Part 1 Preliminary

Part 1 Preliminary

1 Name of Regulation

1 Name of Regulation

This Regulation is the Work Health and Safety (Mines and Petroleum Sites) Regulation 2022.

2 Commencement

2 Commencement

This Regulation commences as follows—

(a) for section 89(1)(b)—1 September 2023,

(b) for Schedule 14—1 September 2028,

(c) otherwise—1 September 2022.

Note—

This Regulation replaces the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Interpretation

3 Interpretation

(1) The Dictionary in Schedule 15 defines words used in this Regulation.

Note—

The WHS Act, the WHS (MPS) Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2) The expressions mine, mining activities, mining operations, petroleum site, petroleum activities and petroleum operations when used in the WHS Regulations have the same meaning as in the WHS (MPS) Act or this Regulation, unless otherwise defined.

4 Meaning of “principal hazard”

4 Meaning of “principal hazard”

In this Regulation, a principal hazard is an activity, process, procedure, plant, structure, substance, situation or other circumstance relating to the carrying out of mining operations or petroleum operations that has a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to—

(a) for mining operations—one or more of the following—

(i) ground or strata failure,

(ii) inundation or inrush of a substance,

(iii) mine shafts and winding systems,

(iv) gas outbursts,

(v) spontaneous combustion,

(vi) subsidence,

(vii) roads or other vehicle operating areas,

(viii) air quality or dust or other airborne contaminants,

(ix) fire or explosion,

(x) a hazard identified by the mine operator under the WHS Regulations, clause 34, or

(b) for petroleum operations—one or more of the following—

(i) roads or other vehicle operating areas,

(ii) air quality or dust or other airborne contaminants,

(iii) fire or explosion,

(iv) a hazard identified by the petroleum site operator under the WHS Regulations, clause 34.

Part 2 Mine and petroleum site operators—the WHS (MPS) Act, ss 7A and 7C

Part 2 Mine and petroleum site operators—the WHS (MPS) Act, ss 7A and 7C

Division 1 Mines

Division 1 Mines

5 Appointment of mine operator

5 Appointment of mine operator

(1) The mine holder of a mine may appoint a person to be the mine operator only if—

(a) the person is conducting a business or undertaking and is appointed in accordance with this section to carry out mining operations at the mine on behalf of the mine holder, and

(b) the person has the skills, knowledge, experience and resources to exercise the functions of the mine operator, and

(c) the mine holder authorises the person to have management or control of the mine and to discharge the duties of the mine operator under the WHS laws.

(2) An appointment of a person to be the mine operator of a mine must—

(a) be written, and

(b) be made in the approved way and form, and

(c) include a signed statement that the person to be appointed as mine operator agrees to the appointment, and

(d) specify—

(i) the name and contact details of the mine operator, including postal and business addresses, and

(ii) when the appointment takes effect, and

(e) describe the location of the mine, including—

(i) the boundaries of all mineral exploration sites and mineral extraction sites, and

(ii) land title identification.

(3) A person (the prospective mine holder) who proposes to become the mine holder of a mine may appoint a person to be the mine operator of the mine in accordance with subsections (1) and (2).

(4) An appointment of a person by a prospective mine holder under subsection (3) takes effect when the prospective mine holder becomes the mine holder of the mine, but only if, at the time, the person is still eligible to be appointed as the mine operator.

(5) The mine holder must give the mine operator all relevant information held by or under the control of the mine holder that may reasonably be required by the mine operator to discharge the duties imposed on the mine operator under the WHS laws.

Example—

A survey plan of the mine prepared under section 116.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(6) The mine operator of a mine who ceases or intends to cease being the mine operator must, as far as reasonably practicable, ensure all records the mine operator kept under the WHS laws are given to the mine holder of the mine, or the person who is to become the new mine operator, before the new mine operator commences in the role.

Example—

A mine record kept under section 129.

Maximum penalty (subsection (6))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

6 Notification of mine operator to regulator

6 Notification of mine operator to regulator

(1) The mine holder of a mine must give notice to the regulator in accordance with this section.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(2) If the mine holder of a mine is the mine operator, the mine holder must give the regulator notice of this fact before mining operations commence at the mine.

(3) If the mine holder of a mine is not the mine operator, the mine holder must give the regulator notice of the appointment of the mine operator of the mine.

(4) A notice under subsection (2) or (3) must—

(a) be written, and

(b) be made in the approved way and form, and

(c) describe the location of the mine, including—

(i) the boundaries of all mineral exploration sites and mineral extraction sites, and

(ii) land title identification.

(5) A notice under subsection (3) must be accompanied by a copy of the appointment document.

(6) The mine holder must give written notice to the regulator of a change to the appointment of a mine operator or the termination of the appointment.

(7) The mine holder must take all reasonable steps to ensure a notice under subsection (3) or (6) is given before the appointment or the change or termination takes effect.

7 Mine operator to notify regulator of change to contact details

7 Mine operator to notify regulator of change to contact details

A mine operator must notify the regulator of a change to the mine operator’s contact details as soon as practicable, and no later than 28 days, after the change.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

8 Additional requirements for opal mine holders and operators

8 Additional requirements for opal mine holders and operators

(1) A person may be appointed to be a mine operator of an opal mine under section 5 only if the person has, within the period of 5 years before the appointment, undertaken safety training.

(2) A mine holder of an opal mine who is the mine operator of the mine must have undertaken safety training within the period of 5 years before carrying out mining operations as the mine operator of the mine.

(3) Subsections (1) and (2) do not apply to a person who, immediately before 13 April 2018, was the mine operator of an opal mine.

(4) A person who, immediately before 13 April 2018, was the mine operator of an opal mine must undertake safety training before 13 April 2023.

(5) A mine operator of an opal mine must undertake safety training at least once every 5 years after having completed the safety training referred to in subsection (1), (2) or (4).

(6) A mine holder of an opal mine who is not the mine operator of the mine must ensure a person appointed as the mine operator of the mine undertakes safety training as required under this section.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(7) A mine holder of an opal mine who is the mine operator of the mine must not carry out mining operations at the mine if the mine holder has not undertaken safety training as required under this section.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(8) If a person required to undertake safety training under this section is a body corporate, the body corporate complies with the requirement if the individual responsible for supervising mining operations at the mine undertakes the safety training.

(9) In this section—

safety training means a course of training specified by the regulator relating to health and safety at opal mines.

9 Regulator may direct mine operators to be appointed

9 Regulator may direct mine operators to be appointed

(1) The regulator may, by written notice given to a mine holder of a mine, direct the mine holder to—

(a) appoint a mine operator for the mine, or

(b) appoint more than 1 mine operator for different parts of the mine, or

(c) appoint a single mine operator for both the mine and another mine of the mine holder, but only if the mines are geographically close to one another.

(2) A mine holder who is given notice under this section must comply with the notice.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) If more than 1 mine operator is appointed for different parts of a mine under this section, each of the parts is taken to be a separate mine for the purposes of this Regulation.

(4) If a single mine operator is appointed for more than 1 mine under this section, the mines are taken to be a single mine for the purposes of this Regulation.

(5) The regulator must ensure the mine holder is given reasonable time to comply with the notice, including reasonable time to address possible non-compliance with the WHS laws that may result from the mine holder complying with the notice.

(6) The regulator must take the following into account in determining whether to give notice under this section—

(a) the objects of the WHS laws,

(b) the nature, size and complexity of the mine or mines to which the notice relates,

(c) the difficulty for the mine holder or mine operator to exercise functions under the WHS laws,

(d) whether the giving of the notice is likely to result in safety management systems that better ensure the health and safety of workers and other persons.

Division 2 Petroleum sites

Division 2 Petroleum sites

10 Appointment of petroleum site operator

10 Appointment of petroleum site operator

(1) The petroleum site holder of a petroleum site may appoint a person to be the operator of the petroleum site only if—

(a) the person is conducting a business or undertaking and is appointed in accordance with this section to carry out petroleum operations at the petroleum site on behalf of the petroleum site holder, and

(b) the person has the skills, knowledge, experience and resources to exercise the functions of the operator of the petroleum site, and

(c) the petroleum site holder authorises the person to have management or control of the petroleum site and to discharge the duties of the operator of the petroleum site under the WHS laws.

(2) An appointment of a person to be the operator of a petroleum site must—

(a) be written, and

(b) be made in the approved way and form, and

(c) include a signed statement that the person to be appointed as operator agrees to the appointment, and

(d) specify—

(i) the name and contact details of the operator, including postal and business addresses, and

(ii) when the appointment takes effect, and

(e) describe the location of the petroleum site, including—

(i) the boundaries of all petroleum exploration sites and petroleum extraction sites, and

(ii) land title identification.

(3) A person (the prospective petroleum site holder) who proposes to become the petroleum site holder of a petroleum site may appoint a person to be the operator of the petroleum site in accordance with subsections (1) and (2).

(4) An appointment by a prospective petroleum site holder under subsection (3) takes effect when the prospective petroleum site holder becomes the petroleum site holder of the petroleum site, but only if, at the time, the person is still eligible to be appointed as the operator.

(5) The petroleum site holder must give the operator all relevant information held by or under the control of the petroleum site holder that may reasonably be required by the operator to discharge the duties imposed on the operator under the WHS laws.

Example—

A survey plan of the petroleum site prepared under section 116.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(6) The operator of a petroleum site who ceases or intends to cease being the operator must, as far as reasonably practicable, ensure all records the operator kept under the WHS laws are given to the petroleum site holder of the petroleum site, or the person who is to become the new operator, before the new operator commences in the role.

Example—

A petroleum site record kept under section 129.

Maximum penalty (subsection (6))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

11 Notification of petroleum site operator to regulator

11 Notification of petroleum site operator to regulator

(1) The petroleum site holder of a petroleum site must give notice to the regulator in accordance with this section.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(2) If the petroleum site holder of a petroleum site is the operator of the petroleum site, the holder must give the regulator notice of this fact before petroleum operations commence at the petroleum site.

(3) If the petroleum site holder of a petroleum site is not the operator of the petroleum site, the petroleum site holder must give the regulator notice of the appointment of the operator of the petroleum site.

(4) A notice under subsection (2) or (3) must—

(a) be written, and

(b) be made in the approved way and form, and

(c) describe the location of the petroleum site, including—

(i) the boundaries of all petroleum exploration sites and petroleum extraction sites, and

(ii) land title identification.

(5) A notice under subsection (3) must be accompanied by a copy of the appointment document.

(6) The petroleum site holder must give written notice to the regulator of a change to the appointment of an operator of the petroleum site or the termination of the appointment.

(7) The petroleum site holder must take all reasonable steps to ensure a notice under subsection (3) or (6) is given before the appointment or the change or termination takes effect.

12 Petroleum site operator to notify regulator of change to contact details

12 Petroleum site operator to notify regulator of change to contact details

An operator of a petroleum site must notify the regulator of a change to the operator’s contact details as soon as practicable, and no later than 28 days, after the change.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

13 Regulator may direct petroleum site operators to be appointed

13 Regulator may direct petroleum site operators to be appointed

(1) The regulator may, by written notice given to a petroleum site holder of a petroleum site, direct the holder to—

(a) appoint an operator for the petroleum site, or

(b) appoint more than 1 operator for different parts of the petroleum site, or

(c) appoint a single operator for both the petroleum site and another petroleum site of the holder, but only if the petroleum sites are geographically close to one another.

(2) A petroleum site holder who is given notice under this section must comply with the notice.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) If more than 1 operator is appointed for different parts of a petroleum site under this section, each of the parts is taken to be a separate petroleum site for the purposes of this Regulation.

(4) If a single operator is appointed for more than 1 petroleum site under this section, the petroleum sites are taken to be a single petroleum site for the purposes of this Regulation.

