior executives and other persons must follow to manage safety and health at mines. Key duties include: hazard identification, risk analysis, risk reduction in a specific hierarchy, ongoing risk monitoring, record-keeping and incident investigation (chs 2–pt 2, ss 5–11; ss 14–16; s 15).
Requires a responsible person for each mine to provide periodic worker counts (a "safety and health census") and pay a safety-and-health fee calculated from that census; the CEO issues invoices and can impose late fees and interest (ss 11A–11H, sch 6).
Specifies emergency planning and response obligations: risk assessment for foreseeable emergencies, emergency response plans, evacuation arrangements, refuges, rescue arrangements and testing of emergency plans (ss 32–41).
Lays down detailed electrical, plant, excavation, ground control, ventilation, working-at-heights and other technical requirements for safe operation of mine infrastructure and equipment (chs 2–pt 4, pt 6, pt 10; e.g. ss 20–31, 44–49, 100–113).
Regulates hazardous chemicals, dangerous goods and explosives: registers, labelling, safety data sheets, selection, storage, monitoring, disposal and detailed explosives handling/ storage/transport/ blasting rules (chs 2–pt 7, ss 49A–79).
Introduces health-protection duties: pre-exposure and periodic medical and fitness assessments, workforce fitness rules, limits on working hours and amenities, and very specific health surveillance requirements for respiratory hazards and lead exposure (ss 84–95; ch 2–pt 14; sch 2E).
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Direct links to the current provisions in Mining and Quarrying Safety and Health Regulation 2017.
The relevant provisions prescribe ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the provisions. However, the relevant provisions do not deal with all circumstances that expose someone to risk at a mine. A person may discharge the person’s safety and health obligation in the circumstances mentioned in the relevant provisions only by following the ways prescribed. See section 31 of the Act for the penalty for failing to discharge the obligation. In this section— relevant provisions means— this chapter other than sections 60B (1) , 60C (2) , 87 (5) , 120 (1) and (2) , 131 (6) , 145J (1) and (3) and 145K (1) and (2) ; and schedule 2E other than schedule 2E , sections 6 (1) , 13 (1) , 19 (1) , 23 (2) , 24 (3) , 26 (4) and 29 (1) . s 4 amd 2020 SL No. 108 s 9 ; 2023 SL No. 71 s 4 ; 2024 SL No. 167 s 51 (sec.4-ssec.1) The relevant provisions prescribe ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the provisions. (sec.4-ssec.2) However, the relevant provisions do not deal with all circumstances that expose someone to risk at a mine. (sec.4-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in the relevant provisions only by following the ways prescribed. See section 31 of the Act for the penalty for failing to discharge the obligation. (sec.4-ssec.4) In this section— relevant provisions means— this chapter other than sections 60B (1) , 60C (2) , 87 (5) , 120 (1) and (2) , 131 (6) , 145J (1) and (3) and 145K (1) and (2) ; and schedule 2E other than schedule 2E , sections 6 (1) , 13 (1) , 19 (1) , 23 (2) , 24 (3) , 26 (4) and 29 (1) .
The site senior executive for a mine must ensure the mine’s risk management practices and procedures are— established in consultation with the mine workers; and compatible with, and coordinated throughout the mine for, all operations at the mine. s 5 amd 2019 SL No. 140 s 21 sch 1
A person who has an obligation under the Act to manage risk at a mine must identify hazards in the person’s own work and activities at the mine. The operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design. The site senior executive for a mine must ensure hazard identification for the mine’s operations is done— when the operations start; and during the operations; and when the operations change in size, nature, complexity or another way; and for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years. For hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following— hazardous chemicals or dangerous goods being processed or used for processing; hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations; hazardous chemicals or dangerous goods occurring in— the natural environment; or plant or facilities; or energy sources. s 6 amd 2019 SL No. 140 s 21 sch 1 (sec.6-ssec.1) A person who has an obligation under the Act to manage risk at a mine must identify hazards in the person’s own work and activities at the mine. (sec.6-ssec.2) The operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design. (sec.6-ssec.3) The site senior executive for a mine must ensure hazard identification for the mine’s operations is done— when the operations start; and during the operations; and when the operations change in size, nature, complexity or another way; and for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years. (sec.6-ssec.4) For hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following— hazardous chemicals or dangerous goods being processed or used for processing; hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations; hazardous chemicals or dangerous goods occurring in— the natural environment; or plant or facilities; or energy sources.
A person who has an obligation under the Act to manage risk at a mine must analyse risk in the person’s own work and activities to decide whether the risk is at an acceptable level. The person must have regard to the following in analysing the risk— the results of hazard identification, risk monitoring and incident investigations carried out for the mine; the work environment and work methods for the mine’s operations; the interaction of hazards present at the mine; the effectiveness and reliability of hazard controls in use at the mine; other reasonably available relevant information and data from, and practices in, other industries and mining operations. (sec.7-ssec.1) A person who has an obligation under the Act to manage risk at a mine must analyse risk in the person’s own work and activities to decide whether the risk is at an acceptable level. (sec.7-ssec.2) The person must have regard to the following in analysing the risk— the results of hazard identification, risk monitoring and incident investigations carried out for the mine; the work environment and work methods for the mine’s operations; the interaction of hazards present at the mine; the effectiveness and reliability of hazard controls in use at the mine; other reasonably available relevant information and data from, and practices in, other industries and mining operations.
A person who has an obligation under the Act to manage risk at a mine must, as far as reasonably practicable, apply hazard controls in the following order— elimination of the hazard; substitution with a lesser hazard; separation of persons from the hazard; engineering controls; using fans and ducting to remove dust using guards on conveyors administrative controls; a restriction on the time a worker is exposed to a hazard a procedure or standard work instruction personal protective equipment. The site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following— the interaction of hazards present in the environments; the effectiveness and reliability of the controls; other reasonably available relevant information and data from, and practices in, other industries and mining operations. s 8 amd 2019 SL No. 140 s 21 sch 1 (sec.8-ssec.1) A person who has an obligation under the Act to manage risk at a mine must, as far as reasonably practicable, apply hazard controls in the following order— elimination of the hazard; substitution with a lesser hazard; separation of persons from the hazard; engineering controls; using fans and ducting to remove dust using guards on conveyors administrative controls; a restriction on the time a worker is exposed to a hazard a procedure or standard work instruction personal protective equipment. (sec.8-ssec.2) The site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following— the interaction of hazards present in the environments; the effectiveness and reliability of the controls; other reasonably available relevant information and data from, and practices in, other industries and mining operations.
A person who has an obligation under the Act to manage risk at a mine must monitor risk in the person’s own work and activities at the mine. The site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored— when the operations start; and at appropriate intervals or stages during operations at the mine; and when the mine’s risk management practices or procedures change significantly. Monitoring must include the following things— the occurrence of incidents, injuries and ill health; the level of hazards present in the mine’s work environment; for monitoring under subsection (2) —the level of hazards from the mine’s operations present in the mine’s local environment. If it is appropriate, having regard to the nature and level of a hazard present in the work environment, the monitoring must include 1 or more of the following things— personal monitoring to decide a worker’s level of exposure to the hazard; monitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise self-monitoring to detect effects of the hazard; self-recognition of physical symptoms of heat stress or fatigue biological monitoring to decide a worker’s level of exposure to the hazard; biological monitoring to determine a worker’s blood lead level health surveillance under schedule 2E . s 9 amd 2019 SL No. 140 s 21 sch 1 ; 2020 SL No. 108 s 10 ; 2023 SL No. 71 s 5 (sec.9-ssec.1) A person who has an obligation under the Act to manage risk at a mine must monitor risk in the person’s own work and activities at the mine. (sec.9-ssec.2) The site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored— when the operations start; and at appropriate intervals or stages during operations at the mine; and when the mine’s risk management practices or procedures change significantly. (sec.9-ssec.3) Monitoring must include the following things— the occurrence of incidents, injuries and ill health; the level of hazards present in the mine’s work environment; for monitoring under subsection (2) —the level of hazards from the mine’s operations present in the mine’s local environment. (sec.9-ssec.4) If it is appropriate, having regard to the nature and level of a hazard present in the work environment, the monitoring must include 1 or more of the following things— personal monitoring to decide a worker’s level of exposure to the hazard; monitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise self-monitoring to detect effects of the hazard; self-recognition of physical symptoms of heat stress or fatigue biological monitoring to decide a worker’s level of exposure to the hazard; biological monitoring to determine a worker’s blood lead level health surveillance under schedule 2E .
This section applies to a risk management process carried out at a mine— because the process is essential for managing risk from a hazard that is present, or is likely to be present in proposed operations, at the mine; or a risk management process carried out under section 32 under— a guideline; or a directive given by an inspector or inspection officer under part 9 of the Act . The site senior executive for the mine must ensure a record of the process is made containing the following details— the names of the persons involved in the risk assessment and their respective positions in the mine’s management structure; a description of the hazard to which the process relates; the method used for assessing the likelihood and consequences of the risk; the controls proposed to reduce the risk. The site senior executive for the mine must ensure the record is kept at the mine until the hazard to which the process relates is no longer present at the mine. s 10 amd 2019 SL No. 140 s 21 sch 1 (sec.10-ssec.1) This section applies to a risk management process carried out at a mine— because the process is essential for managing risk from a hazard that is present, or is likely to be present in proposed operations, at the mine; or a risk management process carried out under section 32 under— a guideline; or a directive given by an inspector or inspection officer under part 9 of the Act . (sec.10-ssec.2) The site senior executive for the mine must ensure a record of the process is made containing the following details— the names of the persons involved in the risk assessment and their respective positions in the mine’s management structure; a description of the hazard to which the process relates; the method used for assessing the likelihood and consequences of the risk; the controls proposed to reduce the risk. (sec.10-ssec.3) The site senior executive for the mine must ensure the record is kept at the mine until the hazard to which the process relates is no longer present at the mine.
