Part 8ACrystalline silica

Chapter 8A—Crystalline silica 529A—Meaning of processing in relation to crystalline silica substances and related terms (1) In these regulations, processing in relation to a CSS means— (a) the use of power tools or mechanical plant to carry out an activity involving the crushing, cutting, grinding, trimming, sanding, abrasive polishing or drilling of a CSS; or (b) the use of roadheaders to excavate material that is a CSS; or (c) the quarrying of a material that is a CSS; or (d) mechanical screening involving a material that is a CSS; or (e) tunnelling through a material that is a CSS; or (f) a process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica during the manufacture or handling of a CSS. (2) In these regulations, crystalline silica substance (CSS) means material that contains at least 1% crystalline silica, determined as a weight/weight (w/w) concentration. Engineered stone is a type of CSS. (3) In these regulations, crystalline silica— (a) means crystalline polymorphs of silica; and (b) includes the following substances: (i) cristobalite; (ii) quartz; (iii) tridymite; (iv) tripoli. (4) In these regulations, engineered stone— (a) means a CSS that— (i) is an artificial product; and (ii) is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and (iii) becomes hardened; but (b) does not include the following: (i) concrete and cement products; (ii) bricks, pavers and other similar blocks; (iii) ceramic wall and floor tiles; (iv) grout, mortar and render; (v) plasterboard; (vi) porcelain products; (vii) sintered stone; (viii) roof tiles. 529B—When processing of CSS is controlled (1) In these regulations, the processing of a CSS is controlled if— (a) control measures to eliminate or minimise risks arising from the processing are implemented so far as is reasonably practicable; and (b) at least 1 of the following measures are used during the processing: (i) the isolation of a person from dust exposure; (ii) a fully enclosed operator cabin fitted with a high efficiency air filtration system; (iii) an effective wet dust suppression method; (iv) an effective on-tool extraction system; (v) an effective local exhaust ventilation system; and (c) a person still at risk of being exposed to respirable crystalline silica after 1 or more of the measures in paragraph (b) are used— (i) is provided with respiratory protective equipment; and (ii) wears the respiratory protective equipment while the work is carried out. See also regulation 351. (2) Despite subregulation (1), if the measures in subregulation (1)(b) are not reasonably practicable, the processing of a CSS is controlled if a person who is at risk of being exposed to respirable crystalline silica during the processing— (a) is provided with respiratory protective equipment; and (b) wears the respiratory protective equipment while the work is carried out. respiratory protective equipment means personal protective equipment that— (a) is designed to prevent a person wearing the equipment from inhaling airborne contaminants; and (b) complies with— (i) AS/NZS 1716:2012 (Respiratory protective devices); and (ii) AS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment). Regulations 44, 45 and 46 apply to the provision and use of personal protective equipment, including the respiratory protective equipment provided under subregulation (1)(c) and (2). 529C—Duty for processing of CSS to be controlled A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, processing of a CSS unless the processing is controlled. Regulations 529D and 529F apply to the processing of engineered stone. 529CA—Identifying processing of CSS that is high risk (1) A person conducting a business or undertaking at a workplace must assess the processing of a CSS carried out by the business or undertaking at the workplace to determine if the processing is high risk. (2) In assessing whether the processing of a CSS is high risk, the person must have regard to the following: (a) the specific processing that will be undertaken; (b) the form or forms of crystalline silica present in the CSS; (c) the proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w) concentration; (d) the hazards associated with the work, including the likely frequency and duration that a person will be exposed to respirable crystalline silica; (e) whether the airborne concentration of respirable crystalline silica that is present at the workplace is reasonably likely to exceed half the workplace exposure standard; (f) any relevant air and health monitoring results previously undertaken at the workplace; (g) any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace. (3) In assessing whether the processing of a CSS is high risk, the person must not— (a) rely on the control measures implemented under regulation 529B(1)(b); or (b) have regard to the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica. (4) The person must ensure that a risk assessment conducted under subregulation (1) is recorded in writing. (5) If a person conducting a business or undertaking is unable to determine whether the processing of a CSS carried out at the workplace is high risk, the processing is taken to be high risk until the person determines that the processing is not high risk. 529CB—Silica risk control plan required for processing of CSS that is high risk (1) A person conducting a business or undertaking carrying out the processing of a CSS that is high risk must, before the processing commences, ensure that a silica risk control plan for the processing— (a) is prepared; or (b) has already been prepared by another person. (2) A silica risk control plan must— (a) identify all the processing of a CSS carried out at the workplace that is high risk; and (b) include the risk assessment undertaken under regulation 529CA for all processing of a CSS that is high risk; and (c) document what control measures will be used to control the risks associated with the processing that is high risk and how those measures will be implemented, monitored and reviewed; and (d) be set out and expressed in a way that is readily accessible and understandable to persons who use it. (3) A silica risk control plan is not required to be prepared before the processing of a CSS that is high risk if— (a) the processing that is high risk is also high risk construction work; and (b) a safe work method statement is prepared, or has already been prepared by another person, before the processing commences; and (c) the safe work method statement satisfies the requirements in subregulation (2). 