(5) The regulator must ensure the petroleum site holder is given reasonable time to comply with the notice, including reasonable time to address possible non-compliance with the WHS laws that may result from the petroleum site holder complying with the notice.

(6) The regulator must take the following into account in determining whether to give notice under this section—

(a) the objects of the WHS laws,

(b) the nature, size and complexity of the petroleum site or petroleum sites to which the notice relates,

(c) the difficulty for the petroleum site holder or operator of the petroleum site to exercise functions under the WHS laws,

(d) whether the giving of the notice is likely to result in safety management systems that better ensure the health and safety of workers and other persons.

Part 3 Managing risks—the WHS Act, Sch 3, cl 5

Part 3 Managing risks—the WHS Act, Sch 3, cl 5

pt.3-div.1-sdiv.1 Control of risk

Subdivision 1 Control of risk

14 Management of risks to health and safety

14 Management of risks to health and safety

(1) A person conducting a business or undertaking at a mine or petroleum site must manage risks to health and safety associated with mining operations or petroleum operations at the mine or petroleum site in accordance with the WHS Regulations, Part 3.1.

(2) A person conducting a business or undertaking at a mine or petroleum site must ensure a risk assessment is conducted in accordance with this section by a person who is competent to conduct the risk assessment having regard to the nature of the hazard.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(3) In conducting a risk assessment, the person must have regard to the following—

(a) the nature of the hazard,

(b) the likelihood of the hazard affecting the health or safety of a person,

(c) the severity of the potential health and safety consequences.

(4) Subsection (3) does not limit the operation of another requirement to conduct a risk assessment under this Regulation.

(5) A person conducting a business or undertaking at a mine or petroleum site, who is the operator of the mine or petroleum site or who is a contractor, must keep a record of the following—

(a) each risk assessment conducted under this section and the name and competency of the person who conducted the risk assessment,

(b) the control measures implemented to eliminate or minimise a risk that was identified by the risk assessment.

(6) A person conducting a business or undertaking at a mine or petroleum site is not required to keep a record of a risk assessment if—

(a) the risk assessment is required to be carried out by an individual before the worker commences a task that forms part of an activity, and

(b) the person keeps a record of risk assessments that addresses the overall activity being undertaken, of which the task forms a part.

(7) A record kept under subsection (5) by an operator of a mine or petroleum site forms part of—

(a) the safety management system of the mine or petroleum site, and

(b) the records of the mine or petroleum site.

(8) A record, kept under subsection (5) by a contractor who has prepared a contractor health and safety management plan, forms part of the plan.

15 Review of control measures

15 Review of control measures

(1) A person conducting a business or undertaking at a mine or petroleum site must review and as necessary revise control measures implemented under section 14(5)(b) in the following circumstances—

(a) an audit of the effectiveness of the safety management system for the mine or petroleum site indicates a deficiency in a control measure,

(b) a worker is moved from a hazard or assigned to different work in response to a recommendation contained in a health monitoring report provided under Part 4,

(c) an incident referred to in section 124 occurs,

(d) another incident occurs that is required to be notified to the regulator under the WHS laws.

(2) The operator of a mine or petroleum site must ensure a control measure the subject of a request under the WHS Regulations, clause 38(4) is reviewed and as necessary revised, whether the request is made—

(a) to the operator by a health and safety representative, or

(b) notified to the operator under subsection (3).

(3) A person conducting a business or undertaking at the mine or petroleum site who is not the operator of the mine or petroleum site must immediately notify the operator of a request made to the person under the WHS Regulations, clause 38(4).

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) A health and safety representative for workers at a mine or petroleum site may request a review of a control measure under the WHS Regulations, clause 38(4) as if the circumstances referred to in subsection (1) were included as a circumstance in the WHS Regulations, clause 38(4)(a).

16 Record of certain reviews of control measures—operator

16 Record of certain reviews of control measures—operator

(1) This section applies to an operator of a mine or petroleum site who has, under the WHS Regulations, clause 38, reviewed a control measure in response to—

(a) a notifiable incident, or

(b) an incident referred to in section 124.

(2) The operator of a mine or petroleum site must keep a record of the following—

(a) the causes, or likely causes, of the incident,

(b) the work health and safety matters arising from the incident,

(c) recommendations arising from consideration of the incident, including recommendations directed at preventing a repeat of the type of incident in the future,

(d) the outcome of a review or revision of the control measures or a part of the safety management system,

(e) a summary of changes to—

(i) the safety management system for the mine or petroleum site, and

(ii) the affected principal hazard management plan or principal control plan for the mine or petroleum site.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The operator of a mine or petroleum site must, if required by the regulator by written notice, provide the records kept under this section to the regulator, in the way and within the period specified in the notice.

Maximum penalty (subsection (3))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

17 Record of certain reviews of control measures—other persons conducting a business or undertaking

17 Record of certain reviews of control measures—other persons conducting a business or undertaking

(1) This section applies to a person conducting a business or undertaking at a mine or petroleum site.

(2) This section does not apply to the operator of the mine or petroleum site, who has, under the WHS Regulations, clause 38, reviewed a control measure in response to—

(a) a notifiable incident, or

(b) an incident referred to in section 124.

(3) A person must keep a record of the following—

(a) the causes, or likely causes, of the incident,

(b) the work health and safety matters arising from the incident,

(c) recommendations arising from consideration of the incident, including a recommendation directed at preventing a repeat of the type of incident in the future,

(d) the outcome of a review or revision of the control measures.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) A person must, if required by the regulator by written notice, provide the records kept under this section to the regulator, in the way and within the period specified in the notice.

Maximum penalty (subsection (4))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

pt.3-div.1-sdiv.2 Safety management systems

Subdivision 2 Safety management systems

18 Duty to establish and implement safety management system

18 Duty to establish and implement safety management system

(1) The operator of a mine or petroleum site must establish a safety management system for the mine or petroleum site, in accordance with this Subdivision.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The operator must, as far as reasonably practicable, implement the safety management system for the mine or petroleum site.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The operator must ensure no mining operations or petroleum operations take place during a time at which a part of the safety management system relevant to the mining operations or petroleum operations is not established and implemented at the mine or petroleum site in accordance with this Subdivision.

(4) The safety management system must form part of an overall management system that is in place at the mine or petroleum site.

(5) The safety management system must be designed to be used by the operator as the primary means of ensuring, as far as reasonably practicable—

(a) the health and safety of workers at the mine or petroleum site, and

(b) the health and safety of other persons is not put at risk from the mine or petroleum site or work carried out as part of mining operations or petroleum operations.

(6) Subject to subsection (7), the safety management system must provide a comprehensive and integrated system for the management of all aspects of risks to health and safety in relation to the operation of the mine or petroleum site.

(7) The safety management system must comply with subsection (6) to the extent appropriate to the mine or petroleum site having regard to—

(a) the nature, complexity and location of the mining operations or petroleum operations, and

(b) the risks associated with the operations.

Maximum penalty (subsection (7))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

19 Content of safety management system

19 Content of safety management system

(1) The safety management system for a mine or petroleum site must be documented (a safety management system document).

(2) The safety management system document for a mine or petroleum site must set out the following—

(a) the health and safety policy of the operator of the mine or petroleum site, including broad aims in relation to the safe operation of the mine or petroleum site,

(b) the arrangements for managing risks in accordance with section 14,

(c) the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with mining operations or petroleum operations at the mine or petroleum site, including the following—

(i) the principal hazard management plans for the mine or petroleum site prepared under Division 2,

(ii) the principal control plans for the mine or petroleum site,

(iii) for an underground mine—the ventilation control plan and ventilation plan prepared for the mine under Division 5, Subdivision 2,

(iv) for an underground coal mine—the matters required under Division 5, Subdivision 3,

(v) for coal mines and other mines—the matters required under Division 6.

(d) the management structure for the management of work health and safety at the mine or petroleum site, including the following—

(i) arrangements for filling temporary and permanent vacancies,

(ii) requirements relating to acting positions in the structure,

(iii) the competency requirements for positions in the structure,

(iv) the positions within the management structure that have responsibility for the management of work health and safety at the mine or petroleum site, including mining supervisors, and the names of the relevant persons,

(v) for persons nominated to exercise key statutory functions at the mine or petroleum site—the responsibilities of each person, including the supervision of workers at the mine or petroleum site,

(e) the arrangements between persons conducting a business or undertaking at the mine or petroleum site, for consultation, co-operation and the co-ordination of activities in relation to compliance with their duties under the WHS laws,

(f) if a contractor is working or likely to work at the mine or petroleum site—the control measures that will be used to control risks to health and safety associated with the contractor’s work at the mine or petroleum site, including the following—

(i) a contractor health and safety management plan prepared by the contractor under section 26,

(ii) how the contractor health and safety management plan will be integrated with the safety management system for the mine or petroleum site,

(iii) the process for assessing health and safety policies and procedures, including competency requirements, of the contractor and integrating the policies and procedures into the safety management system,

(iv) the arrangements for monitoring and evaluating compliance by the contractor with the health and safety requirements of the safety management system,

(g) the emergency procedures and all other matters in the emergency plan for the mine or petroleum site,

(h) the procedures and conditions under which persons at the mine or petroleum site or a part of the mine or petroleum site must be withdrawn to a place of safety and to remain withdrawn as a precautionary measure where a risk to health and safety warrants the withdrawal,

(i) the arrangements for the provision of information, training and instruction required under the WHS Regulations, clause 39,

(j) the induction procedures for workers at the mine or petroleum site,

(k) the arrangements for the supervision needed to protect workers and other persons at the mine or petroleum site from risks to their health and safety from work carried out at the mine or petroleum site,

(l) the arrangements for health monitoring under Part 4,

(m) the consultation and safety role for workers developed under Part 5,

(n) the procedures for notifiable incident response and investigation at the mine or petroleum site,

(o) the procedures for the response to, and investigation of, incidents referred to in section 124,

(p) the procedures for the review of control measures,

(q) the procedures for records management for the mine or petroleum site to ensure compliance with the WHS laws,

(r) the arrangements for the effective communication of relevant information across shifts by workers, supervisors and other relevant persons and the procedures for documenting the communications,

(s) the arrangements for all other monitoring and assessment and regular inspection of the working environment of the mine or petroleum site to be carried out for the purposes of the WHS laws,

(t) the performance standards under section 20,

(u) the resources that will be applied for the effective implementation and use of the safety management system.

(3) The safety management system document must—

(a) deal with the matters referred to in subsection (2) in as much as detail as is appropriate to the mine or petroleum site, having regard to—

(i) the nature, complexity and location of the mining operations or petroleum operations, and

(ii) the risks associated with the operations, and

(b) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.

(4) If a matter referred to in subsection (1) is addressed in a plan or other document prepared under the WHS laws for a mine or petroleum site, it is sufficient if the safety management system for the mine or petroleum site refers to the plan or document.

20 Performance standards and audit

20 Performance standards and audit

The safety management system for a mine or petroleum site must include the following—

(a) performance standards for measuring the effectiveness of all aspects of the safety management system that—

(i) are sufficiently detailed to show how the operator will ensure the effectiveness of the safety management system, and

(ii) include steps to be taken to continually improve the safety management system,

(b) the way in which the performance standards must be met,

(c) a system for auditing the effectiveness of the safety management system for the mine or petroleum site against the performance standards, including the methods, frequency and results of the audit process.