The site senior executive for a mine must ensure a record of monitoring carried out under section 9 (2) is made and kept for the following period— for a hazard with a cumulative or delayed effect—30 years; silica, noise or vibration for another hazard—7 years. If the mine ceases operations in the period the record is required to be kept under subsection (1) , the site senior executive must ask for, and comply with, the CEO’s directions about the record’s storage. s 11 amd 2019 SL No. 140 s 21 sch 1 ; 2020 SL No. 69 s 24 sch 1 (sec.11-ssec.1) The site senior executive for a mine must ensure a record of monitoring carried out under section 9 (2) is made and kept for the following period— for a hazard with a cumulative or delayed effect—30 years; silica, noise or vibration for another hazard—7 years. (sec.11-ssec.2) If the mine ceases operations in the period the record is required to be kept under subsection (1) , the site senior executive must ask for, and comply with, the CEO’s directions about the record’s storage.
In this part— reporting period , for a mine, means— if the responsible person for the mine chooses under section 11DA (2) to give a safety and health census for the mine for a financial year—the financial year; or otherwise—each quarter. s 11A def reporting period ins 2019 SL No. 221 s 21 responsible person , for a mine, means the responsible person for the mine within the meaning of section 11B . safety and health census see section 11D (1) . safety and health fee see section 11C (1) .
A person is the responsible person for a mine if the person is— for a mine operated under a mining tenure, other than a mining tenure that is a prospecting permit or mining claim— if the operator for the mine is an individual—the holder of the mining tenure for the mine; or if the operator for the mine is a corporation—the operator for the mine; or for a quarry—the operator for the mine; or for a place that is a mine under section 9 (1) (c) of the Act —the person in control of the mine. 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 11D , the responsible person for the 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 61 (1) (c) , 133 (c) , 183 (1) (c) and 245 (1) (c) . otherwise—any person who is a holder of the mining tenure. s 11B amd 2021 SL No. 75 s 15 (sec.11B-ssec.1) A person is the responsible person for a mine if the person is— for a mine operated under a mining tenure, other than a mining tenure that is a prospecting permit or mining claim— if the operator for the mine is an individual—the holder of the mining tenure for the mine; or if the operator for the mine is a corporation—the operator for the mine; or for a quarry—the operator for the mine; or for a place that is a mine under section 9 (1) (c) of the Act —the person in control of the mine. (sec.11B-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 11D , the responsible person for the 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 61 (1) (c) , 133 (c) , 183 (1) (c) and 245 (1) (c) . otherwise—any person who is a holder of the mining tenure.
The responsible person for a 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 operations. The amount of the safety and health fee for a reporting period for a mine is stated in schedule 6 , part 2 . The amount of the safety and health fee for a reporting period for a mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the mine under section 11D for the reporting period. Subsection (5) applies if the responsible person for the mine gives the CEO a safety and health census under section 11D for a reporting period for the mine. The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the 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. 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 mine the invoice. The responsible person for the 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. 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 11E . no safety and health fee for the reporting period for the mine is payable under schedule 6 , part 2 . Subsection (10) applies if— the responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D ; and the CEO has not given the responsible person for the mine a notice mentioned in section 11E (2) relating to the census. The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine within 40 days after receiving the census. 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. s 11C sub 2019 SL No. 221 s 22 amd 2020 SL No. 69 ss 18 , 24 sch 1 ; 2021 SL No. 75 s 16 (sec.11C-ssec.1) The responsible person for a 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 operations. (sec.11C-ssec.2) The amount of the safety and health fee for a reporting period for a mine is stated in schedule 6 , part 2 . (sec.11C-ssec.3) The amount of the safety and health fee for a reporting period for a mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the mine under section 11D for the reporting period. (sec.11C-ssec.4) Subsection (5) applies if the responsible person for the mine gives the CEO a safety and health census under section 11D for a reporting period for the mine. (sec.11C-ssec.5) The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the 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. (sec.11C-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 mine the invoice. (sec.11C-ssec.7) The responsible person for the 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. (sec.11C-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 11E . no safety and health fee for the reporting period for the mine is payable under schedule 6 , part 2 . (sec.11C-ssec.9) Subsection (10) applies if— the responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D ; and the CEO has not given the responsible person for the mine a notice mentioned in section 11E (2) relating to the census. (sec.11C-ssec.10) The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine within 40 days after receiving the census. (sec.11C-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.
The responsible person for a mine must give the CEO, within 20 days after the end of each reporting period, a notice (a safety and health census ) stating the number of workers working at the mine during the reporting period. Maximum penalty—100 penalty units. 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. 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. The safety and health census must be in the approved form. s 11D amd 2019 SL No. 221 s 23 ; 2020 SL No. 69 s 24 sch 1 (sec.11D-ssec.1) The responsible person for a mine must give the CEO, within 20 days after the end of each reporting period, a notice (a safety and health census ) stating the number of workers working at the mine during the reporting period. Maximum penalty—100 penalty units. (sec.11D-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. (sec.11D-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. (sec.11D-ssec.4) The safety and health census must be in the approved form.
This section applies if the number of workers working at a mine is 5 or fewer. Subject to subsection (6) , the responsible person for the mine may choose to give a safety and health census for the mine for a financial year, rather than for each quarter of a financial year. The responsible person for the 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 mine for an earlier quarter of the financial year. Subsection (5) applies if the responsible person for the mine— chooses to give a safety and health census for the mine for a financial year; and has already paid a safety and health fee for the mine for an earlier quarter of the financial year. The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the mine using the safety and health census for the financial year. The CEO may, by written notice to the responsible person for the mine, require the person to give a safety and health census for the mine for each quarter of the current financial year and subsequent financial years. The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the mine. s 11DA ins 2019 SL No. 221 s 24 amd 2020 SL No. 69 s 24 sch 1 (sec.11DA-ssec.1) This section applies if the number of workers working at a mine is 5 or fewer. (sec.11DA-ssec.2) Subject to subsection (6) , the responsible person for the mine may choose to give a safety and health census for the mine for a financial year, rather than for each quarter of a financial year. (sec.11DA-ssec.3) The responsible person for the 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 mine for an earlier quarter of the financial year. (sec.11DA-ssec.4) Subsection (5) applies if the responsible person for the mine— chooses to give a safety and health census for the mine for a financial year; and has already paid a safety and health fee for the mine for an earlier quarter of the financial year. (sec.11DA-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 mine using the safety and health census for the financial year. (sec.11DA-ssec.6) The CEO may, by written notice to the responsible person for the mine, require the person to give a safety and health census for the mine for each quarter of the current financial year and subsequent financial years. (sec.11DA-ssec.7) The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the mine.
This section applies if— the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or the number of workers working at the mine increases to more than 5. Despite section 11A , definition reporting period , the reporting period for the mine is each quarter of the financial year. The responsible person must give the CEO a safety and health census for the 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. Section 11D applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11D (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. Section 11F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11F (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. Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 11DA (7) . If subsection (1) (b) (ii) applies, the responsible person for the mine may not choose under section 11DA (2) to give a safety and health census for the mine for the financial year, even if the number of workers decreases to 5 or fewer. 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 11DA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter. s 11DB ins 2019 SL No. 221 s 24 amd 2020 SL No. 69 s 24 sch 1 (sec.11DB-ssec.1) This section applies if— the responsible person for a mine has chosen to give a safety and health census for the mine for a financial year under section 11DA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 11DA (6) requiring a safety and health census for the mine for each quarter of the financial year; or the number of workers working at the mine increases to more than 5. (sec.11DB-ssec.2) Despite section 11A , definition reporting period , the reporting period for the mine is each quarter of the financial year. (sec.11DB-ssec.3) The responsible person must give the CEO a safety and health census for the 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. (sec.11DB-ssec.4) Section 11D applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11D (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. (sec.11DB-ssec.5) Section 11F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 11F (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. (sec.11DB-ssec.6) Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 11DA (7) . (sec.11DB-ssec.7) If subsection (1) (b) (ii) applies, the responsible person for the mine may not choose under section 11DA (2) to give a safety and health census for the mine for the financial year, even if the number of workers decreases to 5 or fewer. (sec.11DB-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 11DA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter.
This section applies to a responsible person for a mine who is required to give the CEO a safety and health census. 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. 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 workers working at the mine; the number of full-time workers, and non full-time workers, working at the mine; the number of hours worked by workers working at the mine. 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. 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. 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. s 11DC ins 2020 SL No. 69 s 19 (sec.11DC-ssec.1) This section applies to a responsible person for a mine who is required to give the CEO a safety and health census. (sec.11DC-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. (sec.11DC-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 workers working at the mine; the number of full-time workers, and non full-time workers, working at the mine; the number of hours worked by workers working at the mine. (sec.11DC-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. (sec.11DC-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. (sec.11DC-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.