529CC—Compliance with silica risk control plan (1) A person conducting a business or undertaking carrying out the processing of a CSS that is high risk must put in place arrangements for ensuring that the processing is carried out in accordance with the silica risk control plan, including by ensuring that the silica risk control plan is— (a) available to all workers; and (b) provided to all workers before they commence the processing. (2) If the processing of a CSS that is high risk is not carried out in accordance with the silica risk control plan that applies to the processing, the person must ensure that the processing— (a) is stopped immediately or as soon as it is safe to do so; and (b) resumed only in accordance with the silica risk control plan. (3) A person conducting a business or undertaking must ensure that a silica risk control plan is reviewed and as necessary revised if relevant control measures are revised under regulation 38. (a) In the case of an individual—$5 000. (b) In the case of a body corporate—$25 000. 529CD—Duty to train workers about risks of crystalline silica (1) A person conducting a business or undertaking must ensure that a worker receives crystalline silica training if the person reasonably believes that the worker may be— (a) involved in the processing of a CSS that is high risk; or (b) be at risk of exposure to respirable crystalline silica because of the processing of a CSS that is high risk. (2) The person must ensure that a record is kept of the training undertaken by the worker— (a) while the worker is carrying out the processing of a CSS that is high risk; and (b) for 5 years after the day the worker ceases working for the person. (3) The person must keep the record available for inspection under the Act. crystalline silica training means training that is accredited, or training approved by the regulator, in relation to the following: (a) the health risks associated with exposure to respirable crystalline silica; (b) the need for, and proper use of, any risk control measures required by the Regulations. Division 1 of Chapter 3 Part 2 also applies to a person conducting a business or undertaking involving the processing of a CSS. 529CE—Monitoring in relation to processing of CSS that is high risk A person conducting a business or undertaking that is carrying out, or directing or allowing a worker to carry out, the processing of a CSS that is high risk, must— (a) undertake air monitoring for respirable crystalline silica in accordance with regulation 50; and (b) provide air monitoring results to the regulator, in a form approved by the regulator, if the airborne concentration of respirable crystalline silica has exceeded the workplace exposure standard as soon as reasonably practicable and no more than 14 days from the date that the air monitoring result was reported to the person conducting a business or undertaking; and (c) provide health monitoring for all workers carrying out the processing of a CSS that is high risk in accordance with Division 6 of Chapter 7 Part 1 of the Regulations. Part 2—Work involving engineered stone benchtops, panels or slabs 529D—Work involving engineered stone benchtops, panels or slabs—prohibition A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work that involves manufacturing, supplying, processing or installing engineered stone benchtops, panels or slabs. (a) In the case of an individual—$8 400. (b) In the case of a body corporate—$42 000. Under Chapter 11 Part 2 Division 3A, work involving a type of engineered stone may be the subject of an exemption from this regulation. 529E—Work involving engineered stone benchtops, panels or slabs—exception for particular supply and installation Regulation 529D does not apply to work that involves supplying or installing engineered stone benchtops, panels or slabs if the work is— (a) for genuine research and analysis; or (b) to sample and identify engineered stone. 529F—Work involving engineered stone benchtops, panels or slabs—exception for particular processing Regulation 529D does not apply to work that involves processing engineered stone benchtops, panels or slabs if the work— (a) is carried out— (i) for genuine research and analysis; or (ii) to sample and identify engineered stone; or (iii) to remove, repair or make minor modifications to installed engineered stone; or (iv) to dispose of the engineered stone, whether it is installed or not; and (b) is controlled. Part 3—Regulator to be notified of particular processing of engineered stone 529G—Notification of particular processing of engineered stone (1) This regulation applies if work that involves processing engineered stone benchtops, panels or slabs is carried out— (a) to remove, repair or make minor modifications to installed engineered stone; or (b) to dispose of the engineered stone, whether it is installed or not. (2) Before the work is carried out, a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must give the regulator a written notice in the form approved by the regulator— (a) stating the work being carried out; and (b) describing