21 Maintenance of safety management system

21 Maintenance of safety management system

The operator of a mine or petroleum site must maintain the safety management system for the mine or petroleum site so that the safety management system remains effective.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

22 Review of safety management system

22 Review of safety management system

(1) The operator of a mine or petroleum site must ensure the safety management system for the mine or petroleum site is reviewed, to ensure it remains effective—

(a) within 12 months of the commencement of mining operations or petroleum operations at the mine or petroleum site, and

(b) at least once every 3 years after the commencement.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) If a control measure is revised under the WHS Regulations, clause 38 or this Regulation, section 15, the operator must also ensure the safety management system for the mine or petroleum site is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure.

Maximum penalty (subsection (2))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

pt.3-div.1-sdiv.3 Provision of information

Subdivision 3 Provision of information

23 Duty to provide information to operator of adjoining mine or petroleum site

23 Duty to provide information to operator of adjoining mine or petroleum site

The operator of a mine or petroleum site must, as soon as reasonably practicable and on request, provide the following information to the operator of an adjoining mine or petroleum site—

(a) information about conditions, activities or proposed activities at the mine or petroleum site that could create a risk to the health and safety of persons at the adjoining mine or petroleum site,

(b) a survey plan of the mine or petroleum site, or a mine plan of the mine, prepared under Part 6, to the extent the plan is relevant to the health and safety of persons at the adjoining mine or petroleum site.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

24 Duty on operator to provide information to contractor

24 Duty on operator to provide information to contractor

The operator of a mine or petroleum site must, as far as reasonably practicable, ensure a contractor who is to carry out mining operations or petroleum operations at the mine or petroleum site is given all relevant information and access to the mine or petroleum site to enable the contractor to identify risks associated with the proposed operations.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

25 Duty on contractor to provide information to operator

25 Duty on contractor to provide information to operator

A contractor who is to carry out mining operations or petroleum operations at a mine or petroleum site must, as far as reasonably practicable, ensure the operator of the mine or petroleum site is given all relevant information to enable the operator to identify risks associated with the proposed operations.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

26 Contractor to prepare plan or use safety management system

26 Contractor to prepare plan or use safety management system

(1) A contractor must not carry out mining operations or petroleum operations at a mine or petroleum site unless the contractor has—

(a) prepared a plan (a contractor health and safety management plan) in accordance with subsection (3), and

(b) provided a copy of the plan to the operator of the mine or petroleum site, and

(c) obtained written notice from the operator that the operator has reviewed the plan and reasonably believes the plan is consistent with the safety management system for the mine or petroleum site, and

(d) as far as reasonably practicable, implemented the plan.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) Subsection (1) does not apply if the contractor has—

(a) reviewed the relevant parts of the safety management system for the mine or petroleum site, and

(b) given the operator of the mine or petroleum site written notice that—

(i) the contractor has conducted the review, and

(ii) the contractor reasonably believes the safety management system is consistent with the contractor’s arrangements to manage the risks to health and safety from mining operations or petroleum operations carried out by the contractor at the mine or petroleum site in accordance with section 14 and other requirements under the WHS laws that relate to the operations.

(3) A contractor health and safety management plan must—

(a) set out the means by which the contractor will manage the risks to health and safety from mining operations or petroleum operations carried out by the contractor at the mine or petroleum site in accordance with section 14 and other requirements under the WHS laws that relate to the operations, and

(b) be designed to be used by the contractor as the primary means of—

(i) ensuring, as far as reasonably practicable, the health and safety of the contractor’s workers at the mine or petroleum site, and

(ii) ensuring, as far as reasonably practicable, the health and safety of other persons is not put at risk from work carried out as part of the contractor’s business or undertaking at the mine or petroleum site, and

(c) be documented, and

(d) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.

27 Identification of principal hazards and conduct of risk assessments

27 Identification of principal hazards and conduct of risk assessments

(1) The operator of a mine or petroleum site must identify all principal hazards associated with mining operations or petroleum operations at the mine or petroleum site.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The operator must conduct, in relation to each principal hazard identified, a risk assessment that involves a comprehensive and systematic investigation and analysis of all aspects of risk to health and safety associated with the principal hazard.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The operator, in conducting a risk assessment under subsection (2), must—

(a) use investigation and analysis methods appropriate to the principal hazard being considered, and

(b) consider the principal hazard individually and also cumulatively with other hazards at the mine or petroleum site.

28 Preparation of principal hazard management plan

28 Preparation of principal hazard management plan

(1) The operator of a mine or petroleum site must prepare a principal hazard management plan for each principal hazard associated with mining operations or petroleum operations at the mine or petroleum site in accordance with this section and Schedule 1.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) A principal hazard management plan must—

(a) provide for the management of all aspects of risk control in relation to the principal hazard, and

(b) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.

(3) A principal hazard management plan must—

(a) describe the nature of the principal hazard, and

(b) describe how the principal hazard relates to other hazards associated with mining operations or petroleum operations at the mine or petroleum site, and

(c) describe the analysis methods used in identifying the principal hazard, and

(d) include a record of the most recent risk assessment conducted in relation to the principal hazard, and

(e) describe the investigation and analysis methods used in determining the control measures to be implemented, and

(f) describe all control measures to be implemented to manage risks to health and safety associated with the principal hazard, and

(g) describe the arrangements in place for providing the information, training and instruction required by the WHS Regulations, clause 39 in relation to the principal hazard, and

(h) refer to the design principles, engineering standards and technical standards relied on for control measures for the principal hazard, and

(i) set out the reasons for adopting or rejecting each control measure considered.

(4) The operator of a mine or petroleum site must consider the following when preparing a principal hazard management plan for a principal hazard at the mine or petroleum site—

(a) the matters set out in Schedule 1 for the principal hazard,

(b) other matters relevant to managing the risks associated with the principal hazard.

(5) The operator of a mine or petroleum site at which there is a principal hazard must ensure no mining operations or petroleum operations are carried out at the mine or petroleum site that may give rise to the hazard before the principal hazard management plan for the hazard has been prepared in accordance with this section.

Maximum penalty (subsection (5))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

29 Review of principal hazard management plan

29 Review of principal hazard management plan

(1) The operator of a mine or petroleum site must ensure a principal hazard management plan is reviewed and as necessary revised if a control measure specified in the plan is revised under the WHS Regulations, clause 38, or this Regulation, section 15.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) If a principal hazard management plan is revised, the operator must make a written record the revisions, including the revision of a risk assessment, in the plan.

Maximum penalty (subsection (2))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

30 Principal control plans

30 Principal control plans

(1) The operator of a mine or petroleum site must comply with the requirements for principal control plans specified in this section and Schedule 2.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) A principal control plan must—

(a) be documented, and

(b) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.

(3) The operator of a mine or petroleum site must prepare a health control plan for the mine or petroleum site that sets out the means by which the operator will manage the risks to health associated with mining operations or petroleum operations at the mine or petroleum site in accordance with section 14.

(4) The operator of a mine or petroleum site at which there is a risk to health and safety associated with the mechanical aspects of plant and structures at the mine or petroleum site must—

(a) prepare and implement a mechanical engineering control plan for the mine or petroleum site that sets out the means by which the operator will manage the risks in accordance with section 14, and

(b) ensure the plan is developed and periodically reviewed by a person who is, or who is under the supervision of—

(i) the individual nominated to exercise the statutory function of mechanical engineering manager or mechanical engineer at the mine or petroleum site, or

(ii) if no person is required to hold either of the positions at the mine or petroleum site—a competent person.

(5) The operator of a mine or petroleum site at which there is a risk to health and safety associated with electricity at the mine or petroleum site must—

(a) prepare and implement an electrical engineering control plan for the mine or petroleum site that sets out the means by which the operator will manage the risks in accordance with section 14, and

(b) ensure the plan is developed and periodically reviewed by a person who is, or who is under the supervision of—

(i) the individual nominated to exercise the statutory functions of electrical engineering manager or electrical engineer at the mine or petroleum site, or

(ii) if no person is required to hold either of the positions at the mine or petroleum site—a competent person.

(6) The operator of a mine or petroleum site at which there is a risk to health and safety associated with explosives or explosive precursors at the mine or petroleum site must prepare an explosives control plan for the mine or petroleum site that sets out the means by which the operator will manage the risks in accordance with section 14.

(7) The operator of a petroleum site at which there is a risk to health and safety associated with well integrity must prepare a well integrity control plan for the petroleum site that sets out the means by which the operator will manage the risks in accordance with section 14.

Division 3 Specific control measures for all mines and petroleum sites

Division 3 Specific control measures for all mines and petroleum sites

pt.3-div.3-sdiv.1 Operational controls

Subdivision 1 Operational controls

31 Communication between outgoing and incoming shifts

31 Communication between outgoing and incoming shifts

The operator of a mine or petroleum site at which more than one shift is worked each day must implement a system that ensures, as soon as reasonably practicable at the commencement of each shift—

(a) the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift in relation to the following—

(i) the workings at the mine or petroleum site,

(ii) the state of plant,

(iii) other matters that relate to work health or safety, and

(b) the supervisor of the outgoing shift—

(i) gives a written acknowledgment to the supervisor of the incoming shift the accuracy of the report, and

(ii) signs, or electronically signs, the acknowledgment, and

(c) the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift, and

(d) the supervisor of the incoming shift—

(i) gives a written acknowledgment to the supervisor of the outgoing shift that the content of the report has been communicated to workers on the incoming shift, and

(ii) signs, or electronically signs, the acknowledgment.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

32 Movement of mobile plant

32 Movement of mobile plant

(1) In complying with section 14, the operator of a mine or petroleum site must manage risks to health and safety associated with the movement of mobile plant at the mine or petroleum site.

(2) In managing risks to health and safety associated with the movement of mobile plant at the mine or petroleum site, the operator must have regard to all relevant matters including the following—

(a) the design, layout, construction and maintenance of all roads and other areas at the mine or petroleum site used by mobile plant, including the drainage system for the road or area,

(b) risks associated with the terrain or nature of land adjacent to the road or area,

(c) interactions between mobile plant, especially between large and small mobile plant,

(d) interactions between mobile plant and fixed plant or structures,

(e) interactions between mobile plant and pedestrians, including the use of pre-movement warnings for mobile plant in mine or petroleum site workings,

(f) the operation of remotely controlled mobile plant,

(g) the maintenance, testing and inspection of brakes, steering, lights and other safety features of the mobile plant.

33 Explosives and explosive precursors

33 Explosives and explosive precursors

(1) In complying with section 14, the operator of a mine or petroleum site must manage risks to health and safety associated with explosives and explosive precursors at the mine or petroleum site.

(2) In managing risks to health and safety associated with explosives and explosive precursors at the mine or petroleum site, the operator must—

(a) ensure explosives and explosive precursors to be used at the mine or petroleum site are—

(i) safe to handle, and

(ii) fit for their intended use, and

(iii) as insensitive as reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used, and

(iv) as far as reasonably practicable, simple to store, use, transport and control, and

(b) ensure dealing with an explosive or explosive precursor at the mine or petroleum site complies with the Explosives Act 2003 and Australian Standard AS 2187Explosives—Storage, transport and use, and

(c) ensure, for an underground coal mine, shotfiring does not occur in a part of the mine where—

(i) the concentration of methane in the general body of the air is greater than 0.5% by volume, or

(ii) the amount of incombustible material contained in roadway dust is less than 85%, or

(iii) the ventilation is not sufficient to adequately dilute the atmospheric contaminants caused by the shotfiring.

34 Electrical safety

34 Electrical safety

(1) In complying with section 14, the operator of a mine or petroleum site must manage risks to health and safety associated with electricity at the mine or petroleum site.