This section applies if the CEO reasonably believes, based on information available to the CEO, the responsible person for a mine— has not given a safety and health census under section 11D ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect. The CEO may give the responsible person a notice— stating the following information— 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 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 mine should not be invoiced for the amount mentioned in paragraph (a) (iii) . The CEO must consider any submissions given by the responsible person within the period stated in the notice. 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. Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee. The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice. s 11E amd 2020 SL No. 69 s 24 sch 1 (sec.11E-ssec.1) This section applies if the CEO reasonably believes, based on information available to the CEO, the responsible person for a mine— has not given a safety and health census under section 11D ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect. (sec.11E-ssec.2) The CEO may give the responsible person a notice— stating the following information— 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 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 mine should not be invoiced for the amount mentioned in paragraph (a) (iii) . (sec.11E-ssec.3) The CEO must consider any submissions given by the responsible person within the period stated in the notice. (sec.11E-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. (sec.11E-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. (sec.11E-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.
This section applies if the responsible person for a mine does not give a safety and health census for a reporting period before either of the following days— if the CEO has given the responsible person a notice mentioned in section 11D (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. The obligation under section 11D to give a safety and health census continues to apply until that section is complied with. A late fee applies and is payable as well as any penalty imposed under section 11D (1) or (3) . The amount of the late fee is stated in schedule 6 , part 2 . s 11F amd 2019 SL No. 221 s 25 ; 2020 SL No. 69 s 24 sch 1 (sec.11F-ssec.1) This section applies if the responsible person for a mine does not give a safety and health census for a reporting period before either of the following days— if the CEO has given the responsible person a notice mentioned in section 11D (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. (sec.11F-ssec.2) The obligation under section 11D to give a safety and health census continues to apply until that section is complied with. (sec.11F-ssec.3) A late fee applies and is payable as well as any penalty imposed under section 11D (1) or (3) . (sec.11F-ssec.4) The amount of the late fee is stated in schedule 6 , part 2 .
This section applies if the responsible person for a mine does not pay an amount of a safety and health fee under section 11C or 11E . The responsible person must pay interest on the unpaid amount at the rate of 15% a year. The interest must be calculated as simple interest. The interest payable on the unpaid amount may be recovered by the CEO as a debt. s 11G amd 2020 SL No. 69 s 24 sch 1 (sec.11G-ssec.1) This section applies if the responsible person for a mine does not pay an amount of a safety and health fee under section 11C or 11E . (sec.11G-ssec.2) The responsible person must pay interest on the unpaid amount at the rate of 15% a year. (sec.11G-ssec.3) The interest must be calculated as simple interest. (sec.11G-ssec.4) The interest payable on the unpaid amount may be recovered by the CEO as a debt.
If a safety and health fee is overpaid by the responsible person for a mine, the CEO must refund the amount of the overpayment to the responsible person. No interest is payable on the amount refunded. s 11H amd 2020 SL No. 69 s 24 sch 1 (sec.11H-ssec.1) If a safety and health fee is overpaid by the responsible person for a mine, the CEO must refund the amount of the overpayment to the responsible person. (sec.11H-ssec.2) No interest is payable on the amount refunded.
The site senior executive for a mine must ensure a person who is injured, or whose health is affected, at the mine is given appropriate first aid or medical treatment. s 12 amd 2019 SL No. 140 s 21 sch 1
s 12A om 2024 SL No. 167 s 52
For section 195AA (5) of the Act , definition reportable disease , a disease mentioned in schedule 1 is prescribed. s 12B amd 2024 SL No. 167 s 53
s 12C ins 2023 SL No. 71 s 6 om 2024 SL No. 167 s 54
For section 197 (1) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 is prescribed. s 13 amd 2024 SL No. 167 s 55
A mine’s safety and health management system must include procedures for workers reporting accidents and high potential incidents to the site senior executive for the mine. s 14 amd 2019 SL No. 140 s 21 sch 1
In investigating the cause of an incident at a mine, the site senior executive for the mine must use techniques that— are appropriate for— the nature of the incident; and the nature and level of the hazards involved; and are integrated with the risk management process; and involve appropriate participation by persons involved in the incident. A mine’s safety and health management system must provide for documenting the techniques that must be used for investigating incidents. s 15 amd 2019 SL No. 140 s 21 sch 1 (sec.15-ssec.1) In investigating the cause of an incident at a mine, the site senior executive for the mine must use techniques that— are appropriate for— the nature of the incident; and the nature and level of the hazards involved; and are integrated with the risk management process; and involve appropriate participation by persons involved in the incident. (sec.15-ssec.2) A mine’s safety and health management system must provide for documenting the techniques that must be used for investigating incidents.
This section applies if an accident or high potential incident happens at a mine. If requested by an inspector, the site senior executive for the mine must give the inspector a plan, of the type and at the scale required by the inspector, or photographs, showing relevant details about the accident or incident. s 16 amd 2019 SL No. 140 s 21 sch 1 (sec.16-ssec.1) This section applies if an accident or high potential incident happens at a mine. (sec.16-ssec.2) If requested by an inspector, the site senior executive for the mine must give the inspector a plan, of the type and at the scale required by the inspector, or photographs, showing relevant details about the accident or incident.
If electrical work is, or is proposed to be, undertaken in operations at a mine, the site senior executive for the mine must appoint, in writing, 1 or more persons to control the electrical work. s 17 amd 2019 SL No. 140 s 21 sch 1
A person appointed to control electrical work at a mine must acknowledge the appointment by notice given to the site senior executive for the mine. For section 59 (1) (e) of the Act , the notice is prescribed as a matter that must be included in the mine record. s 18 amd 2019 SL No. 140 s 21 sch 1 (sec.18-ssec.1) A person appointed to control electrical work at a mine must acknowledge the appointment by notice given to the site senior executive for the mine. (sec.18-ssec.2) For section 59 (1) (e) of the Act , the notice is prescribed as a matter that must be included in the mine record.
Before an electricity supply exceeding 75kW capacity is introduced to, or permanently disconnected from, a mine, the site senior executive for the mine must notify an inspector of the proposed introduction or disconnection. s 19 amd 2019 SL No. 140 s 21 sch 1
The site senior executive for a mine must ensure the following are kept at the mine for the safe operation of each electrical installation at the mine— up-to-date plans identifying and showing the location of electrical installations at the mine, including buried electrical services; electrical safety data including equipment ratings and protection settings for circuit protection devices. In this section— 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. s 20 amd 2019 SL No. 140 s 21 sch 1 (sec.20-ssec.1) The site senior executive for a mine must ensure the following are kept at the mine for the safe operation of each electrical installation at the mine— up-to-date plans identifying and showing the location of electrical installations at the mine, including buried electrical services; electrical safety data including equipment ratings and protection settings for circuit protection devices. (sec.20-ssec.2) In this section— 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.
A person must not carry out work on electrical equipment that has explosion-protection, unless the person has the competencies to carry out the work. In this section— explosion-protection means a technique of protection applied to the design of electrical equipment, components and systems to prevent the electrical energy from becoming an ignition source in the presence of flammable vapours or gases or combustible dusts in hazardous areas. (sec.21-ssec.1) A person must not carry out work on electrical equipment that has explosion-protection, unless the person has the competencies to carry out the work. (sec.21-ssec.2) In this section— explosion-protection means a technique of protection applied to the design of electrical equipment, components and systems to prevent the electrical energy from becoming an ignition source in the presence of flammable vapours or gases or combustible dusts in hazardous areas.
The operator or site senior executive must ensure— switchgear used at the mine allows for reliable circuit interruption, under fault conditions, at all points in the mine’s electrical distribution system; and each electrical circuit at the mine is protected against overload, short circuit and earth fault under all operating conditions to effectively— interrupt the electricity supply; and isolate faults.
The operator or site senior executive must ensure the electricity supply to the following plant at the mine is capable of interruption from an accessible position remote from the plant— a stacker, reclaimer, dredge, floating treatment plant and underground electrical installation; other plant identified by a risk assessment as needing its electricity supply to be capable of interruption from an accessible position remote from the plant to ensure an acceptable level of risk.
The operator or site senior executive must ensure— each automatic, programmable or computerised electrical control system at the mine operates safely under all operating conditions, including power supply instability or failure; and the emergency stopping systems and safety alarms at the mine remain effective if there is a fault or failure in a system mentioned in paragraph (a) .
The operator or site senior executive must ensure each earthing system at the mine is installed and maintained at sufficiently low impedance and has sufficient capacity to ensure— reliable operation of electrical protective systems and devices; and adequate protection against contact with conductive parts that have become live under fault conditions.