the type of work being carried out; and (c) stating the frequency and duration of the work; and (d) stating the other information in relation to the work required by the approved form, if any. (3) Subregulation (2) does not apply to a person conducting a business or undertaking if— (a) the person conducting the business or undertaking does not know, and could not reasonably be expected to know, before the work is carried out that the work involves processing engineered stone benchtops, panels or slabs; and (b) as soon as practicable after the person conducting the business or undertaking becomes aware that the work involves processing engineered stone benchtops, panels or slabs, the person gives the regulator a written notice under subregulation (2) in relation to the work. (4) If the regulator receives a notice under subregulation (2) or (3), the regulator must give the person conducting the business or undertaking an acknowledgement of receipt of the notice. 529H—Notification of change in information given under Part 3 (1) If the information given to the regulator in a written notice under this Part in relation to work changes (other than because the work is no longer being carried out), a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must, within the period ending 30 days after the day the change occurs, give the regulator a written notice— (a) stating the information has changed; and (b) describing the change to the information. (2) If the regulator receives a notice under subregulation (1), the regulator must give the person conducting the business or undertaking an acknowledgement of receipt of the notice. 529I—Notification that work continues 12 months after last notice given under Part 3 (a) a person conducting a business or undertaking gives a notice under this Part in relation to work; and (b) a period of 12 months beginning on the day the last notice is given about the work ends; and (c) the work is still being carried out. (2) A person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must, within the period of 30 days ending after the day the 12‑month period ends, give the regulator a written notice stating— (a) the work is still being carried out; and (b) any information given to the regulator that has changed. (3) If the regulator receives a notice under subregulation (2), the regulator must give the person conducting the business or undertaking an acknowledgement of receipt of the notice. 529J—Duty to keep notice given under Part 3 A person conducting a business or undertaking who gives the regulator a notice under this Part must, for a period of 5 years beginning on the day the notice is given to the regulator— (a) keep a copy of the notice; and (b) ensure that a copy of the notice is readily accessible; and (c) allow a person to access a copy of the notice upon request. Chapter 9—Major hazard facilities Division 1—Application and interpretation 530—This Chapter does not apply to certain facilities (1) This Chapter does not apply in relation to a facility that is regulated by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth. (2) This Chapter does not apply in relation to— (a) a temporary port storage facility controlled and managed by a port operator within the meaning of the Harbors and Navigation Act 1993; or (b) a pipeline— (i) that forms part of a distribution system within the meaning of the Gas Act 1997; or (ii) that is a transmission pipeline, or part of a transmission pipeline, to which a pipeline licence under the Petroleum and Geothermal Energy Act 2000 relates; or (iii) to which a pipeline licence under the Petroleum (Submerged Lands) Act 1982 relates; or (c) a magazine at which explosives may be kept under the Explosives Act 1936 and located at a site at which no processing involving dangerous goods, including explosives, is carried out. 531—Meaning of major incident major incident, at a major hazard facility, is an occurrence that— (a) results from an uncontrolled event at the major hazard facility involving, or potentially involving, Schedule 15 chemicals; and (b) exposes a person to a serious risk to health or safety emanating from an immediate or imminent exposure to the occurrence. (2) Without limiting subregulation (1), occurrence includes any of the following: (a) escape, spillage or leakage; (b) implosion, explosion or fire. 532—Meaning of hazardous chemicals that are present or likely to be present (1) A reference in these regulations to hazardous chemicals, including Schedule 15 chemicals, being present or likely to be present at a facility is a reference to the quantity of hazardous chemicals that would, if present, meet the maximum capacity of the facility, including— (a) the maximum capacity of process vessels and interconnecting pipe systems that contain the hazardous chemicals; and (b) the maximum capacity of storage tanks and vessels used for the hazardous chemicals; and (c) the maximum capacity of other storage areas at the facility that could contain the hazardous chemicals; and (d) the maximum capacity of pipe work outside process areas to contain the hazardous chemicals; and (e) the maximum quantity of hazardous chemicals that would, in the event of failure, escape into the facility from pipe work that is situated off the premises but is connected to the facility; and (f) the maximum quantity of hazardous chemicals loaded into or onto, or unloaded from, vehicles, trailers, rolling stock and ships that are from time to time present at the facility in the course of the facility's operations. (2) Subregulation (1) applies with any necessary changes to hazardous chemicals that are likely to be present at a proposed facility. (3) Schedule 15 chemicals present or likely to be present in the tailings dam of a mine are not to be considered in determining whether a mine is a facility or a major hazard facility. 