(2) In managing risks to health and safety associated with electricity at the mine or petroleum site, the operator must ensure the following—

(a) electrical installation work at the surface is carried out in accordance with the Wiring Rules,

(b) before a circuit is first energised at the mine or petroleum site, or is first energised following the circuit being recommissioned—

(i) the circuit is tested in accordance with the Wiring Rules by a competent person, and

(ii) there is a process in place whereby the operator, or an individual nominated to exercise the statutory functions of electrical engineering manager or electrical engineer at the mine or petroleum site, can be adequately notified about the testing as soon as reasonably practicable after the testing occurs,

(c) adequately rated switchgear is provided that—

(i) permits power to be safely switched off and safely restored, and

(ii) does not permit automatic restoration of power if there is a risk of electric shock, fire, explosion or unplanned operation of plant,

(d) arrangements are in place for switching the power off or restoring power as part of normal operations in the event of a fault or an emergency,

(e) for electrical plant at the mine or petroleum site, other than plant connected and near, to a wall socket with a switch—

(i) an isolation facility is provided, and

(ii) the electrical plant is clearly identified as being isolated from electricity by the facility, and

(iii) the facility is clearly identified as the isolator for the electrical plant, and

(iv) persons required to work with the electrical plant are competent in the correct use of the facility,

(f) plans of the electrical installations at the mine or petroleum site showing the following matters are kept and maintained as required and are easily accessible by each worker required to access them—

(i) the location of each main electricity reticulation line,

(ii) the location of all high voltage cables, aerials and switchgear,

(iii) the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard,

(iv) information required to perform switching programs,

(v) the location of all known buried electrical services at the mine or petroleum site,

(vi) for a mine or petroleum site, other than an underground mine, the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable,

(vii) for an underground mine, the location of each fixed communication device at the mine,

(g) arrangements are in place so that mobile electrical plant fed by a flexible reeling or trailing cable—

(i) is not connected to power if there is an earth fault in the cable, and

(ii) has its power interrupted automatically if the continuity of the connection to earth is interrupted,

(h) arrangements are in place to ensure mains-powered hand-held electrical equipment used at the mine or petroleum site operates at no more than 250 volts and has an earth leakage of not more than 30 milliamperes sensitivity,

(i) an effective earth system is provided at the mine or petroleum site to minimise, as far as reasonably practicable—

(i) touch, transfer and step potential, and

(ii) the effects of lightning causing the ignition of methane, the ignition of explosives or detonators or the creation of dangerous touch voltages,

(j) all electrical installations, other than isolated circuits, have a continuous and effective connection to the earth system,

(k) all isolated circuits comply with the Wiring Rules, section 7.4,

(l) the electricity supply to all electrical plant at an underground mine, and all mobile plant fed via flexible reeling or trailing cables in any other mine or petroleum site, is designed so that—

(i) the magnitude of earth fault currents to the plant is limited, in order to control step and touch potentials, and

(ii) so far as is reasonably practicable, the most likely type of electrical fault is a low energy earth fault, in order to minimise the amount of energy released,

(m) the reliability of electrical safeguards provided to control the risk from both electrical and non-electrical hazards is sufficient for the level of risk being controlled,

(n) short circuit protection and over current protection is provided on all circuits, including sub-circuits,

(o) except for circuits that are isolated from earth, or that have a supply voltage that is extra-low voltage—

(i) earth leakage protection is provided on sub-circuits, and

(ii) earth fault protection is provided on all distribution and control circuits.

(3) In this section—

competent person means a person who has the qualifications to be nominated to exercise the statutory function of qualified electrical tradesperson at the mine.

Wiring Rules means Australian and New Zealand Standard AS/NZS 3000:2018Electrical installations, known as the Australian/New Zealand Wiring Rules.

35 Notification of high risk activities

35 Notification of high risk activities

(1) The operator of a mine or petroleum site must ensure a high risk activity identified in Schedule 3 is not carried out at or in relation to the mine or petroleum site unless—

(a) the operator has given notice of the activity to the regulator, and

(b) the waiting period specified in Schedule 3 in relation to the activity has lapsed, subject to—

(i) a waiver or reduction of the period under subsection (6), or

(ii) an extension of the period under subsection (9), and

(c) the activity is carried out in the way specified in the notice, or in the notice as amended under subsection (8).

(2) The notice must be given in the approved way and form and must include the following—

(a) the nature of the proposed high risk activity, including particulars of how the activity must be carried out,

(b) the proposed commencement date for the activity,

(c) the location of the activity,

(d) information or documents required by Schedule 3 in relation to the activity,

(e) the hazards identified as having the potential to arise from the activity,

(f) an assessment of the risks associated with the activity,

(g) the relevant parts of the safety management system for the mine or petroleum site that describe the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with the carrying out of the activity.

(3) The operator of a coal mine must ensure a copy of a notice given to the regulator under this section, including under subsection (8), is also given, as soon as reasonably practicable, to an industry safety and health representative and a site safety and health representative for the mine.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) If the regulator reasonably believes a notice about a proposed high risk activity is inadequate, the regulator may inform the operator by a written notice that—

(a) the notice given to the regulator is inadequate, and

(b) the notice must be resubmitted before the high risk activity can be carried out.

(5) A notice to the regulator is—

(a) taken to have been given when it is received by the regulator, or

(b) if the regulator informs an operator of a mine or petroleum site that the notice is inadequate—taken not to have been given.

(6) The regulator may waive or reduce the waiting period in relation to a particular high risk activity.

(7) A waiver or reduction under subsection (6) may only occur in relation to a coal mine if the industry safety and health representative who has been notified of the activity is consulted by the regulator in relation to the proposed waiver or reduction.

(8) A notice given to the regulator under this section may be amended by the operator giving further written notice to the regulator.

(9) The giving of a further notice under subclause (8) does not cause the waiting period to change unless the regulator extends the waiting period by a reasonable time to allow the regulator time to consider the notice as amended.

(10) Nothing in this section affects an obligation that a person may have under the WHS laws in relation to the carrying out of a high risk activity.

36 Prohibited items and substances

36 Prohibited items and substances

The operator of a mine or petroleum site must take all reasonable steps to ensure an item or substance specified in Schedule 4 is not used in a place or for a purpose that is prohibited or restricted by the Schedule.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

37 Closure, suspension or abandonment of mine or petroleum site

37 Closure, suspension or abandonment of mine or petroleum site

(1) If the operator of a mine or petroleum site closes the mine or petroleum site, the operator must, at the time of the closure, ensure as far as reasonably practicable that the mine or petroleum site is safe, including by being secure against unauthorised entry by a person.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) If mining activities or petroleum activities at a mine or petroleum site are suspended, the operator must, as far as reasonably practicable, ensure the mine or petroleum site is safe, including by being secure against unauthorised entry by a person during the period of suspension.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) For subsection (1) or (2), a mine or petroleum site is not secure against unauthorised entry by a person unless every shaft or outlet to the mine or petroleum site—

(a) is permanently sealed or filled, or

(b) is provided with a barrier that is properly maintained.

(4) The operator of a mine or petroleum site must not abandon the mine or petroleum site.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(5) In this section—

operator of—

(a) a mine includes the mine holder of the mine, or

(b) a petroleum site includes the petroleum site holder of the petroleum site.

38 Minimum age to work at mine or petroleum site

38 Minimum age to work at mine or petroleum site

(1) The mine operator of a mine must take all reasonable steps to ensure—

(a) a person under the age of 16 years is not engaged to carry out mining operations work of a kind referred to in the WHS (MPS) Act, section 7(1)(a), (b) or (d), and

(b) a person over the age of 16 years and under the age of 18 years is not engaged to carry out work at an underground mine unless the person is an apprentice or a trainee under direct supervision in relation to the work.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(2) The operator of a petroleum site must take all reasonable steps to ensure a person under the age of 16 years is not engaged to carry out petroleum operations work of a kind referred to in the WHS (MPS) Act, section 7B(1)(a), (b) or (d).

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

(3) The mine operator of an underground mine must ensure the following records are kept for the mine for each person under the age of 18 years engaged to carry out work at the mine—

(a) the date of birth of the person, and the means by which the date of birth was proven to the satisfaction of the mine operator,

(b) the date on which the person commenced working at the mine.

39 Inspections

39 Inspections

(1) The mine operator of a mine must ensure arrangements are in place for the regular inspection of the working environment of the mine for the purposes of the WHS laws.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator must ensure, in the making of the arrangements, the following are taken into account—

(a) the procedures for conducting inspections,

(b) when inspections must be carried out,

(c) the persons competent to conduct inspections,

(d) the number of competent persons required to conduct each inspection.

(3) The mine operator of a mine must ensure a risk assessment is conducted on all areas of the mine when taking account of the matters set out in subsection (2)(a)–(d).

pt.3-div.3-sdiv.2 Air quality and monitoring

Subdivision 2 Air quality and monitoring

40 Temperature and moisture content of air

40 Temperature and moisture content of air

In complying with section 14, the operator of a mine or petroleum site must—

(a) manage risks to health and safety associated with extremes of either or both the temperature and moisture content of air, and

(b) if risks associated with extreme heat exist at an underground mine—implement control measures, including monitoring, to manage heat stress in places at the mine where—

(i) persons work or travel, and

(ii) the wet bulb temperature is more than 27°C.

41 Ensuring exposure standards for dust and diesel particulate matter and carbon dioxide not exceeded

41 Ensuring exposure standards for dust and diesel particulate matter and carbon dioxide not exceeded

(1) The operator of a mine or petroleum site must—

(a) as far as reasonably practicable, minimise the exposure of persons at the mine or petroleum site to dust and diesel particulate matter, and

(b) ensure no person at the mine or petroleum site is exposed to 8-hour time-weighted average atmospheric concentrations of airborne dust and diesel particulate matter that is more than—

(i) for respirable dust—3mg per cubic metre of air, or for a coal mine, 1.5mg per cubic metre of air, or

(ii) for inhalable dust—10mg per cubic metre of air, or

(iii) for diesel particulate matter—0.1mg per cubic metre, measured as sub-micron elemental carbon.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) Without limiting subsection (1), the operator of an underground coal mine must—

(a) as far as reasonably practicable, minimise the exposure of persons to carbon dioxide in the mine, and

(b) must ensure no person in the mine is exposed to an 8-hour time-weighted average atmospheric concentration of carbon dioxide that is more than—

(i) for short term exposure limits—30,000 parts per million, or

(ii) otherwise—12,500 parts per million.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The Workplace Exposure Standards for Airborne Contaminants apply in relation to a concentration referred to in subsection (1) or (2) as if the concentration were an exposure standard referred to in the document.

(4) In this section—

8-hour time-weighted average has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants.

short term exposure limit has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants.

42 Monitoring exposure to airborne dust and diesel particulate matter and carbon dioxide

42 Monitoring exposure to airborne dust and diesel particulate matter and carbon dioxide

The WHS Regulations, clause 50 applies to—

(a) the operator of a mine or petroleum site in relation to airborne dust and diesel particulate matter as if the concentrations referred to in section 41(1) were exposure standards to which the WHS Regulations, clause 50 applies, and

(b) the operator of an underground coal mine in relation to carbon dioxide as if the concentrations referred to in section 41(2) were exposure standards to which the WHS Regulations, clause 50 applies.

43 Use of air monitoring devices

43 Use of air monitoring devices

The operator of a mine or petroleum site who uses air monitoring devices to comply with air monitoring requirements under the WHS Regulations, clause 50 and under this Regulation must ensure—

(a) the devices are suitable and effective having regard to—

(i) the nature of the monitoring being carried out, and

(ii) the substance being monitored, and

(b) the devices are positioned to ensure they work to best effect.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

44 Use of air monitoring signage

44 Use of air monitoring signage

The operator of a mine or petroleum site, in complying with air monitoring requirements under the WHS Regulations, clause 50 and under this Regulation, must ensure signs are erected at the mine or petroleum site that explain—

(a) the meaning of a warning produced by an air monitoring device, and

(b) what persons must do in response to the warning.

