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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
609Definitions
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609 Definitions
current risk management plan, for a mine site, means the last risk
management plan for the mine site given to the regulator under
regulation 612 or 615(2).
mine operator, see regulation 610.
mine site means:
(a) in relation to mining activity for which a mining authorisation is
required – the area of land to which the mining authorisation
relates; or
(b) in relation to any other mining activity – the area of land on
which the mining activity is carried on.
mine site hazard, for a mine site, means a hazard relating to
mining activity or a related activity carried on at the mine site that
could give rise to risks to health and safety.
mining activity means exploration for, or mining of, minerals (as
defined in section 13A of the Environment Protection Act 2019).
mining authorisation means one of the following:
(a) a mineral title, as defined in section 11(1) of the Mineral Titles
Act 2010;
(b) a non-compliant existing interest, as defined in section 204(1)
of the Mineral Titles Act 2010;
(c) a Part III authority, as defined in section 5(1) of the Atomic
Energy Act 1953 (Cth).
related activity means any of the following:
(a) processing of minerals, tailings, spoil heaps or waste dumps
mined or created during the carrying on of mining activity;
(b) decommissioning or rehabilitation of land, plant or a structure
used in carrying on mining activity or an activity mentioned in
paragraph (a);
Work Health and Safety (National Uniform Legislation) Regulations 2011 478
(c) an activity incidental or related to mining activity or an activity
mentioned in paragraph (a) or (b);
(d) the care and maintenance of land, plant and structures used in
carrying on mining activity or an activity mentioned in
paragraph (a), (b) or (c) during a suspension of that activity.
Examples for definition related activity, paragraph (c)
1 Removal, handling, transport or storage of minerals or other material.
2 Construction, operation, maintenance or removal of plant or a structure.
610 Meaning of mine operator
(1) The mine operator for a mine site is:
(a) the person (the entitlement holder) conducting the business
or undertaking who:
(i) if a mining authorisation is required for the mining activity
carried on at the mine site – holds the mining
authorisation; or
(ii) otherwise – has a right or entitlement to carry on mining
activity at the mine site; or
(b) the person conducting the business or undertaking who:
(i) has management and control of mining activity at the
mine site; and
(ii) is appointed in writing by the entitlement holder to be the
mine operator for the mine site.
(2) An appointment for subregulation (1)(b)(ii) is of no effect unless:
(a) the appointee consents in writing to the appointment; and
(b) copies of the appointment and consent have been given to the
(3) The appointment ceases to have effect if written notice is given to
the regulator:
(a) by the entitlement holder that the appointment has been
terminated; or
(b) by the appointee that it has withdrawn its consent.
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