533—Meaning of operator of a facility or proposed facility operator, of a facility, is the person conducting the business or undertaking of operating the facility who has— (a) management or control of the facility; and (b) the power to direct that the whole facility be shut down. (2) In this Chapter— operator of a proposed facility means— (a) the operator of a proposed facility that is an existing workplace; or (b) the person who is to be the operator of a proposed facility that is being designed or constructed. (3) If more than 1 person is an operator of the facility within the meaning of subregulation (1)— (a) 1 of those persons must be selected as the operator of the facility for the purposes of this Chapter; and (b) that person's details must be given to the regulator. (4) The person selected— (a) must notify the regulator of the nomination; and (b) may do so by including it in a notification under regulation 536. (5) The person selected under subregulation (3) is the operator of the facility for the purposes of this Chapter. (6) If a selection is not made, each of the following persons is taken to be an operator of the facility for the purposes of this Chapter: (a) each operator within the meaning of subregulation (1) who is an individual; (b) for each operator within the meaning of subregulation (1) that is a body corporate—each officer of the body corporate. 534—Meaning of modification of a facility (1) In these regulations, a reference to a modification of a major hazard facility is a reference to a change or proposed change at the major hazard facility that has or would have the effect of— (a) creating a major incident hazard that has not previously been identified; or (b) significantly increasing the likelihood of a major incident occurring; or (c) in relation to a major incident that may occur—significantly increasing— (i) its magnitude; or (ii) the severity of its health and safety consequences. (2) For the purposes of subregulation (1), change or proposed change at a major hazard facility means a change or proposed change of any kind, including any of the following: (a) a change to any plant, structure, process or chemical or other substance used in a process, including the introduction of new plant, a new structure, a new process or a new chemical; (b) a change to the quantity of Schedule 15 chemicals present or likely to be present at the major hazard facility; (c) a change to the operation, or the nature of the operation, of the major hazard facility; (d) a change in the workers' safety role; (e) a change to the major hazard facility's safety management system; (f) an organisational change at the major hazard facility, including a change in its senior management. Division 2—Requirement to be licensed 535—A major hazard facility must be licensed (1) A facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity must be licensed under Chapter 9 Part 7. See section 41 of the Act. (2) A facility that is determined to be a major hazard facility under regulation 541 must be licensed under Chapter 9 Part 7. See section 41 of the Act. (3) Despite subregulation (1) or (2), a determined major hazard facility is exempt from the requirement to be licensed during the exemption period if the operator of the major hazard facility is taken to be a suitable person to operate the facility for the purposes of Chapter 9 Part 2. (4) The operator of a licensed major hazard facility must hold the licence for the major hazard facility. exemption period, in relation to a determined major hazard facility, means the period beginning on the determination of the facility and ending on the first of the following to occur: (a) the revocation of the determination of the facility under regulation 546; (b) the end of the period for applying for a licence given under regulation 549, unless an application for a licence for the facility is made within that period; (c) the grant of a licence for the facility under Chapter 9 Part 7; (d) if the regulator decides to refuse to grant a licence for the facility— (i) the end of the period for applying for an external review of that decision, unless an application for external review is made within that period; or (ii) the making of the decision on the external review. 1 The licensing process is provided for in Chapter 9 Part 7. 2 Under Chapter 9 Part 2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under regulation 543. 3 Under Chapter 9 Part 3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case. 4 Chapter 9 Part 2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether— (a) a facility or proposed facility is a major hazard facility; and (b) the operator of a determined major hazard facility is a suitable person to— (i) operate the facility while the determination under paragraph (a) is in force; and (ii) apply for a licence for the facility. Part 2—Determinations about major hazard facilities 536—Operators of certain facilities must notify regulator (1) The operator of a facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds 10% of their threshold quantity must notify the regulator of this circumstance in accordance with this Part. (2) Notification must be given— (a) as soon as practicable (but not more than 3 months) after the operator becomes aware, or ought reasonably to have become aware, of the circumstance giving rise to the requirement to notify; or (b) within any longer period that the regulator determines if satisfied on application by the operator that there is a reasonable excuse for the delayed notification. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 537—Notification—proposed facilities (1) The operator of a proposed facility at which Schedule 15 chemicals are likely to be present in a quantity that exceeds 10% of their threshold quantity may notify the regulator of this circumstance. 