92Consultation in preparation of emergency plan

92 Consultation in preparation of emergency plan

92 Consultation in preparation of emergency plan

(1) In preparing an emergency plan, the mine operator of a coal mine or an underground mine must, as far as reasonably practicable, consult with the following—

(a) the primary emergency services with responsibility for the area in which the mine is located,

(b) for a coal mine—another emergency service organisation, including the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001, that may be required to participate in implementing the emergency plan,

(c) in relation to the principal hazards that may cause or contribute to an incident that may adversely affect the health and safety of persons in the area surrounding the mine—the local authority for the local authority area in which the mine is located.

(2) The mine operator must ensure the emergency plan addresses recommendations made by the emergency service organisations consulted under subsection (1) in relation to—

(a) the testing of the emergency plan, including the way in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing, and

(b) what incidents or events at the mine should be notified to the emergency service organisations.

(3) The mine operator must have regard to other recommendation or advice given by a person consulted under subsection (1).

(4) This section does not apply to—

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

(b) an opal mine.

(5) In this section—

council has the same meaning as in the Local Government Act 1993.

local authority means—

(a) if the mine is located on land in a local government area—the council, or

(b) if the mine is located in an area within the Western Division that is not within the area of a council—the person nominated by the Minister from time to time for the purposes of this section.