91Duty to prepare emergency plan

91 Duty to prepare emergency plan

91 Duty to prepare emergency plan

(1) The operator of a mine or petroleum site must prepare an emergency plan 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) In addition to the matters required by the WHS Regulations, clause 43(1) the emergency plan must—

(a) address all aspects of emergency response, including by ensuring the following—

(i) the establishment of a system that enables all persons at the mine or petroleum site to be promptly located,

(ii) for a mine or petroleum site, other than an opal mine, a record of all persons underground at any given time, and each person’s likely location, is accurately maintained and readily available in an emergency,

(iii) the provision of adequate rescue equipment,

(iv) an adequate number of persons trained in the use of rescue equipment are available to respond effectively to the emergency if a person is working at the mine or petroleum site,

(v) the provision of adequate patient transport if a person is working at a mine or petroleum site,

(vi) the provision of appropriate transportation, or suitable means of exit by walking, for persons at risk in an emergency to a place of safety, including during an emergency evacuation,

(vii) arrangements are in place for emergency sealing of all or part of an underground coal mine, and

(b) include a statement of potential triggers for the activation of the plan, and

(c) include all matters specified in Schedule 7, and

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

(3) The emergency plan for a mine or petroleum site must contain an appropriate level of detail about the matters set out in subsection (2)(a)–(c) having regard to all relevant matters, including—

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