Maximum penalty—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

pt.3-div.3-sdiv.3 Fitness for work

Subdivision 3 Fitness for work

45 Fatigue, alcohol and drugs

45 Fatigue, alcohol and drugs

In complying with section 14, the operator of a mine or petroleum site must manage risks to health and safety associated with the following—

(a) worker fatigue,

(b) the consumption of alcohol by workers,

(c) the use of drugs by workers.

Division 4 Specific control measures for all mines

Division 4 Specific control measures for all mines

46 Operation of belt conveyors

46 Operation of belt conveyors

(1) In complying with section 14, the mine operator of a mine must manage risks to health and safety associated with the operation of belt conveyors at the mine.

(2) In managing risks to health and safety associated with the operation of belt conveyors at the mine, the mine operator must do the following—

(a) ensure all belt conveyors are fitted with an emergency stop system,

(b) have regard to all matters relevant to risks associated with the operation of belt conveyors,

(c) ensure belt conveyors are regularly inspected by a competent person,

(d) for an underground coal mine—ensure each belt conveyor in operation is inspected by a competent person—

(i) at least once every shift, and

(ii) to detect the presence of overheating, smouldering or other condition likely to cause a fire—as soon as reasonably practicable after the belt conveyor is shut down for a period.

47 Mining induced seismic activity

47 Mining induced seismic activity

(1) In complying with section 14, the mine operator of a mine must manage risks to health and safety associated with mining induced seismic activity at the mine.

(2) In managing risks to health and safety associated with mining induced seismic activity at the mine, the mine operator must, as far as reasonably practicable, do the following—

(a) ensure appropriate equipment and procedures are used for the monitoring, recording, interpretation and analysis of data relating to mining induced seismic activity and the behaviour of the mine with the activity, commensurate with the level of risk,

(b) adopt an effective seismic monitoring plan which contains trigger or action points to ensure actions or procedures are undertaken on the occurrence of certain criteria specified in the plan,

(c) ensure the design of the mine mitigates the damage arising from the sudden release of energy from the build-up of mining-induced stresses,

(d) ensure geotechnical engineered ground support systems are installed and the systems take into account the following—

(i) the intended life of the excavation,

(ii) the mining-induced stress changes and potential cycles of loading and unloading,

(iii) blast vibrations during development mining and from surrounding stopes,

(iv) the potential impact of voids and the management of voids,

(v) the tolerance for stability problems and rehabilitation,

(vi) the potential for rockburst,

(e) ensure the ground support system is designed to contain events that have already been recorded or expected by appropriate modelling, allowing for an appropriate factor of safety,

(f) ensure mining by remote methods is implemented when mining areas at risk of high or unpredictable mining induced seismic activity,

(g) ensure mine design, mining methods and sequences, ground support design and assumptions and modelling are documented and reviewed on an on-going basis and, where necessary, revised.

Division 5 Specific control measures for underground mines

Division 5 Specific control measures for underground mines

pt.3-div.5-sdiv.1 Operational controls for underground mines

Subdivision 1 Operational controls for underground mines

48 Inrush hazards

48 Inrush hazards

(1) The mine operator of an underground mine must implement a system for the mine that ensures the following—

(a) the identification of all reasonably foreseeable inrush hazards at the mine,

(b) the determination of the presence and location of an inrush hazard by exploratory bore-holes, including a way of sealing or otherwise controlling a bore-hole to prevent inrush, or other exploratory methods,

(c) communication of the location of identified inrush hazards, including inrush hazards being approached, to all affected persons,

(d) the determination of whether or not an identified inrush hazard is a principal hazard,

(e) if an identified inrush hazard is a principal hazard—the identification, establishment and maintenance of an inrush control zone for the inrush hazard in accordance with the WHS laws.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) An inrush control zone must be located near the inrush hazard and—

(a) if the exact location of the inrush hazard is known—extend at least 50m from the location of the inrush hazard, or

(b) if the exact location of the location of the inrush hazard is not known—extend more than 50m from the suspected location of the inrush hazard, as determined by a risk assessment conducted under section 27.

(3) The mine operator must ensure, in relation to each inrush control zone, control measures and procedures are implemented to control the risk of inrush.

(4) The mine operator must ensure an inrush control zone is not mined before—

(a) control measures and procedures have been implemented under subsection (3), and

(b) the persons who will work in the zone have been trained in relation to the implementation of the control measures and procedures.

(5) If an identified inrush hazard is not at an accessible place at the mine, it is sufficient to control the risk from inrush by—

(a) providing adequate separation of solid rock between the mine workings and the assessed worst case position of the potential source of inrush, and

(b) complying with the requirements of an applicable principal hazard management plan prepared for inrush hazards.

(6) The mine operator of an underground mine, before connecting an underground mine workings at the mine to other workings, including disused workings, must—

(a) ensure the other workings are inspected for water, gas and other circumstance that may be an inrush hazard, and

(b) if it is not possible to safely gain access to the workings to be connected—ensure exploratory bore-holes or other exploratory methods are used to determine the location of the other workings.

Maximum penalty (subsection (6))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

49 Connecting workings

49 Connecting workings

(1) The mine operator of an underground mine must ensure, if 2 working faces are approaching each other at an underground mine, 1 of the workings is stopped, made safe and barricaded as soon as reasonably practicable before the distance separating the faces creates a risk to health or safety.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator of an underground mine, before connecting underground mine workings to other workings, including disused workings, must ensure the other workings are inspected for the following—

(a) water,

(b) gas,

(c) misfires,

(d) butts,

(e) other circumstances that may be a risk to the health or safety of a person at the mine, other than a risk associated with an inrush hazard.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The requirements of subsection (2) are satisfied in circumstances where there is no safe access to the workings to be connected, if the mine operator ensures, before the workings are connected, exploratory bore holes or other exploratory methods are used to identify circumstances that may be a risk to the health and safety of a person at the mine.

50 Winding systems

50 Winding systems

(1) The mine operator of an underground mine must ensure every winding system used or that may be put into use at the mine includes the following—

(a) ropes and devices that can withstand all forces reasonably expected to be borne by the ropes and devices,

(b) control measures to prevent, as far as reasonably practicable, a shaft conveyance from overwind, moving at an unsafe speed, excessive acceleration and deceleration and uncontrolled movement,

(c) at least 2 braking systems that—

(i) ensure the winding system remains under control in the event of a failure in 1 of the systems, or

(ii) for a winding system used or that may be put into use at a small gemstone mine—are designed to incorporate a fail safe and consist of at least 1 brake and 1 emergency arresting device,

(d) a device that safely attaches ropes to conveyances,

(e) for an underground small gemstone mine, control measures that detect one or more of the following malfunctions that may be present—

(i) slack rope,

(ii) broken rope,

(iii) rope detaching from a conveyance or winding drum,

(iv) unsafe coiling of rope,

(f) for an underground mine other than a small gemstone mine, control measures that detect 1 or more of the following malfunctions that may be present—

(i) slack rope,

(ii) rope slip,

(iii) unsafe balance rope conditions,

(iv) unsafe coiling of rope,

(g) control measures that cause the winding system to be brought to a safe state when a condition or malfunction referred to in paragraph (e) or (f) is detected,

(h) warning systems to alert persons at the mine to an emergency in a winding system,

(i) if it is reasonably practicable, remote monitoring of the functions of the system,

(j) an effective means of communication—

(i) between the surface and a shaft conveyance used for carrying persons, and

(ii) between the point of control of the winding system and the entry to every shaft that is in use,

(k) for multi-rope winding systems—devices that load the ropes as uniformly as possible.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) Subsection (1)(h)–(k) does not apply to an underground small gemstone mine.

(3) The mine operator must ensure the condition and performance of the winding system, and its components, are tested and monitored at intervals to ensure the safe performance of the system.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) The mine operator must ensure energy lockout devices are fitted to all mechanical and electrical plant associated with a shaft at the mine, including mechanical and electrical plant associated with the operation, maintenance or use of the shaft.

Maximum penalty (subsection (4))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

51 Ropes

51 Ropes

(1) The mine operator of an underground mine, other than an underground small gemstone mine, must ensure—

(a) each rope used for the purposes of a winding system or slope haulage is regularly inspected and tested to ensure it is safe to use for the purposes of a winding system or slope haulage, and

(b) criteria are established to determine when a rope is no longer suitable for those purposes.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator of an underground small gemstone mine must ensure each rope used for the purpose of a winding system is regularly inspected and tested to ensure it is safe to use for the purpose of a winding system.

Maximum penalty (subsection (2))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

52 Operation of shaft conveyances

52 Operation of shaft conveyances

(1) The mine operator of an underground mine must ensure material or plant being carried in a shaft conveyance—

(a) does not protrude from the shaft conveyance while it is moving and make contact with a wall of the shaft or anything in the shaft, and

(b) is so secured to the shaft conveyance that it cannot leave the shaft conveyance except by being deliberately removed.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator of an underground mine must ensure persons being carried in a shaft conveyance are adequately protected from the following—

(a) another shaft conveyance in the same shaft,

(b) material or plant being carried by the other shaft conveyance,

(c) the wall of the shaft or anything in the shaft.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The mine operator of an underground mine must ensure, if a shaft conveyance that combines a cage and skip is used, material is not carried in the skip while persons are being carried in the cage.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) The mine operator of an underground mine must ensure control measures are implemented to prevent a shaft conveyance from falling down the shaft.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(5) The mine operator of an underground mine must, as far as reasonably practicable, ensure control measures are implemented to prevent persons, rock, material and plant from falling down a shaft.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(6) In this section—

shaft conveyance means a conveyance that is connected to a winding system.

53 Dust explosion

53 Dust explosion

(1) In complying with section 14, the mine operator of an underground mine must manage risks to health and safety associated with an explosion associated with dust at the mine.

(2) In managing risks to health and safety associated with dust at the mine, the mine operator must implement control measures that, as far as reasonably practicable, do the following—

(a) minimise the generation of potentially explosive dusts,

(b) suppress, collect and remove potentially explosive airborne dusts,

(c) suppress dust explosion,

(d) restrict the propagation of a dust explosion so that other areas are not affected.

54 Communication systems

54 Communication systems

The mine operator of an underground mine must maintain a system for effective communication throughout the mine and between the surface and locations at the underground mine.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

55 Ground and strata support

55 Ground and strata support

The mine operator of an underground mine, which has an area of unsupported ground or strata that is required to be supported to ensure compliance with section 14, must ensure—

(a) no person enters the area when there is no ground or strata support, and

(b) no person enters the area to install ground or strata support unless sufficient temporary ground or strata support is provided, and

(c) plans of the proposed support arrangements for the area are prepared and displayed in locations readily accessible to workers at the mine.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

56 Exhaust emissions and fuel standards

56 Exhaust emissions and fuel standards

(1) The mine operator of an underground mine must ensure the following—

(a) exhaust emissions from diesel engines located underground are regularly sampled and analysed every 6 months by a qualified person,

(b) the results of the sampling and analysis by the qualified person are compared with the baseline exhaust emissions for the particular diesel engine when the engine was new, or as new,

(c) the engine is regularly maintained so that emissions from the engine are as low as reasonably practicable, having regard to the baseline exhaust emissions.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator of an underground mine must ensure fuel used at the mine is supplied in accordance with—

(a) the Fuel Quality Standards Act 2000 of the Commonwealth (the Commonwealth Act) and the Fuel Quality Standards (Automotive Diesel) Determination 2019 made under the Commonwealth Act, or

(b) a fuel standard that has been varied by an approval under the Commonwealth Act by the Minister administering the Commonwealth Act.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The mine operator of an underground mine must ensure fuel supplied in accordance with subsection (2)(b) or fuel additives used at the mine do not increase the health and safety risks to workers at the mine.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) For subsection (3), comparison load testing on underground diesel engines at various load points must be used to determine whether a fuel or fuel additive increases the health and safety risks to workers at the mine.