The operator or site senior executive must ensure the mine has earth leakage protection for each electrical circuit exceeding extra low voltage that— is in an underground mine; or is in a portable, transportable or mobile apparatus; or has an outlet for, or supplies electricity to, a trailing cable or flexible lead. Subsection (1) does not apply to the following circuits— an electrical circuit— isolated from earth; or that uses the earth to carry all or part of the normal current of a circuit; or for which continuity of supply is necessary to maintain safety; a control or lighting circuit of less than 120V a.c. (sec.26-ssec.1) The operator or site senior executive must ensure the mine has earth leakage protection for each electrical circuit exceeding extra low voltage that— is in an underground mine; or is in a portable, transportable or mobile apparatus; or has an outlet for, or supplies electricity to, a trailing cable or flexible lead. (sec.26-ssec.2) Subsection (1) does not apply to the following circuits— an electrical circuit— isolated from earth; or that uses the earth to carry all or part of the normal current of a circuit; or for which continuity of supply is necessary to maintain safety; a control or lighting circuit of less than 120V a.c.
A person carrying out or preparing to carry out work on or near electrical equipment must treat each exposed electrical conductor as live until the equipment is— isolated and proved to be de-energised; and if the equipment is a high voltage conductor—earthed. s 26A amd 2026 SL No. 27 s 7
The operator or site senior executive must ensure each item of electrical equipment used at the mine has a full current isolation facility in a location that is easily accessible by a person required to carry out the isolation. The operator or site senior executive must also ensure the isolator is— clearly marked or labelled as the isolator for the plant; and compatible with the mine’s isolation and lock-out procedures. (sec.27-ssec.1) The operator or site senior executive must ensure each item of electrical equipment used at the mine has a full current isolation facility in a location that is easily accessible by a person required to carry out the isolation. (sec.27-ssec.2) The operator or site senior executive must also ensure the isolator is— clearly marked or labelled as the isolator for the plant; and compatible with the mine’s isolation and lock-out procedures.
This section applies if transportable or mobile equipment used at a mine is supplied with electricity exceeding extra low voltage by a trailing or reeling cable, other than a low voltage cable that has— no joining plugs or sockets; and earth leakage protection with a rated tripping current of not more than 30mA; and individually screened power conductors. The site senior executive for the mine must ensure the equipment has earth continuity protection to— isolate the electricity supply to the equipment immediately after the earthing circuit is broken or the cable is disconnected or decoupled; and prevent a person inadvertently contacting live parts of the equipment. s 28 amd 2019 SL No. 140 s 21 sch 1 (sec.28-ssec.1) This section applies if transportable or mobile equipment used at a mine is supplied with electricity exceeding extra low voltage by a trailing or reeling cable, other than a low voltage cable that has— no joining plugs or sockets; and earth leakage protection with a rated tripping current of not more than 30mA; and individually screened power conductors. (sec.28-ssec.2) The site senior executive for the mine must ensure the equipment has earth continuity protection to— isolate the electricity supply to the equipment immediately after the earthing circuit is broken or the cable is disconnected or decoupled; and prevent a person inadvertently contacting live parts of the equipment.
The operator or site senior executive must ensure electrical equipment exceeding extra low voltage used at the mine has a device or feature for preventing a person inadvertently contacting live parts of the equipment. an enclosure, shield, insulation, interlocking device or automatic disconnection device
The operator or site senior executive must ensure the prospective touch voltage at the mine is limited to a level necessary to achieve an acceptable level of risk. In this section— prospective touch voltage means the highest voltage a person is liable to be exposed to if the person contacts simultaneously accessible parts in an electrical installation during an electrical fault. (sec.30-ssec.1) The operator or site senior executive must ensure the prospective touch voltage at the mine is limited to a level necessary to achieve an acceptable level of risk. (sec.30-ssec.2) In this section— prospective touch voltage means the highest voltage a person is liable to be exposed to if the person contacts simultaneously accessible parts in an electrical installation during an electrical fault.
The operator or site senior executive must ensure voltage rise in an electrical installation at the mine caused by lightning strike, static electricity, voltage surges and other transient voltages is limited to a level necessary to achieve an acceptable level of risk, having regard to the ways stated in a guideline for limiting voltage rise.
The site senior executive for a mine must ensure the risk management process mentioned in part 2 , division 2 is carried out for reasonably foreseeable emergencies at the mine to decide the resources, facilities and procedures necessary to— prepare the mine for managing and controlling the hazards causing the emergencies; and detect the emergencies; and respond appropriately to the emergencies. The resources, facilities and procedures considered in the risk management process must deal with the following matters— coordinating control of emergencies; giving notice, information and warnings about emergencies; the immediate availability of trained rescue persons or emergency services; locating, and accounting for, persons; controlling or re-establishing control of the hazard causing the emergency; isolating the area of the incident, including, for example, by cutting off the supply of energy to the area; emergency egress and evacuation, including refuges; first aid and persons trained in giving first aid; liaising with, and using, local or state emergency services; backup services and facilities for the emergency. s 32 amd 2019 SL No. 140 s 21 sch 1 (sec.32-ssec.1) The site senior executive for a mine must ensure the risk management process mentioned in part 2 , division 2 is carried out for reasonably foreseeable emergencies at the mine to decide the resources, facilities and procedures necessary to— prepare the mine for managing and controlling the hazards causing the emergencies; and detect the emergencies; and respond appropriately to the emergencies. (sec.32-ssec.2) The resources, facilities and procedures considered in the risk management process must deal with the following matters— coordinating control of emergencies; giving notice, information and warnings about emergencies; the immediate availability of trained rescue persons or emergency services; locating, and accounting for, persons; controlling or re-establishing control of the hazard causing the emergency; isolating the area of the incident, including, for example, by cutting off the supply of energy to the area; emergency egress and evacuation, including refuges; first aid and persons trained in giving first aid; liaising with, and using, local or state emergency services; backup services and facilities for the emergency.
The site senior executive for a mine must ensure the mine has the resources and facilities decided as necessary under section 32 for the mine’s preparedness for reasonably foreseeable emergencies. s 33 amd 2019 SL No. 140 s 21 sch 1
A mine’s safety and health management system must include an emergency response plan developed having regard to the risk management process carried out under section 32 . The site senior executive for a mine that is not required to have a safety and health management system under section 38 (3) or 39 (2) of the Act must ensure the mine has an emergency response plan developed having regard to the risk management process carried out under section 32 . The operator of a mine mentioned in subsection (2) must provide adequate resources at the mine to ensure the effectiveness and implementation of the emergency response plan. See section 38 (1) (f) of the Act for the operator’s obligation about resources for a mine that is required to have a safety and health management system. (sec.35-ssec.1) A mine’s safety and health management system must include an emergency response plan developed having regard to the risk management process carried out under section 32 . (sec.35-ssec.2) The site senior executive for a mine that is not required to have a safety and health management system under section 38 (3) or 39 (2) of the Act must ensure the mine has an emergency response plan developed having regard to the risk management process carried out under section 32 . (sec.35-ssec.3) The operator of a mine mentioned in subsection (2) must provide adequate resources at the mine to ensure the effectiveness and implementation of the emergency response plan. See section 38 (1) (f) of the Act for the operator’s obligation about resources for a mine that is required to have a safety and health management system.
This section applies to a mine if resources, facilities or procedures for evacuating persons are decided as necessary for the mine under section 32 . The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— a normal way of access; signed escape ways independent of the normal way of access; assembly areas; equipment and training for self-rescue; resources, facilities and procedures for tracing persons involved in an incident at the mine; a way of knowing the names and approximate location of all persons underground. If an emergency happens at the mine and creates, or is likely to create, an unacceptable level of risk, the site senior executive for the mine must ensure— persons who are, or may be, harmed or affected as a result of the emergency are evacuated from the area of unacceptable risk; and persons, other than those required to handle the emergency, are prevented from entering the area. s 36 amd 2019 SL No. 140 s 21 sch 1 (sec.36-ssec.1) This section applies to a mine if resources, facilities or procedures for evacuating persons are decided as necessary for the mine under section 32 . (sec.36-ssec.2) The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— a normal way of access; signed escape ways independent of the normal way of access; assembly areas; equipment and training for self-rescue; resources, facilities and procedures for tracing persons involved in an incident at the mine; a way of knowing the names and approximate location of all persons underground. (sec.36-ssec.3) If an emergency happens at the mine and creates, or is likely to create, an unacceptable level of risk, the site senior executive for the mine must ensure— persons who are, or may be, harmed or affected as a result of the emergency are evacuated from the area of unacceptable risk; and persons, other than those required to handle the emergency, are prevented from entering the area.
The underground mine manager or, if there is no underground mine manager, the site senior executive for a mine, must ensure that, before stoping operations start at the mine, the mine has at least 2 trafficable egresses (the escapeways ), complying with subsection (2) , accessible from all stoping operations to the surface. The escapeways must— be located strategically to manage risk; and allow for the passage of rescue persons and rescue equipment, including stretchers; and be separated in a way that an event happening in 1 of the escapeways would not prevent persons escaping through the other escapeway. The underground mine manager or, if there is no underground mine manager, the site senior executive for the mine, must ensure each of the escapeways is— maintained in a safe, accessible and usable condition; and adequately marked or signposted, having regard to the potential for reduced visibility in an emergency. s 36A amd 2019 SL No. 140 s 21 sch 1 (sec.36A-ssec.1) The underground mine manager or, if there is no underground mine manager, the site senior executive for a mine, must ensure that, before stoping operations start at the mine, the mine has at least 2 trafficable egresses (the escapeways ), complying with subsection (2) , accessible from all stoping operations to the surface. (sec.36A-ssec.2) The escapeways must— be located strategically to manage risk; and allow for the passage of rescue persons and rescue equipment, including stretchers; and be separated in a way that an event happening in 1 of the escapeways would not prevent persons escaping through the other escapeway. (sec.36A-ssec.5) The underground mine manager or, if there is no underground mine manager, the site senior executive for the mine, must ensure each of the escapeways is— maintained in a safe, accessible and usable condition; and adequately marked or signposted, having regard to the potential for reduced visibility in an emergency.