1 See definition of proposed facility in regulation 5. 2 For the meaning of likely to be present, see regulation 532. (2) Any notification under this regulation must include the information required by regulation 538 (with any necessary changes). 538—Content of notification (1) A notification under regulation 536 must be made in the manner and form required by the regulator. (2) The notification must include the following: (a) information about the facility, including the nature of its operations; (b) information about the operator, including the matters specified in subregulation (3); (c) information about the Schedule 15 chemicals present or likely to be present at the facility; (d) the nomination of a contact person with whom the regulator can communicate for the purposes of— (i) this Part; and (ii) the licensing process; (e) any additional information required by the regulator. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (3) The information given under subregulation (2) must include the following: (a) the operator's name; (b) whether or not the operator is a body corporate; (c) any other evidence of the operator's identity required by the regulator; (d) if the operator is an individual— (i) a declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; and (iii) a declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and (iv) details of any enforceable undertaking declared under subparagraph (iii); and (v) if the operator has previously been refused a major hazard facility licence under a corresponding WHS law, a declaration giving details of that refusal; and (vi) if the operator has previously held a major hazard facility licence under a corresponding WHS law, a declaration— (B) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for a major hazard facility licence; and (C) giving details of any suspension, cancellation or disqualification; (e) if the operator is a body corporate, the information specified in paragraph (d) in relation to— (i) the operator; and (ii) each officer of the operator. (4) The notification must be accompanied by the relevant fee. 539—When regulator may conduct inquiry The regulator may conduct an inquiry under this Division if a notification under regulation 536 or 537 discloses, or if for some other reason the regulator reasonably suspects, that— (a) the quantity of Schedule 15 chemicals present or likely to be present at a facility (or proposed facility) exceeds 10% of their threshold quantity but does not exceed their threshold quantity; or (b) the operator of the facility (or proposed facility) may not be a suitable person to operate the facility (or proposed facility). 540—Inquiry procedure (1) This regulation sets out the procedure for an inquiry. (2) The regulator must give a written notice to the person referred to in subregulation (3)— (a) informing the person of the reasons for the inquiry; and (b) advising the person that the person may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the inquiry. (3) Notice under subregulation (2) must be given— (a) for an inquiry about a facility in relation to which a notification has been given under regulation 536 or 537—to the contact person identified in the notification; and (b) in any other case—to the operator of the facility. (4) The regulator must— (a) if the recipient of the notice has made a submission in relation to the inquiry—consider that submission; and (b) consult with interested persons including— (i) health and safety representatives at the facility; and (ii) the emergency service organisations that have responsibility for the area in which the facility is located; and (iii) any government department or agency with a regulatory role in relation to major hazard facilities; and (c) decide whether or not to make a determination under regulation 541 or 542; and (d) if it decides to make a determination under regulation 541 or 542—decide whether or not to make a determination in relation to the operator under regulation 543. 541—Determination in relation to facility, on inquiry (1) This regulation applies if an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility or proposed facility exceeds 10% of their threshold quantity, but does not exceed their threshold quantity. (2) The regulator may determine the facility or proposed facility to be a major hazard facility if the regulator considers that there is a potential for a major incident to occur at the facility or proposed facility having regard to all relevant matters, including— (a) the quantity and combination of Schedule 15 chemicals present or likely to be present at the facility; and (b) the type of activity at the facility that involves the Schedule 15 chemicals; and (c) land use and other activities in the surrounding area. 1 If an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility exceeds their threshold quantity, the facility is a major hazard facility. See definition of major hazard facility in regulation 5. 2 A determination that a facility is a major hazard facility, or that a proposed facility is not a major hazard facility, is a reviewable decision (see regulation 676). 542—Determination in relation to over-threshold facility (1) This regulation applies if a notification under regulation 536 or 537 discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility (or proposed facility) exceeds their threshold quantity. (2) The regulator must make a determination confirming the facility (or proposed facility) to be a major hazard facility. A determination that a facility is a major hazard facility is a reviewable decision (see regulation 676). 