124Duty to notify regulator of certain incidents

124 Duty to notify regulator of certain incidents

124 Duty to notify regulator of certain incidents

(1) The operator of a mine or petroleum site must take all reasonable steps to ensure the regulator is notified in accordance with this section after becoming aware of an incident, other than a notifiable incident, arising out of the carrying out of mining operations or petroleum operations at the mine or petroleum site, but only if the incident—

(a) results in an illness or injury that requires medical treatment within the meaning of Schedule 9, section 12, or

(b) is a high potential incident.

Maximum penalty—

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

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

(2) The notification must also be made to an industry safety and health representative if the incident occurs at a coal mine.

(3) The operator must ensure the regulator is notified as soon as reasonably practicable after becoming aware of the incident, but no later than the earlier of the following—

(a) 7 days after becoming aware of the incident,

(b) 48 hours after becoming aware the incident resulted in an illness or injury.

(4) The notification must—

(a) be written, and

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

(c) for an incident that results in an illness or injury—contain the details specified in Schedule 8.

(5) In this section—

8-hour time-weighted average has the same meaning as in section 41.

high potential incident means the following—

(a) an event referred to in section 190(1) that would have been a dangerous incident if a person were reasonably in the vicinity at the time when the incident or event occurred and in usual circumstances a person could have been in the vicinity at the time,

(b) the detection of a concentration of methane in the general body of the air at an underground coal mine, other than in a sealed area or goaf, that is greater than 2% by volume,