(5) In this section—

qualified person means a person—

(a) holding a licence under Part 10, or

(b) if the underground mine is not an underground coal mine, a person who, in the mine operator’s opinion—

(i) is suitably qualified and experienced, and

(ii) will be supervised by a competent person, and

(iii) will use equipment and facilities suitable for carrying out sampling and analysis.

pt.3-div.5-sdiv.2 Air quality and ventilation for underground mines

Subdivision 2 Air quality and ventilation for underground mines

57 Airborne contaminants

57 Airborne contaminants

(1) The mine operator of an underground mine must ensure, in an accessible place at the mine, the concentration of an airborne contaminant, including an asphyxiant or flammable gas, is as low as reasonably practicable.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator must comply with subsection (1)—

(a) as far as reasonably practicable, by using suppression or the installation of a ventilation or exhaust extraction system, or

(b) if this is not reasonably practicable—by some other suitable means.

(3) This section does not limit the WHS Regulations, clause 49 or this Regulation, section 41.

58 Minimum standards for ventilated air

58 Minimum standards for ventilated air

(1) The mine operator of an underground mine must ensure the ventilation system for the mine provides air that is of sufficient volume, velocity and quality to ensure the general body of air in the areas in which persons work or travel—

(a) has a concentration of oxygen that is at least 19.5% by volume under normal atmospheric pressure, and

(b) has dust levels that—

(i) are as low as reasonably practicable, and

(ii) are not more than the relevant levels specified in section 41(1)(b)(i) and (ii), and

(c) if diesel engines are used underground—has a concentration of diesel emissions that—

(i) for diesel particulate matter—is as low as reasonably practicable and is not more than the relevant level specified in section 41(1)(b)(iii), and

(ii) for other diesel emissions, including known harmful emissions from diesel engine systems—is as low as reasonably practicable.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) In addition to subsection (1), the mine operator of an underground mine must ensure the ventilation system for the mine provides for air that is of sufficient quality to ensure the general body of air in the areas in which persons work or travel has a level of contaminants that—

(a) is as low as reasonably practicable, and

(b) is not more than the exposure level for that contaminant specified in the relevant exposure standard referred to in the WHS Regulations, clause 49.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) This section does not apply in relation to an area of the mine—

(a) that is required to be entered in an emergency or for a mines rescue purpose or to rectify a failure of the ventilation system, and

(b) in which all persons are using self-contained breathing apparatus.

59 Air quality

59 Air quality

The mine operator of an underground mine must ensure air monitoring is carried out at the mine in the following circumstances—

(a) in relation to an underground mine other than an underground coal mine—if the mine operator is not certain on reasonable grounds whether or not section 58 is being complied with,

(b) in relation to an underground coal mine—at intervals that ensure compliance with clauses 58(1), 74 and 76.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

60 Requirements if air quality and air safety standards not met

60 Requirements if air quality and air safety standards not met

(1) This section applies if monitoring reveals that—

(a) at an underground mine other than an underground coal mine—

(i) the oxygen level specified in section 58(1)(a) is not met, or

(ii) a dust level referred to in section 58(1)(b)(ii) is exceeded, or

(iii) an exposure level referred to in section 58(2)(b) is exceeded, or

(b) at an underground coal mine—

(i) the oxygen level specified in section 58(1)(a) is not met, or

(ii) a dust level referred to in section 58(1)(b)(ii) is exceeded, or

(iii) an exposure level referred to in section 58(2)(b) is exceeded, or

(iv) the concentration of methane referred to in section 76(1)(b) is exceeded.

(2) The mine operator of an underground mine must immediately notify an affected workers or other persons at the mine of the relevant circumstances referred to in subsection (1).

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The mine operator of an underground mine must have the air quality at the mine retested by a competent person as soon as reasonably practicable.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) The mine operator of an underground mine must ensure procedures are in place to ensure, if the ventilation in an area of the mine is inadequate—

(a) the person responsible for the area of the mine is notified, and

(b) no person gains access to, or remains in, the area of the mine until adequate ventilation is restored.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(5) The mine operator of an underground mine satisfies the requirements of subsection (4) if the mine operator ensures procedures are in place at the mine to require—

(a) the person with responsibility for an area of the mine to be informed as soon as reasonably practicable after a person finds the ventilation is inadequate in the area, and

(b) the person with responsibility for the affected area to do the following—

(i) immediately take measures available to the person to restore adequate ventilation to the area,

(ii) if the mine is an underground coal mine—notify an individual nominated to exercise the statutory function of ventilation officer at the mine of the matter,

(iii) ensure no person gains access to, or remains in, the area until adequate ventilation is restored,

(iv) provide a written report to the mine operator of the measures that have been taken to restore adequate ventilation.

61 Records of air monitoring

61 Records of air monitoring

(1) The mine operator of an underground mine must keep a record of air monitoring carried out at the mine under section 59.

Maximum penalty—

(a) for an individual—12.5 penalty units, or

(b) for a body corporate—60 penalty units.

(2) A record of air monitoring must include the following—

(a) the results of the monitoring,

(b) details of the dates, location and frequency of the monitoring,

(c) the sampling method and equipment used.

(3) A record of air monitoring carried out under this Regulation must be kept for 7 years after the record is made.

(4) The mine operator must keep a record of air monitoring available for inspection under the WHS laws.

Maximum penalty—

(a) for an individual—12.5 penalty units, or

(b) for a body corporate—60 penalty units.

(5) The mine operator must keep a record of air monitoring readily accessible to workers and other persons at the mine.

Maximum penalty (subsection (5))—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

62 Ventilation systems

62 Ventilation systems

(1) The mine operator of an underground mine must ensure air supplied to the ventilation system at the mine is obtained from the purest source available.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator must ensure the following—

(a) ventilation circuits at the mine do not allow uncontrolled recirculation of air,

(b) plant and structures that regulate airflow are maintained in good working order,

(c) unventilated headings are not entered unless—

(i) the purpose of entry is to establish ventilation, and

(ii) adequate ventilation is provided to the person entering the heading,

(d) an auxiliary fan or scrubber fan used at the mine is located and operated in a way that prevents uncontrolled recirculation of air through the fan,

(e) a ventilation fan installed at the surface for the purpose of ventilating the underground mine is placed in a position and under conditions that ensure the least amount of damage as possible is caused to the fan in the event of an explosion, or other overpressure event, at the underground mine,

(f) a procedure is in place for starting each type of fan, including the main fan,

(g) no person deals with a main fan or auxiliary fan ventilating an underground mine unless the person is authorised by the mine operator to do so,

(h) no person starts or stops a fan ventilating an underground mine unless each person likely to be adversely affected by the starting or stopping has been notified.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The mine operator must ensure, at every point in areas of the mine where persons work or travel, the ventilation system for the mine provides at least 1m3 of air per second.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) Subsection (3) does not apply in relation to a person entering an unventilated heading to establish ventilation.

63 Monitoring and testing of ventilation system

63 Monitoring and testing of ventilation system

(1) The mine operator of an underground mine must ensure—

(a) the main ventilation fans of the mine are monitored at all times, and

(b) an alarm is triggered on the surface if a main ventilation fan stops.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator of an underground mine must monitor and test all aspects of the operation of the ventilation system at intervals that ensure the system complies with sections 58 and 62.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The mine operator of a mine must keep a record of all monitoring and testing of the ventilation system at the mine for at least 7 years.

Maximum penalty—

(a) for an individual—12.5 penalty units, or

(b) for a body corporate—60 penalty units.

(4) The mine operator must keep the record available for inspection under the WHS laws.

Maximum penalty—

(a) for an individual—12.5 penalty units, or

(b) for a body corporate—60 penalty units.

(5) The mine operator must keep the record readily accessible to workers and other persons at the mine.

Maximum penalty (subsection (5))—

(a) for an individual—36 penalty units, or

(b) for a body corporate—180 penalty units.

64 Modelling to take place before changes to ventilation system

64 Modelling to take place before changes to ventilation system

(1) The mine operator of an underground mine must ensure, before a significant change is made to the ventilation system for the mine, modelling of the change is carried out.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) This section does not apply to—

(a) a mine, other than a coal mine, with less than 5 workers, or

(b) an opal mine.

65 Duty to prepare ventilation control plan

65 Duty to prepare ventilation control plan

(1) The mine operator of an underground mine must ensure a plan is prepared to provide for the management of all aspects of ventilation at the mine (a ventilation control plan).

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The ventilation control plan must describe all control measures implemented in relation to ventilation at the mine.

(3) Without limiting subsection (2), the ventilation control plan must include a description of the following, if applicable to the mine—

(a) the design and operation of the ventilation system, including the standards applying to the placement, operation, maintenance and monitoring of ventilation plant,

(b) arrangements for inspecting, monitoring, maintaining and testing the ventilation system,

(c) arrangements for managing risks to health and safety associated with potential inrush hazards and leakage into intake airways of atmospheric contaminants from goaf areas and abandoned sealed workings,

(d) arrangements for managing risks to health and safety associated with intake air travelling across the face of a permanent seal at the mine,

(e) arrangements, in the event of a loss of power supply, for an alternate and independent way of operating the main ventilation fans or for the withdrawal of persons from the mine,

(f) arrangements for managing risks to health and safety associated with ignition sources in the event that the main ventilation fans fail to adequately ventilate the mine,

(g) procedures to ensure the health and safety of persons at the mine in the event of a total or partial ventilation failure,

(h) for an underground coal mine—arrangements for sealing all, or part of, the mine,

(i) procedures for ventilating the parts of the mine where persons work or travel,

(j) how close ventilation ducting and brattice lines must be to a face,

(k) arrangements for the installation of ventilation control devices,

(l) arrangements for signage in relation to regulators, fans and doors at the mine notifying persons that interference with the regulator, fan or door by unauthorised persons is prohibited,

(m) arrangements to prevent workers from inadvertently entering inadequately ventilated parts of the mine,

(n) starting procedures for fans,

(o) modelling of the ventilation processes when a significant change is made to the ventilation arrangements,

(p) procedures to be followed in the event of the failure of the main ventilation system including details of the circumstances requiring the safe withdrawal of persons from the mine and the giving of an alarm at the surface if a main ventilation fan stops.

66 Review of ventilation control plan

66 Review of ventilation control plan

The mine operator of an underground mine must ensure a ventilation control plan is reviewed and as necessary revised if a control measure specified in the plan is revised under the WHS Regulations, clause 38 or this Regulation, section 15.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

67 Ventilation plan

67 Ventilation plan

(1) The mine operator of an underground mine must ensure a plan of the ventilation system for the mine (the ventilation plan) is prepared.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The ventilation plan must show—

(a) the direction, course and volume of air currents, and

(b) the position of all air doors, stoppings, fans, regulators and other ventilation plant and structures and ventilation monitoring devices at the mine.

(3) The mine operator of an underground mine must ensure the ventilation plan is reviewed and revised as necessary.