543—Suitability of facility operator (1) This regulation applies if the regulator determines a facility or a proposed facility to be a major hazard facility under regulation 541 or 542. (2) The regulator may determine that the operator of the major hazard facility or proposed major hazard facility is not a suitable person to operate the major hazard facility if the regulator— (a) has conducted an inquiry under regulation 540 into the suitability of the operator; and (b) is satisfied on reasonable grounds that the operator is not a suitable person to operate the major hazard facility or proposed major hazard facility. (3) If no determination is made under this regulation, the operator of the major hazard facility or proposed major hazard facility is taken to be a suitable person to operate the major hazard facility and to apply for a major hazard facility licence. A determination that a person is not a suitable operator is a reviewable decision (see regulation 676). 544—Conditions on determination of major hazard facility (1) The regulator may impose any conditions it considers appropriate on a determination made under regulation 541 or 542. (a) additional control measures that must be implemented in relation to the carrying out of work or activities at the determined major hazard facility; (b) the recording or keeping of additional information; (c) the provision of additional information, training and instruction or the provision of specified information, training and instruction to additional persons or classes of persons; (d) the provision of additional information to the regulator; (e) if the operator is a person conducting a business or undertaking, the additional class of persons who may carry out work or activities on the operator's behalf. (3) The operator of a determined major hazard facility, in relation to which conditions are imposed under this regulation, must ensure that the conditions are complied with. A decision to impose a condition on a determination is a reviewable decision (see regulation 676). 545—Notice and effect of determinations (1) If the regulator makes a determination under this Part, the regulator must give the operator of the determined major hazard facility a written notice of the determination, stating— (a) the reasons for the determination; and (b) the date on which the determination takes effect, which must be at least 28 days after the date of the notice; and (c) any conditions imposed on the determination under regulation 544. (2) The notice must be given within 14 days of the making of the determination. (3) The effect of a determination under regulation 543 is that— (a) the operator is not taken to be a suitable person to operate the determined major hazard facility; and (b) the exemption provided by regulation 535(3) does not apply to the determined major hazard facility. For the effect of a determination under regulation 541 or 542, see definition of determined major hazard facility in regulation 5. (4) A determination takes effect on the date specified in the notice. (5) A determination is of unlimited duration unless it is revoked. 546—When regulator may revoke a determination The regulator may revoke a determination under this Part if, after consultation with the major hazard facility's contact person or operator (as applicable), the regulator is satisfied that the reasons for the determination no longer apply. 547—Re-notification if quantity of Schedule 15 chemicals increases (1) This regulation applies to a facility or proposed facility— (a) at which the quantity of Schedule 15 chemicals present or likely to be present exceeds 10% of their threshold quantity but does not exceed their threshold quantity; and (b) in relation to which notification was given under regulation 536 or 537; and (c) in relation to which the regulator— (i) has not conducted an inquiry under this Division; or (ii) on conducting an inquiry, has not determined the facility or proposed facility to be a major hazard facility under regulation 541. (2) The operator of the facility or proposed facility must re‑notify the regulator in accordance with this Part if the quantity of Schedule 15 chemicals present or likely to be present at the facility or proposed facility increases, or is likely to increase, to a level that exceeds the level previously notified to the regulator. (3) The provisions of this Part apply, to the extent that they relate to a re‑notification under this regulation, as if the re‑notification were a notification under regulation 536. 548—Notification by new operator (1) This regulation applies— (a) in relation to a determined major hazard facility that is proposed to be operated by a new operator; (b) whether or not a determination under regulation 543 was made in relation to the current operator. (2) A proposed new operator of the determined major hazard facility must give the regulator a notification that contains the information specified in regulation 538(3) in relation to the proposed new operator. (3) The provisions of this Part apply, to the extent that they relate to the suitability of an operator, as if the notification under subregulation (2) were a notification under regulation 536. 549—Time in which major hazard facility licence must be applied for (1) Subject to this regulation, the operator of a determined major hazard facility must apply for a major hazard facility licence within 24 months after the determination of the facility. (2) The regulator may extend the time in which the operator of a determined major hazard facility must apply for a licence if satisfied, on application by the operator, that there has not been sufficient time to comply with Chapter 9 Part 3. The exemption from the requirement to be licensed is conditional on an application for a licence being made within the time specified by this regulation (see regulation 535(3) and (5)). Part 3—Duties of operators of determined major hazard facilities 1 The operator of a determined major hazard facility is required to comply with this Part for a specified period and to prepare a safety case in order to apply for a major hazard facility licence. 