This section applies to a mine if refuges for emergencies are decided as necessary for the mine under section 32 . The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— fresh air bases; self-contained refuge chambers; secure areas where persons can be protected against the hazard causing the incident. A person must seek refuge until rescued if— an emergency happens at a mine and creates, or is likely to create, an unacceptable level of risk for the person; and the person can not be evacuated promptly from the area of unacceptable risk. s 37 amd 2019 SL No. 140 s 21 sch 1 (sec.37-ssec.1) This section applies to a mine if refuges for emergencies are decided as necessary for the mine under section 32 . (sec.37-ssec.2) The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— fresh air bases; self-contained refuge chambers; secure areas where persons can be protected against the hazard causing the incident. (sec.37-ssec.3) A person must seek refuge until rescued if— an emergency happens at a mine and creates, or is likely to create, an unacceptable level of risk for the person; and the person can not be evacuated promptly from the area of unacceptable risk.
This section applies to a mine if facilities or procedures for rescuing persons in emergencies are decided as necessary for the mine under section 32 . The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— facilities or procedures for— persons, and using equipment, on-site; and liaising with, and using, local or state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based persons and suitable rescue equipment; and facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue. The site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine. In deciding what action is reasonable for subsection (3) , the site senior executive must have regard to the risk to persons in carrying out the rescue. s 38 amd 2019 SL No. 140 s 21 sch 1 (sec.38-ssec.1) This section applies to a mine if facilities or procedures for rescuing persons in emergencies are decided as necessary for the mine under section 32 . (sec.38-ssec.2) The site senior executive for the mine must ensure the mine has the following things as are appropriate, having regard to the nature and complexity of the mine’s operations— facilities or procedures for— persons, and using equipment, on-site; and liaising with, and using, local or state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based persons and suitable rescue equipment; and facilities and procedures for liaising with, and using, persons and equipment from other operations and agencies for carrying out a rescue. (sec.38-ssec.3) The site senior executive must ensure reasonable action is taken to rescue persons from an area of unacceptable risk, or a refuge, at the mine. (sec.38-ssec.4) In deciding what action is reasonable for subsection (3) , the site senior executive must have regard to the risk to persons in carrying out the rescue.
This section applies to a mine if facilities or procedures for first aid or medical treatment for emergencies are decided to be necessary for the mine under a risk management process carried out under section 32 . The site senior executive must, if it is appropriate having regard to the nature and complexity of the mine’s operations, ensure the mine has the following things— adequate supplies of first aid and trauma kits; basic life support training for workers; equipment appropriate for controlling the on-site hazards identified by the risk management process; facilities and procedures for liaising with, and using, local and state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based personnel and suitable first aid and medical equipment; and facilities and procedures for evacuating persons from the site for medical treatment. s 39 amd 2019 SL No. 140 s 21 sch 1 amdt 8 (amdt could not be given effect) (sec.39-ssec.1) This section applies to a mine if facilities or procedures for first aid or medical treatment for emergencies are decided to be necessary for the mine under a risk management process carried out under section 32 . (sec.39-ssec.2) The site senior executive must, if it is appropriate having regard to the nature and complexity of the mine’s operations, ensure the mine has the following things— adequate supplies of first aid and trauma kits; basic life support training for workers; equipment appropriate for controlling the on-site hazards identified by the risk management process; facilities and procedures for liaising with, and using, local and state emergency services; if the nature or remoteness of the mine’s operations limit the effectiveness of local or state emergency services— the availability of suitably trained site-based personnel and suitable first aid and medical equipment; and facilities and procedures for evacuating persons from the site for medical treatment.
The site senior executive for a mine must ensure the mine’s emergency response facilities and equipment are inspected regularly and maintained in a fully operational condition. The site senior executive for a mine must also ensure the mine’s emergency response plan is— tested and reviewed as often as appropriate, having regard to the nature and complexity of the mine’s operations, but at least once a year; and amended, if necessary, to achieve an acceptable level of risk. s 40 amd 2019 SL No. 140 s 21 sch 1 (sec.40-ssec.1) The site senior executive for a mine must ensure the mine’s emergency response facilities and equipment are inspected regularly and maintained in a fully operational condition. (sec.40-ssec.2) The site senior executive for a mine must also ensure the mine’s emergency response plan is— tested and reviewed as often as appropriate, having regard to the nature and complexity of the mine’s operations, but at least once a year; and amended, if necessary, to achieve an acceptable level of risk.
The site senior executive for a mine must ensure the mine has a current rescue plan showing the mine’s emergency facilities, including relevant services reticulation and communication arrangements. For an underground mine, the plan must also show the following things— the direction and quantity of the ventilating airflow; the location of ventilation controls. In an emergency, the site senior executive must make available to the persons carrying out the rescue a sufficient number of copies of the plan at a scale suitable for use by the persons in the emergency. s 41 amd 2019 SL No. 140 s 21 sch 1 (sec.41-ssec.1) The site senior executive for a mine must ensure the mine has a current rescue plan showing the mine’s emergency facilities, including relevant services reticulation and communication arrangements. (sec.41-ssec.2) For an underground mine, the plan must also show the following things— the direction and quantity of the ventilating airflow; the location of ventilation controls. (sec.41-ssec.3) In an emergency, the site senior executive must make available to the persons carrying out the rescue a sufficient number of copies of the plan at a scale suitable for use by the persons in the emergency.
If a dredge is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for the following things— ways of preventing— the dredge capsizing or sinking; and persons falling overboard; emergency rescue procedures for an event mentioned in paragraph (a) . s 42 amd 2019 SL No. 140 s 21 sch 1
If an excavation exists on a mine site, the site senior executive for the mine must ensure appropriate facilities are provided to minimise the risk to persons from falling into the excavation. a fence, barricade, bund wall or signage In this section— excavation includes a shaft, stope, pass, winze, mine or quarry face, trench, costean and pit. s 43 amd 2019 SL No. 140 s 21 sch 1 (sec.43-ssec.1) If an excavation exists on a mine site, the site senior executive for the mine must ensure appropriate facilities are provided to minimise the risk to persons from falling into the excavation. a fence, barricade, bund wall or signage (sec.43-ssec.2) In this section— excavation includes a shaft, stope, pass, winze, mine or quarry face, trench, costean and pit.
A person who has an obligation under the Act to manage risk in relation to ground control at a mine during the mine’s design, operation or abandonment must ensure appropriate measures are taken to prevent or control local and area failures in ground integrity. The person must have regard to the following matters in deciding the appropriate measures— local geological structure and rock properties and their influence on rock stability; the size and geometry of the mine’s openings; the presence of previously excavated or abandoned underground workings; water inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on rock stability over time; the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations. The measures must include the following things— the minimisation of rock damage, from blasting, at the excavation perimeter; the use of appropriate equipment and procedures for scaling; the proper design, installation and quality control of rock support; the timing of ground support to take account of rock conditions and behaviour. (sec.44-ssec.1) A person who has an obligation under the Act to manage risk in relation to ground control at a mine during the mine’s design, operation or abandonment must ensure appropriate measures are taken to prevent or control local and area failures in ground integrity. (sec.44-ssec.2) The person must have regard to the following matters in deciding the appropriate measures— local geological structure and rock properties and their influence on rock stability; the size and geometry of the mine’s openings; the presence of previously excavated or abandoned underground workings; water inflow, drainage patterns, groundwater regimes and mine dewatering procedures and their influence on rock stability over time; the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations. (sec.44-ssec.3) The measures must include the following things— the minimisation of rock damage, from blasting, at the excavation perimeter; the use of appropriate equipment and procedures for scaling; the proper design, installation and quality control of rock support; the timing of ground support to take account of rock conditions and behaviour.
A person who has an obligation under the Act to manage risk at a mine in relation to mine layout, design and construction must ensure the layout, design and construction is carried out having regard to the following matters— relevant geological, geotechnical, meteorological and topographical data; other relevant information, including information about the following things— access and travel-ways; accommodation; extraction processes and facilities; fixed emergency facilities; ground control; hazardous chemicals at the mine; noise and dust; stockpiles, dumps, tailings dams; treatment processes and facilities; underground and surface water; vehicle interaction; ventilation. s 45 amd 2019 SL No. 140 s 21 sch 1
A person who has an obligation under the Act to manage risk at a mine in relation to the design and construction of the mine’s roads must ensure the specification for the design and construction enables the safe movement of vehicles about the mine. The specification must have regard to the particular conditions at the mine, including the following matters— the characteristics of the mine vehicles; the types of materials used for road construction; the mine’s operations. (sec.46-ssec.1) A person who has an obligation under the Act to manage risk at a mine in relation to the design and construction of the mine’s roads must ensure the specification for the design and construction enables the safe movement of vehicles about the mine. (sec.46-ssec.2) The specification must have regard to the particular conditions at the mine, including the following matters— the characteristics of the mine vehicles; the types of materials used for road construction; the mine’s operations.