Maximum penalty (subsection (3))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

pt.3-div.5-sdiv.3 Other measures for underground coal mines

Subdivision 3 Other measures for underground coal mines

68 Coal dust explosion

68 Coal dust explosion

(1) In complying with section 14 in relation to coal dust explosion, the mine operator of an underground coal mine must do the following—

(a) limit coal dust generation, including its generation by mining machines, coal crushers and belt conveyors and at belt conveyor transfer points,

(b) suppress, collect and remove airborne coal dust,

(c) limit or remove coal dust accumulation on roadways and other surfaces in mine roadways to ensure the amount of incombustible material contained in roadway dust at the mine is kept at or above the following concentration levels—

(i) for dust in a panel roadway within 200m outbye the last completed line of cut-throughs in the panel—85%,

(ii) for dust in a 200m section of panel roadway within 400m of a longwall face—85%,

(iii) for dust in a return roadway to which subparagraphs (i) and (ii) do not apply—80%,

(iv) for dust in an intake roadway to which subparagraphs (i) and (ii) do not apply—70%,

(d) determine the stone dust or other explosion inhibitor application rate necessary to minimise the risk of a coal dust explosion and apply the rate,

(e) ensure stone dust used—

(i) is of a type or grade that is suitable for its proposed use, and

(ii) is white in colour, and

(iii) does not contain more than 3% by mass of free silica, and

(iv) at least 95% by mass of the stone dust is finer than 250 micrometres, and

(v) at least 60% and not more than 80% of the mass of the stone dust that is finer than 250 micrometres is finer than 75 micrometres,

(f) restrict the propagation of a coal dust explosion so that other areas are not affected,

Example—

Use of explosion barriers.

(g) ensure explosion barriers are installed and maintained—

(i) at roadways within a face zone, other than single entry roadways, that are return roadways or that contain belt conveyors, or

(ii) in another place as required following a risk assessment under section 14,

Example—

A bleeder return from a goaf.

(h) ensure stone dust or other explosion inhibitor is applied to a new section of roadway so that—

(i) no more than 30m of the new section is left without an application of stone dust or other explosion inhibitor while the section is being driven, and

(ii) no part of the new section is left without an application of stone dust or other explosion inhibitor for more than one day, not including a day on which no mining operations occur at the mine.

(2) Subsection (1)(c) does not apply in relation to dust in a roadway if there is sufficient natural make of water associated with the mining operations to prevent a coal dust explosion.

(3) The mine operator must also establish procedures in relation to the following—

(a) the regular inspection, sampling and analysis of roadway dust layers by an individual nominated to exercise the statutory function of roadway dust sampler at the mine,

(b) where laboratory analysis of roadway dust is required for incombustible material content—ensuring the analysis is carried out at a laboratory that is accredited by the National Association of Testing Authorities, Australia in relation to the incombustible material content of roadway dust,

(c) the application of stone dust or another explosion inhibitor for suppressing coal dust explosion,

(d) the intervals at which dust sampling and analysis referred to in paragraph (a) must be carried out,

(e) the keeping of records of samples taken at the mine that identifies the following in relation to each sample—

(i) the date it was taken,

(ii) the location at the mine from which it was taken,

(iii) the incombustible material content of the sample,

(iv) the methods used for analysing the sample,

(f) in each case that spot sampling is used—the keeping of records of the reasons why strip sampling was not used,

(g) the keeping of a plan of the mine that shows the percentage of incombustible material at various parts of the mine and revising the plan as soon as reasonably practicable after new sample results are obtained,

(h) the treatment of float dust on structures and surfaces that have been dusted with stone dust.

(4) Sampling referred to in subsection (3)(a) must—

(a) be carried out by using strip sampling or, if strip sampling is not reasonably practicable, spot sampling, and

Example—

Strip sampling would not be reasonably practicable for a physical impediment such as rib mesh where it would not be possible to get representative and accurate samples using strip sampling.

(b) as far as reasonably practicable, comply with the following—

(i) samples must be taken over a length of roadway of at least 45m,

(ii) samples must not be taken from a depth of more than 5mm,

(iii) the areas from which samples are taken must not be less than 1% of the total area to which the sampling relates,

(iv) samples must not be taken from points at which samples have been taken on a previous occasion,

(v) dust from a floor of a roadway must be sampled and tested separately from dust on the roof or sides of the roadway if it appears the dust on the floor contains a different incombustible content than dust on the roof or sides, and

(c) take place at least once every—

(i) for a face zone—month, or

(ii) for an outbye return or a belt conveyor roadway—3 months, or

(iii) for another outbye roadway—6 months.

(5) The mine operator of an underground coal mine must ensure, if a sample indicates that the amount of incombustible material at part of the mine is lower than that required for the part by subsection (1)(c), stone dust or another explosion inhibitor is applied to the part of the mine from which the sample was taken within the following periods, and a record is kept of the date and time of the application—

(a) for a sample that failed to meet the requirements of subsection (1)(c)(i) or (ii)—24 hours after the results are determined,

(b) for a sample that failed to meet the requirements of subsection (1)(c)(iii) or (iv)—7 days after the results are determined.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(6) In this section—

explosion barriers means—

(a) water barriers installed in accordance with Schedule 5, or

(b) bagged stone dust barriers installed in accordance with the manufacturer’s or supplier’s guidelines, or

(c) barriers installed as a high risk activity.

float dust means coal dust that is finer than 75 micrometres that has been deposited on a surface that has received an application of stone dust or other explosion inhibitor.

intake roadway means a roadway used for the intake of air to mine workings.

return roadway means a roadway used for the removal of air and airborne contaminants from mine workings.

roadway dust means all dust in a roadway including coal dust and stone dust.

spot sampling means taking samples of dust from the floor, roof and sides of a roadway by collecting the dust from a series of spots that—

(a) are identified on a plan before the sampling occurs, and

(b) range in size from 0.1m2 to 0.5m2, and

(c) are equally distributed and alternating, and

(d) do not overlap.

strip sampling means taking samples of dust from the floor, roof and sides of a roadway by collecting the dust from a series of transverse strips that—

(a) are of equal width, and

(b) are spaced apart by equal amounts of no more than 5m, and

(c) do not overlap.

69 Spontaneous combustion

69 Spontaneous combustion

(1) In complying with section 14, the mine operator of an underground coal mine must—

(a) manage risks to health and safety associated with spontaneous combustion at the mine, and

(b) implement procedures to minimise the potential exposure of persons to airborne contaminants produced by spontaneous combustion, and

(c) ensure gas analysis and sensory indicators of spontaneous combustion are developed specifically for the mine and are used as an internal standard against which the risk of spontaneous combustion is assessed, and

(d) ensure written records of all spontaneous combustion events at the mine are maintained for the life of the mine, and that the records specify the characteristics of each event and its location, in accordance with a survey plan of the mine.

(2) The mine operator of an underground coal mine must ensure the procedures implemented under subsection (1)(a) and (b) and the gas analysis and sensory indicators developed under subsection (1)(c) are set out in the principal hazard management plan relating to spontaneous combustion at the mine.

70 Subsidence

70 Subsidence

(1) In complying with section 14, the mine operator of an underground coal mine must manage risks to health and safety associated with subsidence at the mine.

(2) Without limiting subsection (1), the mine operator must ensure—

(a) as far as reasonably practicable, the rate, method, layout, schedule and sequence of mining operations do not put the health and safety of a person at risk from subsidence, and

(b) monitoring of subsidence is conducted, including monitoring of its effects on relevant surface and subsurface features, and

(c) an investigation of subsidence and an interpretation of subsidence information is carried out only by a competent person, and

(d) all subsidence monitoring data is provided to the regulator—

(i) in the approved way and form, and

(ii) at the times required by the regulator, and

(e) as far as reasonably practicable, procedures are implemented for the effective consultation, co-operation and co-ordination of action in relation to subsidence between the mine operator and relevant persons conducting business or an undertaking that is, or is likely to be, affected by subsidence.

71 Sealing

71 Sealing

(1) In complying with section 14, the mine operator of an underground coal mine must manage risks to health and safety associated with sealing at the mine.

(2) Without limiting subsection (1), the mine operator must ensure the following—

(a) consideration is given to the conditions at the place in which the seal is to be installed, including the following—

(i) the presence of flammable gas,

(ii) the potential of ignition sources,

(iii) the possibility of pressure piling behind the seal,

(iv) how long the seal can be expected to remain in the condition in which it is installed,

(b) when the mine, or part of the mine, requires sealing in emergency conditions—

(i) the sealing is carried out in accordance with the ventilation control plan and the emergency plan for the mine, and

(ii) the risks to health and safety associated with the emergency sealing activities at the mine are managed,

(iii) notification regarding the emergency sealing is provided as soon as reasonably practicable to the regulator in the approved way and form,

(c) the operation of each airlock installed at an entrance to the mine is tested to ensure its effectiveness at least once every 12 months or more if necessary,

(d) the connection point for using inertisation equipment and each airlock and seal required to be used with the equipment at the mine are tested at appropriate intervals to ensure—

(i) they are fit for use in the event of an emergency, and

(ii) necessary facilities including water and cleared areas are available for use with the equipment, and

(e) modelling is conducted at least once every 12 months to ensure the inertisation locations to be used at the mine are located effectively.

(3) The testing referred to in subsection (2)(c) may, but need not, include pressure testing.

72 Light metal alloys

72 Light metal alloys

(1) In complying with section 14, the mine operator of an underground coal mine must manage risks to health and safety associated with light metal alloys at the mine.

(2) Without limiting subsection (1), the mine operator must ensure, having regard to incendive sparking and the explosive or combustible nature of exposed light metal alloy and accumulated light metal alloy dust—

(a) as far as reasonably practicable, items containing an exposed light metal alloy are not left underground unattended, and

(b) measures are implemented in relation to the underground storage, transport, handling and use of items made of, or containing, a light metal alloy, and the removal of the items from the mine.

73 Goaf areas and abandoned or sealed workings

73 Goaf areas and abandoned or sealed workings

(1) In complying with section 14, the mine operator of an underground coal mine must manage risks to health and safety associated with goaf areas and abandoned or sealed workings.

(2) Without limiting subsection (1), the mine operator must—

(a) as far as reasonably practicable, prevent intake air from travelling across the face of a permanent seal at the mine, and

(b) provide ways of minimising the risks of inrush and leakage into intake airways of atmospheric contaminants from goaf areas and abandoned or sealed workings, and

(c) determine, by a risk assessment, the level of monitoring appropriate for the goaf areas and abandoned or sealed workings and implement the monitoring.

74 Ventilation

74 Ventilation

(1) The provisions of this section apply in addition to the provisions of Subdivision 2.

(2) The mine operator of an underground coal mine must ensure the following—

(a) a main ventilation fan used at the mine is not located underground,

(b) the volume of air passing through each area at which longwall mining operations are taking place must not be less than 4m3 per second for each metre of extracted height,

(c) the volume of air passing through the area in which mining operations are taking place using a continuous miner must not be less than 0.3m3 per second for each square metre of the average cross sectional area of the roadway in which the continuous miner is operating,

(d) the percentage by volume of methane in the general body of the air is no greater than 0.25% at any point on the intake side that is 100m outbye of—

(i) the most inbye completed line of cut-throughs, or

(ii) any longwall or shortwall face, but only to the extent the intake airway is on the intake side of that face, but not if the longwall face is an installation face at which the development of the face, and mining for development coal, have been completed and at which longwall mining has yet to commence,

(e) the ventilation control plan for the mine specifies the minimum quantity of ventilated air required for each part of the mine for power to continue to be supplied to the part of the mine,

(f) if the minimum quantity specified in the ventilation control plan is not supplied to a part of the mine, arrangements are in place to ensure—

(i) immediate action is taken to supply ventilated air to the part of the mine to above the minimum quantity as soon as possible, and

(ii) the supply of power to electrical plant, other than electrical plant referred to in section 81(2), is cut off by the quickest means available and will not be restored before the supply of ventilated air is above the minimum quantity,

(g) an auxiliary fan used at the mine is switched off by the quickest means available if the main ventilation system fails,

(h) the mine has a procedure in place for using the following fans as part of the mine’s ventilation system—

(i) auxiliary fans, including auxiliary fans used for degassing places where methane has accumulated,

(ii) booster fans,

(iii) scrubber fans,

(i) an effective airlock is provided and maintained at each shaft or outlet that is—

(i) used for winding or for the transport of persons or materials, and

(ii) connected to the main return of the mine,

(j) every main ventilation fan has—

(i) a pressure gauge showing the pressure at all times, and

(ii) a device that indicates at all times, and records, the volume of air passing through the fan,

(k) each fan installed on the surface, and each booster fan installed below ground, at the mine as part of its ventilation system is fitted with 1 or more devices that—

(i) continuously monitor the working condition of the fan, including its static pressure, and

(ii) trigger a visible alarm if there is a significant departure from the fan’s normal operating parameters, and

(iii) record the date and time that an alarm is triggered or the power supply shut off, and

(iv) display the results of the monitoring and the visible alarm in a place that is easily accessible by a person whose tasks include checking the condition of the fan.

