Section 35 - Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 - Notification of high risk activities

35Notification of high risk activities

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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—