If rail mounted locomotive haulage is used at a mine, the site senior executive for the mine must ensure the mine has a written procedure for its safe operation. s 47 amd 2019 SL No. 140 s 21 sch 1
A person who has an obligation under the Act to manage risk in relation to ventilation at a mine must ensure appropriate measures are taken to ensure the ventilating air in a place where a person may be present at the mine is of a sufficient volume, velocity and quality to achieve a healthy atmosphere.
The site senior executive for a mine must ensure that, when a person works at a height of more than 2.4m, appropriate facilities are provided to minimise the risk to persons from falling. a fence, barricade, scaffold, hand rail, bund wall, safety harness, safety restraint or fall arrest equipment s 49 amd 2019 SL No. 140 s 21 sch 1
In this division— ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Transport and Infrastructure Council. The ADG Code is accessible at www.ntc.gov.au. dangerous goods see section 51 . GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under schedule 2A . The schedule 2A tables replace some tables in the GHS. hazardous chemical see section 50 . research chemical means a substance or mixture that— is manufactured in a laboratory for genuine research; and is not for use or supply for a purpose other than analysis or genuine research. safety data sheet means— 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 2B , section 1 ; or for a hazardous chemical that is a research chemical, waste product or sample for analysis—a document that complies with schedule 2B , section 2 . Transport 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. The Transport and Infrastructure Council was previously known as the Australian Transport Council. s 49A ins 2019 SL No. 140 s 14
A 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 2A ), but does not include a substance, mixture or article that satisfies the criteria solely for 1 of the following hazard classes— acute toxicity—oral—category 5; acute toxicity—dermal—category 5; acute toxicity—inhalation—category 5; skin corrosion/irritation—category 3; serious eye damage/eye irritation—category 2B; aspiration hazard—category 2; flammable gas—category 2; acute hazard to the aquatic environment—category 1, 2 or 3; chronic hazard to the aquatic environment—category 1, 2, 3 or 4; hazardous to the ozone layer. The schedule 2A tables replace some tables in the GHS. s 50 sub 2019 SL No. 140 s 14
Dangerous goods means anything defined under the ADG Code as— dangerous goods; or goods too dangerous to be transported. s 51 sub 2019 SL No. 140 s 14
The site senior executive for a 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) . 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. s 52 sub 2019 SL No. 140 s 14 (sec.52-ssec.1) The site senior executive for a 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) . (sec.52-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.
This section applies to a manufacturer, importer or supplier of a substance for use at a mine as mentioned in section 43 (2) (a) of the Act . Without limiting section 43 (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. 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 guideline; or the ADG Code. s 52A ins 2019 SL No. 140 s 14 (sec.52A-ssec.1) This section applies to a manufacturer, importer or supplier of a substance for use at a mine as mentioned in section 43 (2) (a) of the Act . (sec.52A-ssec.2) Without limiting section 43 (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. (sec.52A-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 guideline; or the ADG Code.
The site senior executive for a 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) . 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. 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. 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 guideline; or the ADG Code; or AS 1345. This section does not apply in relation to a mineral or quarry material. 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). quarry material see the Forestry Act 1959 , schedule 3 . s 53 sub 2019 SL No. 140 s 14 (sec.53-ssec.1) The site senior executive for a 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) . (sec.53-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. (sec.53-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. (sec.53-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 guideline; or the ADG Code; or AS 1345. (sec.53-ssec.5) This section does not apply in relation to a mineral or quarry material. (sec.53-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). quarry material see the Forestry Act 1959 , schedule 3 .
The site senior executive for a 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 work instructions. s 54 sub 2019 SL No. 140 s 14
The site senior executive for a mine must ensure the mine has standard work instructions for using, handling or storing a hazardous chemical, or dangerous goods, at the mine. In developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods. s 55 sub 2019 SL No. 140 s 14 (sec.55-ssec.1) The site senior executive for a mine must ensure the mine has standard work instructions for using, handling or storing a hazardous chemical, or dangerous goods, at the mine. (sec.55-ssec.2) In developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.
This section applies to a person who has an obligation under the Act to manage risk at a mine in relation to handling or storing a hazardous chemical or dangerous goods. 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. 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. s 56 sub 2019 SL No. 140 s 14 (sec.56-ssec.1) This section applies to a person who has an obligation under the Act to manage risk at a mine in relation to handling or storing a hazardous chemical or dangerous goods. (sec.56-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. (sec.56-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.
The site senior executive for a 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 chemicals or goods. The monitoring must be carried out under any standard work instruction or other procedure that applies to the monitoring. The site senior executive for the mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 59 if the monitoring shows— deterioration of the chemical or goods; or unfitness for use of the chemical or goods. s 57 sub 2019 SL No. 140 s 14 (sec.57-ssec.1) The site senior executive for a 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 chemicals or goods. (sec.57-ssec.2) The monitoring must be carried out under any standard work instruction or other procedure that applies to the monitoring. (sec.57-ssec.3) The site senior executive for the mine must ensure a hazardous chemical is, or dangerous goods are, disposed of under section 59 if the monitoring shows— deterioration of the chemical or goods; or unfitness for use of the chemical or goods.
The site senior executive for a mine must ensure the mine has a standard work instruction for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine. In developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods. s 58 sub 2019 SL No. 140 s 14 (sec.58-ssec.1) The site senior executive for a mine must ensure the mine has a standard work instruction for dealing with leaks and spills of a hazardous chemical, or dangerous goods, at the mine. (sec.58-ssec.2) In developing a standard work instruction under subsection (1) , the site senior executive must ensure regard is had to the safety data sheet for the chemical or goods.
This section applies to— a hazardous chemical, or dangerous goods, at a 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) . The site senior executive for the 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 43 (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. The site senior executive for the mine must ensure the following things are shown on the plans of the mine workings under section 58 of the Act — a permanent disposal facility for a hazardous chemical or dangerous goods; another disposal area for a hazardous chemical or dangerous goods. s 59 sub 2019 SL No. 140 s 14 (sec.59-ssec.1) This section applies to— a hazardous chemical, or dangerous goods, at a 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) . (sec.59-ssec.2) The site senior executive for the 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 43 (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. (sec.59-ssec.3) The site senior executive for the mine must ensure the following things are shown on the plans of the mine workings under section 58 of the Act — a permanent disposal facility for a hazardous chemical or dangerous goods; another disposal area for a hazardous chemical or dangerous goods.
A mine is a major hazard facility if— operations carried on at the mine involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 ; and a hazardous materials emergency at the mine could pose an unacceptable level of risk to persons, property or the environment outside the mine. In this section— combustible liquid means a combustible liquid under the flammable and combustible liquids standard. flammable and combustible liquids standard means AS 1940 ‘The storage and handling of flammable and combustible liquids’, as in force from time to time. hazardous material — A hazardous material is a substance with potential to cause harm to persons, property or the environment because of 1 or more of the following— the chemical properties of the substance; the physical properties of the substance; the biological properties of the substance. Without limiting paragraph 1, hazardous material includes all dangerous goods, combustible liquids and chemicals. hazardous materials emergency , at a mine, means a situation involving hazardous materials or suspected hazardous materials at the mine that includes a loss of control, or an imminent risk of loss of control, of the materials or a loss of control of anything that may impact on the materials if the loss of control causes, or the loss of control or imminent risk of loss of control has the potential to cause, material harm to persons, property or the environment. (sec.60-ssec.1) A mine is a major hazard facility if— operations carried on at the mine involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 ; and a hazardous materials emergency at the mine could pose an unacceptable level of risk to persons, property or the environment outside the mine. (sec.60-ssec.2) In this section— combustible liquid means a combustible liquid under the flammable and combustible liquids standard. flammable and combustible liquids standard means AS 1940 ‘The storage and handling of flammable and combustible liquids’, as in force from time to time. hazardous material — A hazardous material is a substance with potential to cause harm to persons, property or the environment because of 1 or more of the following— the chemical properties of the substance; the physical properties of the substance; the biological properties of the substance. Without limiting paragraph 1, hazardous material includes all dangerous goods, combustible liquids and chemicals. hazardous materials emergency , at a mine, means a situation involving hazardous materials or suspected hazardous materials at the mine that includes a loss of control, or an imminent risk of loss of control, of the materials or a loss of control of anything that may impact on the materials if the loss of control causes, or the loss of control or imminent risk of loss of control has the potential to cause, material harm to persons, property or the environment.
A mine is a possible major hazard facility if relevant operations carried on, or intended to be carried on, at the mine involve or are likely to involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 . In this section— relevant operations means operations other than the preparation and use of explosives at a blast site. (sec.60A-ssec.1) A mine is a possible major hazard facility if relevant operations carried on, or intended to be carried on, at the mine involve or are likely to involve, temporarily or permanently, a quantity of material (other than material in transit) exceeding the corresponding threshold or aggregate quantity for the material worked out under the major hazard facilities standard, schedule 1 . (sec.60A-ssec.2) In this section— relevant operations means operations other than the preparation and use of explosives at a blast site.