(3) The mine operator of an underground coal mine must ensure, in part of the mine where persons work and travel and where one or more diesel engines are in operation, the ventilation system provides an average volume of air measured across the work or travel area of—

(a) if the design of each of the engines is registered under the WHS Regulations, Part 5.3 and a volume of air is specified for the engine under the registration—the greater of—

(i) the total volume of air so specified, or

(ii) 3.5m3 per second, or

(b) otherwise—the greater of—

(i) 0.06m3 per second for each kilowatt of the total maximum output of the engines, or

(ii) 3.5m3 per second.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) The mine operator of an underground coal mine must ensure the effectiveness of the ventilation system and the ventilation control plan for the mine are audited at least once every 12 months by an individual nominated to exercise the statutory function of ventilation auditor at the mine.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(5) The individual conducting the audit under subsection (4) must, as soon as reasonably practicable after completing the audit, provide a report to the mine operator that sets out in detail—

(a) whether or not the ventilation system is being implemented in accordance with the ventilation control plan, and

(b) whether or not the ventilation system is achieving the objectives set by the ventilation control plan for the ventilation system, and

(c) how effective the system is in meeting the objectives of the ventilation control plan.

(6) The mine operator of an underground coal mine must ensure the ventilation plan required under section 67 is reviewed and revised at least once a month and at other times as necessary.

Maximum penalty (subsection (6))—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

s 74: Am 2022 (670), Sch 1[1].

75 Minimum standards for ventilated air

75 Minimum standards for ventilated air

(1) The mine operator of an underground coal mine must ensure the ventilation system for the mine provides air that is of sufficient volume, velocity and quality to ensure the general body of air in the areas in which persons work or travel has carbon dioxide levels that—

(a) are as low as reasonably practicable, and

(b) are not more than the relevant levels specified in section 41(2).

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) This section does not apply in relation to an area of the underground coal mine—

(a) that is required to be entered in an emergency or for a mines rescue purpose or to rectify a failure of the ventilation system, and

(b) in which all persons are using self-contained breathing apparatus.

76 Control and monitoring of methane levels

76 Control and monitoring of methane levels

(1) The mine operator of an underground coal mine must, in addition to complying with section 58(1), ensure the ventilation system for the mine provides for air that is of sufficient quality to ensure the general body of air in the areas in which persons work or travel has a concentration of methane that—

(a) is as low as reasonably practicable, and

(b) is not greater than 2% by volume.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator of an underground coal mine must—

(a) as far as reasonably practicable, determine the location of all hazardous zones at the mine and ensure workers are aware of the locations, and

(b) ensure control measures are implemented for each hazardous zone for the management of risks to health and safety associated with the ignition of methane at the mine.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) The mine operator of an underground coal mine must ensure methane monitoring plant is provided at the mine that complies with the following—

(a) has detection heads at points most likely to detect the presence of methane,

(b) clearly displays the values of methane concentration at locations visible to persons having responsibility for monitoring the concentrations,

(c) gives audible or visible signals and alarms if concentrations exceed certain levels,

(d) provides for the capture, storage, retrieval and dissemination of information relating to methane concentrations detected,

(e) provides for the recording of events that cause a monitor to give an audible or visible signal or alarm or that cut the supply of power to a place or plant.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) The mine operator of an underground coal mine must ensure an internal combustion engine that operates in a return airway is equipped with a continuous methane monitor that gives an audible or visible alarm when the concentration of methane in the general body of the air is 1% by volume or greater.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(5) The mine operator of an underground coal mine must ensure an internal combustion engine that operates in a return airway—

(a) is withdrawn from the return airway if the concentration of methane in the general body of the air is 1% by volume or greater, but less than 1.25%, or

(b) is shut down if the concentration of methane in the general body of the air is 1.25% by volume or greater.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(6) The mine operator of an underground coal mine must ensure each face machine in use at the mine is equipped with a continuous methane monitor that—

(a) gives an audible or visible alarm if the concentration of methane in the general body of the air is 1% by volume or greater, and

(b) cuts the supply of power to the face machine if the concentration of methane in the general body of the air is 1.25% by volume or greater, and

(c) cuts the supply of power to the face machine if—

(i) the monitor is installed at or close to the heads of the face machine, and

(ii) the concentration of methane in the air close to the heads of the face machine is 2% by volume or greater.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(7) The mine operator of an underground coal mine must ensure each face at which longwall, shortwall or miniwall mining operations are taking place is equipped with a continuous methane monitor that—

(a) is located so that the monitor can accurately detect methane levels where the mining operations are taking place, and

(b) cuts the supply of power to the face if the concentration of methane in the general body of the air is 1.25% by volume or greater at the face.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(8) The mine operator of an underground coal mine must, as far as reasonably practicable, ensure a continuous methane monitor that malfunctions or fails—

(a) gives an audible or visible signal of the malfunction or failure, and

(b) cuts the supply of power to electrical plant it is monitoring.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

77 Gas monitoring

77 Gas monitoring

(1) The mine operator of an underground coal mine must ensure the following—

(a) the gas content of the air at the mine is monitored,

(b) a gas content monitoring system is put into place that identifies the following—

(i) the locations at which the gas content of air is to be monitored,

(ii) sets out, for each type of gas being monitored, the gas concentration level (the alarm level) at which alarms will be activated or the supply of power will be cut to a place or plant or both,

(iii) who is authorised to set or change the alarm levels and how the alarm levels or changes to the alarm levels must be recorded,

(iv) who is responsible for acknowledging when the alarm levels are reached and recording the acknowledgments,

(v) who is responsible for communicating that an alarm level has been reached and initiating action as a result of reaching the level,

(vi) response plans to be activated as a result of an alarm level being reached,

(vii) how the actions of persons in response to an alarm level being reached, and the identities of the persons, must be recorded,

(c) the gas content monitoring system is documented,

(d) an accurate plan showing the location of all gas content monitoring plant in the mine is maintained,

(e) the safety management system for the mine specifies the alarm level for each type of gas,

(f) a record is kept of all events where an alarm level is reached,

(g) a recording barometer is provided at the surface,

(h) all gas content monitoring plant is calibrated and maintained,

(i) detection heads of gas content monitoring plant are positioned to maximise the likelihood of detecting the gas being monitored and producing accurate readings,

(j) gas monitoring plant has an alternative power supply to ensure, as far as reasonably practicable, the plant continues to function if the normal power supply fails,

(k) all gas content monitoring plant installed and operated underground is explosion-protected and meets 1 or more of the requirements set out in section 81(2)(b)(i)–(v),

(l) gas content monitoring plant automatically activates an alarm or cuts the supply of power if an alarm level is reached.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) The mine operator of an underground coal mine must ensure the following take place continuously at the mine—

(a) gas content monitoring of the air at the mine that automatically detects and calculates the values and trends of the following—

(i) the ratio of carbon monoxide and oxygen deficiency (Graham’s Ratio),

(ii) the ratio of carbon monoxide and carbon dioxide,

(iii) the ability of gas to form an explosive mixture with air,

(b) fixed real time monitoring of the products of combustion in the general body of the air at the return side of each belt conveyor drive head,

(c) gas content time monitoring of the return air at or near exhaust entries and outbye end of ventilation splits, unsealed goafs and waste workings,

(d) fixed real time monitoring of the concentration of methane by volume in—

(i) the general body of the air in each main return airway, and

(ii) the general body of the air in each return airway in a ventilation split, and

(iii) air passing through a main exhaust fan or a booster fan.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) For subsection (2)(c), gas content means the content in the air of each of the following—

(a) methane, carbon monoxide and oxygen,

(b) carbon dioxide, but only if the regulator has given a written direction to the mine operator to monitor carbon dioxide for the purposes of this section.

78 Portable gas detectors

78 Portable gas detectors

(1) The mine operator of an underground coal mine must ensure a portable gas detector that meets the requirements of this section is provided to—

(a) each mining supervisor, and

(b) each person identified in the safety management system for the mine as being a person who requires a detector.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) A portable gas detector must be—

(a) fit for use at an underground coal mine, and

(b) capable of detecting—

(i) methane, carbon monoxide and oxygen, and

(ii) if the safety management system specifies additional gases, or additional gases in different circumstances—the specified gases.

(3) The safety management system for a mine must specify the type of portable gas detector a person must have if the person is required to be provided with a portable gas detector.

79 Requirements if air quality or safety standards not met

79 Requirements if air quality or safety standards not met

(1) In this section, a person has a reasonable belief about a risk if the person reasonably believes the air quality or air safety standards under this Regulation are not being met at an accessible place at an underground coal mine (the place of risk).

(2) The mine operator of an underground coal mine must ensure the following—

(a) a worker who forms a reasonable belief informs a mining supervisor,

(b) a mining supervisor who is informed of a worker’s reasonable belief takes reasonable steps to inspect the place of risk,

(c) a mining supervisor who forms a reasonable belief—

(i) directs all work to cease at the place of risk, and

(ii) directs all persons at the place of risk to withdraw from the place of risk, and

(iii) implements measures to prevent persons from entering the place of risk, and

(iv) takes reasonable steps to control the risk, including reporting to the mine operator the risk, the steps taken to control the risk and whether the risk has been eliminated or minimised by a control measure.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) If the mine operator of an underground coal mine has been informed that the risk has not been eliminated, the mine operator must ensure further control measures are implemented as are reasonably practicable to control the risk.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(4) For the purposes of this section, an accessible place at an underground coal mine is taken to be a place of risk if—

(a) the percentage of methane in the general body of air in the place is found to be—

(i) greater than 2% by volume, or

(ii) if explosion-protected, electrical plant, electrical equipment or internal combustion engines are in use in the place—1.25% by volume or greater, or

(iii) if electrical plant, other than explosion-protected plant, is present in the place—greater than 0.25% by volume, or

(b) ventilation to the place is below that which is required by the ventilation control plan, or

(c) the oxygen level specified in section 58(1)(a) is not met, or

(d) a dust level referred to in section 58(1)(b)(ii) is exceeded, or

(e) an exposure level referred to in section 58(2)(b) is exceeded.

80 Post incident monitoring

80 Post incident monitoring

(1) The mine operator of an underground coal mine must ensure arrangements are developed and implemented in accordance with this section for the monitoring, as far as reasonably practicable, of the atmosphere of the mine following an explosion or fire that leads to—

(a) the withdrawal of persons from all or part of the mine, and

(b) the cutting of the supply of power to all or part of the mine.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) In developing and implementing the arrangements, the mine operator must ensure consideration is given to the following—

(a) the optimum locations for monitoring points,

(b) the gases to be monitored,

(c) the design of the post incident monitoring system to increase the likelihood of the system being able to continue operating after an incident,

(d) the need for and availability of external resources,

(e) the regular testing of the arrangements.