14Required competence for tailings dams

14 Required competence for tailings dams

A person must not carry out, in relation to a tailings dam that –

(a) is constructed by means of an ongoing operation (known as continual lift); and

(b) uses tailings as the primary embankment material; and 

(c) is of a consequence category specified in Column 2 of the following table –

an activity specified in Column 1 of the table, unless the person has one of the classes of competence specified, in Column 2 of the table, opposite the activity and below the consequence category.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) a natural person, a fine not exceeding 200 penalty units.

| | Column 1 | | | Column 2 | | | | | | | Activity | | | Consequence Category | | | | | | | | Very Low | Low | Significant | High C | High B | High A | Extreme | | 1. | Geotechnical and earthquake engineering investigations | No specific class of competence required | No specific class of competence required | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | | 2. | Design plans and specifications | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | | 3. | Pre-construction investigation, design and report | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Expert team | Expert team | Expert team | | 4. | Spillway and decant design | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Expert team | Expert team | Expert team | | 5. | Dam safety emergency plans | No specific class of competence required | No specific class of competence required | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | | 6. | Supervision of construction and decommissioning | Class 1 competence | Class 1 competence | Class 1 competence | Class 1 competence | Class 1 competence | Class 1 competence | Class 1 competence | | 7. | NOC report | Class 1 competence | Class 1 competence | Class 1 competence | Class 1 competence | Expert team | Expert team | Expert team | | 8. | Intermediate surveillance inspections and reports | No specific class of competence required | No specific class of competence required | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | | 9. | Comprehensive surveillance inspections and reports | No specific class of competence required | Class 1 competence | Class 1 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | | 10. | Consequence category assessment and review | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | | 11. | External (third party) review | No specific class of competence required | No specific class of competence required | No specific class of competence required | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence | Class 1 or Class 3 competence |