The site senior executive for a mine that is a major hazard facility or possible major hazard facility must notify the chief inspector about the mine— in the approved form; and at least 6 months before the mine starts operations. Maximum penalty—200 penalty units. Subsection (1) is not a safety and health obligation for the Act . (sec.60B-ssec.1) The site senior executive for a mine that is a major hazard facility or possible major hazard facility must notify the chief inspector about the mine— in the approved form; and at least 6 months before the mine starts operations. Maximum penalty—200 penalty units. (sec.60B-ssec.3) Subsection (1) is not a safety and health obligation for the Act .
This section applies to a mine, other than a mine that is a major hazard facility, if there is a change in relation to the mine involving the mine becoming a major hazard facility or a possible major hazard facility. The site senior executive for the mine must notify the chief inspector about the mine— in the approved form; and at least 6 months before the mine starts operations as an upgraded mine. Maximum penalty—200 penalty units. Subsection (2) is not a safety and health obligation for the Act . In this section— upgraded mine means a mine that, as a result of a change in relation to the mine, is a major hazard facility or a possible major hazard facility. s 60C amd 2019 SL No. 140 s 21 sch 1 (sec.60C-ssec.1) This section applies to a mine, other than a mine that is a major hazard facility, if there is a change in relation to the mine involving the mine becoming a major hazard facility or a possible major hazard facility. (sec.60C-ssec.2) The site senior executive for the mine must notify the chief inspector about the mine— in the approved form; and at least 6 months before the mine starts operations as an upgraded mine. Maximum penalty—200 penalty units. (sec.60C-ssec.4) Subsection (2) is not a safety and health obligation for the Act . (sec.60C-ssec.5) In this section— upgraded mine means a mine that, as a result of a change in relation to the mine, is a major hazard facility or a possible major hazard facility.
This section applies to a mine if— under section 60B or 60C , a notification (the original notice ) has been given about the mine; and a change proposed in relation to the mine will result in the mine being downgraded, for at least 6 months, from its classification as a major hazard facility or possible major hazard facility stated in the original notice. The site senior executive for the mine may, in the approved form, notify the chief inspector about the change. Despite sections 60 and 60A , until the chief inspector is given a notification under subsection (2) , the mine is taken to continue to be a major hazard facility or possible major hazard facility as stated in the original notice. s 60D amd 2019 SL No. 140 s 21 sch 1 (sec.60D-ssec.1) This section applies to a mine if— under section 60B or 60C , a notification (the original notice ) has been given about the mine; and a change proposed in relation to the mine will result in the mine being downgraded, for at least 6 months, from its classification as a major hazard facility or possible major hazard facility stated in the original notice. (sec.60D-ssec.2) The site senior executive for the mine may, in the approved form, notify the chief inspector about the change. (sec.60D-ssec.3) Despite sections 60 and 60A , until the chief inspector is given a notification under subsection (2) , the mine is taken to continue to be a major hazard facility or possible major hazard facility as stated in the original notice.
The site senior executive for a mine that is a major hazard facility must ensure the mine’s safety and health management system complies with— the Act and this regulation; and 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; and to the operator, employer, occupier or person who has overall management and control of a major hazard facility were a reference to the site senior executive; and to the safety management system were a reference to the safety and health management system. In this section— national standard safety and health provisions means the major hazard facilities standard, sections 6 to 13 . (sec.60E-ssec.1) The site senior executive for a mine that is a major hazard facility must ensure the mine’s safety and health management system complies with— the Act and this regulation; and 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; and to the operator, employer, occupier or person who has overall management and control of a major hazard facility were a reference to the site senior executive; and to the safety management system were a reference to the safety and health management system. (sec.60E-ssec.2) In this section— national standard safety and health provisions means the major hazard facilities standard, sections 6 to 13 .
The site senior executive for a mine that is a major hazard facility must give a written report (a safety report ) to the chief inspector as required under subsection (2) . The safety report must— comply with the major hazard facilities standard, section 7 ; and be given within 16 months after a notice, identifying the mine as a major hazard facility, is given to the chief inspector under section 60B (1) or 60C (2) . (sec.60F-ssec.1) The site senior executive for a mine that is a major hazard facility must give a written report (a safety report ) to the chief inspector as required under subsection (2) . (sec.60F-ssec.2) The safety report must— comply with the major hazard facilities standard, section 7 ; and be given within 16 months after a notice, identifying the mine as a major hazard facility, is given to the chief inspector under section 60B (1) or 60C (2) .
s 61 om 2019 SL No. 140 s 15
The site senior executive for a mine must ensure the mine has the first aid measures, and personal protective equipment, recommended in the safety data sheet for each hazardous chemical, or dangerous goods, at the mine. s 62 sub 2019 SL No. 140 s 16
The site senior executive for a 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. 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 operations stop; and after the mine’s operations stop, is given to the CEO. 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. s 63 sub 2019 SL No. 140 s 16 amd 2020 SL No. 69 s 24 sch 1 (sec.63-ssec.1) The site senior executive for a 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. (sec.63-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 operations stop; and after the mine’s operations stop, is given to the CEO. (sec.63-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.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
The relevant provisions prescribe ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the provisions. However, the relevant provisions do not deal with all circumstances that expose someone to risk at a mine. A person may discharge the person’s safety and health obligation in the circumstances mentioned in the relevant provisions only by following the ways prescribed. See section 31 of the Act for the penalty for failing to discharge the obligation. In this section— relevant provisions means— this chapter other than sections 60B (1) , 60C (2) , 87 (5) , 120 (1) and (2) , 131 (6) , 145J (1) and (3) and 145K (1) and (2) ; and schedule 2E other than schedule 2E , sections 6 (1) , 13 (1) , 19 (1) , 23 (2) , 24 (3) , 26 (4) and 29 (1) . s 4 amd 2020 SL No. 108 s 9 ; 2023 SL No. 71 s 4 ; 2024 SL No. 167 s 51 (sec.4-ssec.1) The relevant provisions prescribe ways of achieving an acceptable level of risk at a mine in the circumstances mentioned in the provisions. (sec.4-ssec.2) However, the relevant provisions do not deal with all circumstances that expose someone to risk at a mine. (sec.4-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in the relevant provisions only by following the ways prescribed. See section 31 of the Act for the penalty for failing to discharge the obligation. (sec.4-ssec.4) In this section— relevant provisions means— this chapter other than sections 60B (1) , 60C (2) , 87 (5) , 120 (1) and (2) , 131 (6) , 145J (1) and (3) and 145K (1) and (2) ; and schedule 2E other than schedule 2E , sections 6 (1) , 13 (1) , 19 (1) , 23 (2) , 24 (3) , 26 (4) and 29 (1) .
The site senior executive for a mine must ensure the mine’s risk management practices and procedures are— established in consultation with the mine workers; and compatible with, and coordinated throughout the mine for, all operations at the mine. s 5 amd 2019 SL No. 140 s 21 sch 1
Creates a separate regulatory track for "major hazard facilities" including notification to the chief inspector, compliance with a national major-hazard standard, and a safety report requirement (ss 60–60F, sch 1).
Sets record-retention periods for monitoring and health records (30 years for cumulative/delayed hazards such as silica, noise, vibration, lead; 7 years otherwise) and rules on confidentiality of medical records (ss 11, 11DC, 119–120; sch 2E sec 30).
Contains numerous transitional and amendment provisions preserving documents, processes and fees from earlier regulations and setting transition rules for amended health and classification regimes (ch 4).
Who is directly affected
Site senior executives and mine operators: they carry the primary duties to establish and maintain safety and health systems, to consult workers, keep records and implement controls (e.g. ss 5, 32, 60E, 112).
Responsible persons for mines (holders of tenure, operators or persons in control): they must provide the safety and health census and pay fees (ss 11A–11C).
Employers and supervisors: obliged to provide training, pay for medical and surveillance where required, and ensure supervision and resources (ss 87, 93, sch 2E sec 6/13/29).
Workers and visitors: subject to fitness assessments, training, use of personal protective equipment, and particular protections where exposed to lead, asbestos, heat or other hazards (ss 86–90, 131–136, 141–145, sch 2E).
Manufacturers, importers and suppliers of hazardous chemicals used at mines: must provide correct marking/labeling and safety information (s 52A).
Why it matters (policy rationale as stated, then tested against costs and trade-offs)
Stated purpose: to prescribe the specific ways of achieving an acceptable level of risk in mining operations (s 4) — i.e. to operationalise the Act by listing required processes, controls, records and monitoring.
Costs and who pays: the regulation imposes recurring compliance costs on operators/responsible persons and employers — e.g. fees tied to worker counts (ss 11C–11D, sch 6), medical/health surveillance paid by employers (sch 2E sec 6, 13, 29), recordkeeping (ss 10–11, 63, 113, sch 2E sec 30), engineering and emergency-preparedness costs (ss 32–41, 100–109). Small operations get limited relief (e.g. mines with ≤5 workers may report annually rather than quarterly (s 11DA)).
Incentives and behaviour change: the regulation tilts incentives toward documentation, monitoring and conservative risk control: specified hierarchies for controls (elimination → PPE, s 8), mandatory worker health surveillance where hazards are present (sch 2E), and strict record-retention/notification duties that increase the cost of non‑compliance. Financial penalties, invoices, late fees and statutory interest (15% p.a., s 11G) create clear monetary consequences for late or inaccurate reporting.
