403Authority may determine that a mine is a prescribed mine

403 Authority may determine that a mine is a prescribed mine

After conducting an inquiry under regulation 402, the Authority may determine that, for the purposes of this Part—

(a) a mine is a prescribed mine; or

(b) mines in a class of mines are prescribed mines.

Division 2—Safety duties of mine operators

Subdivision 1—Risk control in all mines

404 Identification of mining hazards and assessment of risk

(1) The operator of a mine must, so far as is reasonably practicable—

(a) identify all mining hazards at the mine; and

(b) assess the risks associated with all mining hazards at the mine.

1 Act compliance— sections 21, 23 and 26 (see regulation 7).

2 Section 20 of the Act sets out the matters to which regard must be had by, in this case, an operator in determining what is reasonably practicable to ensure health and safety.

3 Part 4 of the Act sets out the duty of the operator to consult, including involving the health and safety representative (if any). See also regulation 21 and the consultation requirements in Division 3 of this Part.

(2) The operator must take into account the following when conducting an assessment of risk under subregulation (1)(b)—

(a) the nature of the mining hazard; and

(b) the likelihood of the mining hazard causing, or contributing to, any harm to any person; and

(c) the severity of the harm that may be caused.