5Definitions

#### 5 Definitions 5 Definitions > > (1) In this Act— > > > > Board means the Mining and Petroleum Competence Board constituted under Division 2 of Part 8. > > > > coal includes oil shale and kerosene shale, but does not include peat. > > > > coal mine means a mine where mining operations are carried out with respect to coal. > > > > Department means the Department of Regional NSW. > > > > function includes a power, authority or duty, and exercise a function includes perform a duty. > > > > government official—see section 18. > > > > local site in relation to mining activities or petroleum activities means— > > > > > (a) the site at which those activities are carried out, or > > > > > (b) a site that adjoins, or is in the vicinity of, the site at which those activities are carried out. > > > > mine—see section 6. > > > > mine holder of a mine (other than a tourist mine) means— > > > > > (a) the person who is conducting a business or undertaking with control over a right or entitlement to carry out mining operations at the mine, or > > > > > (b) if there is no such person, the person conducting the business or undertaking that is carrying out mining operations at the mine. > > > > mine holder of a tourist mine means the person who is conducting the business or undertaking of the tourist mine. > > > > mine operator—see section 7A. > > > > Mine Safety Advisory Council means the Mine Safety Advisory Council established under Division 1 of Part 8. > > > > mineral means the following, but does not include water— > > > > > (a) a naturally occurring element or inorganic compound, > > > > > (b) coal, lignite or peat, > > > > > (c) rock, stone, gravel or sand. > > > > mineral exploration site means a place where activities are carried out for the purpose of exploring for minerals by mechanical means that disturb the ground. > > > > mineral extraction site means a place where activities are carried out for the purpose of extracting minerals from the ground or injecting minerals into the ground. > > > > mining activities and mining operations—see section 7. > > > > Minister means the Minister administering this Act. > > > > petroleum means— > > > > > (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state, or > > > > > (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, or > > > > > (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium, carbon dioxide and water, > > > > and includes any substance referred to in paragraph (a), (b) or (c) that has been returned to a natural reservoir, but does not include a mineral. > > > > petroleum activities and petroleum operations—see section 7B. > > > > petroleum exploration site means a place where activities are carried out for the purpose of exploring for petroleum by mechanical means that disturb the ground. > > > > petroleum extraction site means a place where activities are carried out for the purpose of extracting petroleum from the ground or injecting petroleum into the ground. > > > > petroleum site means a workplace at which petroleum operations are carried out and includes any fixtures, fittings, plant or structures at the workplace that are used or were formerly used for petroleum operations. > > > > petroleum site holder of a petroleum site is— > > > > > (a) the person who is conducting a business or undertaking with control over a petroleum title that permits petroleum operations to be carried out at the petroleum site, or > > > > > (b) if there is no such person, the person who is conducting the business or undertaking carrying out petroleum operations at the petroleum site. > > > > petroleum site operator—see section 7C. > > > > petroleum title has the same meaning as in the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084). > > > > provisional improvement notice means a provisional improvement notice issued under Division 7 of Part 5 of the WHS Act. > > > > regulator means the Secretary of the Department. > > > > safety and health representative means an industry safety and health representative, site safety and health representative or electrical safety and health representative under Part 5. > > > > stop work order has the same meaning as it has in section 51. > > > > tourist mine—see section 6 (2). > > > > WHS Act means the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010). > > > > WHS laws means this Act, the regulations, the WHS Act and the WHS Regulations. > > > > WHS Regulations means regulations under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010). > > > (2) To avoid doubt, a reference in this Act to— > > > > > (a) a person conducting a business or undertaking at a mine includes a reference to the mine operator or mine holder of the mine, or > > > > > (b) a person conducting a business or undertaking at a petroleum site includes a reference to the petroleum site operator or petroleum site holder of the petroleum site. > > > (3) The regulator is to be known as the NSW Resources Regulator. > > **s 5:** Am 2014 No 71, Sch 1 \[2\]–\[4\]; 2015 No 43, Sch 1 \[7\]–\[9\]; 2017 No 22, Sch 4.53; 2022 No 24, Sch 1\[1\]–\[3\].