Trade-offs and opportunity costs: the prescriptive technical and medical requirements (e.g. lead blood-level triggers, respiratory exams) raise direct compliance costs and administrative burdens, particularly for complex or resource‑constrained operators. They also shift some operational decisions from market discretion to regulatory compliance (e.g. choice of chemicals limited by s 54 and labelling requirements s 53).
Implementation risk and bureaucratic discretion: many obligations require the CEO, chief inspector or an appropriate doctor to make judgments (e.g. CEO can reject incomplete census and issue notices s 11C–11E; chief inspector receives notifications from major hazard facilities s 60B–60D; doctors decide timing and content of health surveillance sch 2E sec 3). That leaves room for administrative discretion and requires the regulator to manage timeliness, quality-assurance, and consistency.
Compliance burden and recordkeeping: long retention periods (30 years for cumulative hazards, s 11 and sch 2E sec 30), mandatory mine records, and access to safety management documents increase administrative load and IT/archival costs. Medical confidentiality rules limit access to medical records but require written consent for employer access (s 120).
Effects on competition and small operators: the fee and medical-surveillance regimes impose fixed and variable compliance costs. The regulation gives small mines some simplified reporting options (s 11DA) but otherwise treats safety consistently; these costs may be proportionally larger for small operators.
Concentrated benefits and diffuse costs: the primary identifiable beneficiary of reporting and fees is the regulator (funding safety activities via safety-and-health fee, ss 11C–11H). The benefits of improved safety are diffuse (workers, communities), while the compliance costs fall directly and concentratively on operators and employers.
Potential substitution effects and unintended consequences: operators may respond by substituting lower‑risk processes, investing in controls higher up the hierarchy earlier (s 8), or, where marginal cost is high, by reducing activities that would create regulated exposures. There is also a compliance-risk of over-documentation or defensive medical testing if guidance is not clear.
Key implementation/administration points to note (practical mechanics)
Who decides: site senior executive has primary duty for on-site decisions and systems (many sections: s 5, ss 32–41, s 60E); CEO and chief inspector exercise regulatory oversight, invoices and approval/notification functions (ss 11C–11E, 60B–60D); appropriate doctors carry out health surveillance and produce reports (sch 2E sec 3).
Who pays: responsible person pays the safety-and-health fee (ss 11C–11D); employers pay for health assessments and surveillance (sch 2E sec 6, 13, 29).
Enforcement and penalties: penalties are set for failures to submit censuses, pay fees, notify lead risk jobs, or keep required records (ss 11C, 11D, 145J–145K, sch 2E provisions).
Representative sections for quick reference: s 4 (scope of prescribed ways), ss 5–11 (risk management process), ss 11A–11H (census and fee), ss 32–41 (emergencies), ss 49A–63 (hazardous chemicals and dangerous goods), ss 64–79 (explosives), ss 100–113 (plant), ss 131–136 and sch 2E (health assessment and surveillance), ss 60–60F (major hazard facilities), ss 119–120 (records and confidentiality).
A person who has an obligation under the Act to manage risk at a mine must identify hazards in the person’s own work and activities at the mine. The operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design. The site senior executive for a mine must ensure hazard identification for the mine’s operations is done— when the operations start; and during the operations; and when the operations change in size, nature, complexity or another way; and for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years. For hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following— hazardous chemicals or dangerous goods being processed or used for processing; hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations; hazardous chemicals or dangerous goods occurring in— the natural environment; or plant or facilities; or energy sources. s 6 amd 2019 SL No. 140 s 21 sch 1 (sec.6-ssec.1) A person who has an obligation under the Act to manage risk at a mine must identify hazards in the person’s own work and activities at the mine. (sec.6-ssec.2) The operator must ensure hazard identification for the mine’s operations is done during the operations’ planning and design. (sec.6-ssec.3) The site senior executive for a mine must ensure hazard identification for the mine’s operations is done— when the operations start; and during the operations; and when the operations change in size, nature, complexity or another way; and for a hazard caused by a hazardous chemical or dangerous good—periodically at intervals not longer than 5 years. (sec.6-ssec.4) For hazards caused by hazardous chemicals or dangerous goods, the site senior executive for a mine must ensure the identification includes the following— hazardous chemicals or dangerous goods being processed or used for processing; hazardous chemicals or dangerous goods that are a product, by-product or waste product of operations; hazardous chemicals or dangerous goods occurring in— the natural environment; or plant or facilities; or energy sources.
A person who has an obligation under the Act to manage risk at a mine must analyse risk in the person’s own work and activities to decide whether the risk is at an acceptable level. The person must have regard to the following in analysing the risk— the results of hazard identification, risk monitoring and incident investigations carried out for the mine; the work environment and work methods for the mine’s operations; the interaction of hazards present at the mine; the effectiveness and reliability of hazard controls in use at the mine; other reasonably available relevant information and data from, and practices in, other industries and mining operations. (sec.7-ssec.1) A person who has an obligation under the Act to manage risk at a mine must analyse risk in the person’s own work and activities to decide whether the risk is at an acceptable level. (sec.7-ssec.2) The person must have regard to the following in analysing the risk— the results of hazard identification, risk monitoring and incident investigations carried out for the mine; the work environment and work methods for the mine’s operations; the interaction of hazards present at the mine; the effectiveness and reliability of hazard controls in use at the mine; other reasonably available relevant information and data from, and practices in, other industries and mining operations.
A person who has an obligation under the Act to manage risk at a mine must, as far as reasonably practicable, apply hazard controls in the following order— elimination of the hazard; substitution with a lesser hazard; separation of persons from the hazard; engineering controls; using fans and ducting to remove dust using guards on conveyors administrative controls; a restriction on the time a worker is exposed to a hazard a procedure or standard work instruction personal protective equipment. The site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following— the interaction of hazards present in the environments; the effectiveness and reliability of the controls; other reasonably available relevant information and data from, and practices in, other industries and mining operations. s 8 amd 2019 SL No. 140 s 21 sch 1 (sec.8-ssec.1) A person who has an obligation under the Act to manage risk at a mine must, as far as reasonably practicable, apply hazard controls in the following order— elimination of the hazard; substitution with a lesser hazard; separation of persons from the hazard; engineering controls; using fans and ducting to remove dust using guards on conveyors administrative controls; a restriction on the time a worker is exposed to a hazard a procedure or standard work instruction personal protective equipment. (sec.8-ssec.2) The site senior executive for a mine must ensure hazard controls used to reduce risk in the mine’s work and local environments are appropriate having regard to the following— the interaction of hazards present in the environments; the effectiveness and reliability of the controls; other reasonably available relevant information and data from, and practices in, other industries and mining operations.
A person who has an obligation under the Act to manage risk at a mine must monitor risk in the person’s own work and activities at the mine. The site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored— when the operations start; and at appropriate intervals or stages during operations at the mine; and when the mine’s risk management practices or procedures change significantly. Monitoring must include the following things— the occurrence of incidents, injuries and ill health; the level of hazards present in the mine’s work environment; for monitoring under subsection (2) —the level of hazards from the mine’s operations present in the mine’s local environment. If it is appropriate, having regard to the nature and level of a hazard present in the work environment, the monitoring must include 1 or more of the following things— personal monitoring to decide a worker’s level of exposure to the hazard; monitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise self-monitoring to detect effects of the hazard; self-recognition of physical symptoms of heat stress or fatigue biological monitoring to decide a worker’s level of exposure to the hazard; biological monitoring to determine a worker’s blood lead level health surveillance under schedule 2E . s 9 amd 2019 SL No. 140 s 21 sch 1 ; 2020 SL No. 108 s 10 ; 2023 SL No. 71 s 5 (sec.9-ssec.1) A person who has an obligation under the Act to manage risk at a mine must monitor risk in the person’s own work and activities at the mine. (sec.9-ssec.2) The site senior executive for a mine must ensure risk in the mine’s work and local environments caused by the mine’s operations is monitored— when the operations start; and at appropriate intervals or stages during operations at the mine; and when the mine’s risk management practices or procedures change significantly. (sec.9-ssec.3) Monitoring must include the following things— the occurrence of incidents, injuries and ill health; the level of hazards present in the mine’s work environment; for monitoring under subsection (2) —the level of hazards from the mine’s operations present in the mine’s local environment. (sec.9-ssec.4) If it is appropriate, having regard to the nature and level of a hazard present in the work environment, the monitoring must include 1 or more of the following things— personal monitoring to decide a worker’s level of exposure to the hazard; monitoring a worker using a dosimeter or other instrument to measure the worker’s level of exposure to noise self-monitoring to detect effects of the hazard; self-recognition of physical symptoms of heat stress or fatigue biological monitoring to decide a worker’s level of exposure to the hazard; biological monitoring to determine a worker’s blood lead level health surveillance under schedule 2E .
This section applies to a risk management process carried out at a mine— because the process is essential for managing risk from a hazard that is present, or is likely to be present in proposed operations, at the mine; or a risk management process carried out under section 32 under— a guideline; or a directive given by an inspector or inspection officer under part 9 of the Act . The site senior executive for the mine must ensure a record of the process is made containing the following details— the names of the persons involved in the risk assessment and their respective positions in the mine’s management structure; a description of the hazard to which the process relates; the method used for assessing the likelihood and consequences of the risk; the controls proposed to reduce the risk. The site senior executive
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