58Minimum standards for ventilated air

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