2 The Act and Chapter 7 of these regulations (Hazardous chemicals) continue to apply to a determined major hazard facility. Division 1—Application of Chapter 9 Part 3 550—Application of Chapter 9 Part 3 This Part ceases to apply to a determined major hazard facility at the end of the exemption period applying to that facility under regulation 535. Division 2—Safety case outline 551—Safety case outline must be provided The operator of a determined major hazard facility must provide the regulator with a safety case outline for the major hazard facility within 3 months after the facility is determined to be a major hazard facility. 552—Content A safety case outline provided under regulation 551 must include the following: (a) a written plan for the preparation of the safety case, including key steps and timelines, with reference being made to each element of the safety case; (b) a description of the methods to be used in preparing the safety case, including methods for ensuring that all the information contained in the safety case is accurate and up to date when the safety case is provided to the regulator; (c) details of the resources that will be applied to the preparation of the safety case, including the number of persons involved, their relevant knowledge and experience and sources of technical information; (d) a description of the consultation with workers that— (i) occurred in the preparation of the safety case outline; and (ii) will occur in the preparation of the safety case; (e) a draft of the emergency plan prepared or to be prepared under regulation 557 or, if the major hazard facility is also a mine, the emergency plan prepared under regulation 664; (f) a summary of any arrangements that are to be made in relation to the security of the major hazard facility. Arrangements for preventing unauthorised access to the major hazard facility. 553—Alteration (1) If the regulator is not satisfied that a safety case outline provided by the operator of a determined major hazard facility will lead to the development of a safety case that complies with regulation 561, the regulator may require the operator to alter the outline. (2) If the regulator proposes to require an operator to alter a safety case outline, the regulator must give the operator a written notice— (a) informing the operator of the proposed requirement and the reasons for it; and (b) advising the operator that the operator may make a submission to the regulator in relation to the proposed requirement; and (c) specifying the date (being not less than 28 days) by which the submission must be made. (3) The regulator must— (a) if the operator has made a submission in relation to the proposed requirement to alter a safety case outline—consider that submission; and (b) whether or not the operator has made a submission—decide whether or not to require the operator to alter the outline; and (c) within 14 days after deciding, give the operator written notice of the decision, including details of the alteration required and the reasons why it is required. (4) The operator must alter the outline as required. (5) The operator must give the regulator a copy of a safety case outline that has been altered— (a) under this regulation; or (b) by the operator on the operator's initiative. (6) The safety case outline as altered becomes the safety case outline for the major hazard facility. Division 3—Management of risk 554—Identification of major incidents and major incident hazards (1) The operator of a determined major hazard facility must identify— (a) all major incidents that could occur in the course of the operation of the major hazard facility; and (b) all major incident hazards for the major hazard facility, including major incident hazards relating to the security of the major hazard facility. (2) In complying with subregulation (1), the operator must have regard to any advice and recommendations given by— (a) the emergency service organisations with responsibility for the area in which the major hazard facility is located; and (b) any government department or agency with a regulatory role in relation to major hazard facilities. (3) The operator must document— (a) all identified major incidents and major incident hazards; and (b) the criteria and methods used in identifying the major incidents and major incident hazards; and (c) any external conditions under which the major incident hazards, including those relating to the security of the major hazard facility, might give rise to the major incidents. 555—Safety assessment (1) The operator of a determined major hazard facility must conduct a safety assessment in relation to the operation of the major hazard facility. (2) In order to provide the operator with a detailed understanding of all aspects of risks to health and safety associated with major incidents, a safety assessment must involve a comprehensive and systematic investigation and analysis of all aspects of risks to health and safety associated with all major incidents that could occur in the course of the operation of the major hazard facility, including the following: (a) the nature of each major incident and major incident hazard; (b) the likelihood of each major incident hazard causing a major incident; (c) in the event of a major incident occurring, its potential magnitude and the severity of its potential health and safety consequences; (d) the range of control measures considered; (e) the control measures the operator decides to implement. (3) In conducting a safety assessment, the operator must— (a) consider major incidents and major incident hazards cumulatively as well as individually; and (b) use assessment methods (whether quantitative or qualitative, or both), that are suitable for the major incidents and major incident hazards being considered. (4) The operator must document all aspects of the safety assessment, including— (a) the methods used in the investigation and analysis; and (b) the reasons for deciding which control measures to implement. (5) The operator must keep a copy of the safety assessment at the major hazard facility. 556—Control of risk (1) The operator of a determined major hazard facility must implement control measures that— (a) eliminate, so far as is reasonably practicable, the risk of a major incident occurring; or (b) if it is not reasonably practicable to eliminate that risk—minimise that risk so far as is reasonably practicable. (2) The operator of a determined major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on‑site and off‑site. 557—Emergency plan (1) The operator of a determined major hazard facility must prepare an emergency plan for the major hazard facility that— (a) addresses all health and safety consequences of a major incident occurring; and (b) includes all matters specified in Schedule 16; and (c) provides for testing of emergency procedures, including the frequency of testing. (2) In preparing an emergency plan, the operator must consult with— (a) the emergency service organisations with responsibility for the area in which the major hazard facility is located; and (b) in relation to the off‑site health and safety consequences of a major incident occurring—the local authority. (3) The operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subregulation (2) in relation to— (a) the testing of the emergency plan, including the manner 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 major hazard facility should be notified to the emergency service organisations. (4) The operator must have regard to any other recommendation or advice given by a person consulted under subregulation (2). (5) The operator must— (a) keep a copy of the plan at the major hazard facility; and (b) give a copy of the plan to— (i) the emergency service organisations consulted under subregulation (2); and (ii) any other relevant emergency service organisations. (6) The operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations consulted under subregulation (2) before applying for a licence for the major hazard facility. (7) The operator must immediately implement the emergency plan if— (a) a major incident occurs in the course of the operation of the major hazard facility; or (b) an event occurs that could reasonably be expected to lead to a major incident. (8) The operator must notify the emergency service organisations consulted under subregulation (2) of the occurrence of an incident or event referred to in subregulation (3)(b). (9) This regulation does not apply to the operator of a major hazard facility that is also a mine if— (a) the operator has prepared an emergency plan for the mine that complies with regulation 664; and (b) the plan addresses all matters required to be addressed under this regulation and includes all matters specified in Schedule 16. This regulation applies in addition to regulation 43. 558—Safety management system (1) The operator of a determined major hazard facility must establish a safety management system for the operation of the major hazard facility, in accordance with this regulation. (2) The operator of a determined major hazard facility must implement the safety management system for the major hazard facility, so far as is reasonably practicable. (3) The safety management system must— (a) provide a comprehensive and integrated system for the management of all aspects of risk control in relation to the occurrence and potential occurrence of major incidents at the major hazard facility; and (b) be designed to be used by the operator as the primary means of ensuring the safe operation of the major hazard facility. (4) The safety management system must— (a) be documented; and (b) state the operator's safety policy, including the operator's broad aims in relation to the safe operation of the major hazard facility; and (c) state the operator's specific safety objectives and describe the systems and procedures that will be used to achieve those objectives; and (d) include the matters specified in Schedule 17; and (e) be readily accessible to persons who use it. (5) This regulation does not apply to the operator of a major hazard facility that is also a mine if— (a) the operator has established a safety management system for the mine that complies with regulation 621; and (b) the system— (i) deals with all matters required to be addressed by a safety management system under this regulation and includes all matters specified in Schedule 17; and (ii) is readily accessible to persons who use it. 559—Review of risk management (1) The operator of a determined major hazard facility must review and as necessary revise the following, in accordance with this regulation: (a) the safety assessment conducted under regulation 555 in order to ensure the adequacy of the control measures to be implemented by the operator; (b) the major hazard facility's emergency plan (unless, in the case of a major hazard facility that is also a mine, the operator of the facility is not required to prepare an emergency plan for the facility under regulation 557 because the operator has prepared a suitable emergency plan under regulation 664); (c) the major hazard facility's safety management system (unless, in the case of a major hazard facility that is also a mine, the operator of the facility is not required to establish a safety management system for the facility under regulation 558 because the operator has established a suitable safety management system under regulation 661). (2) Without limiting subregulation (1), the operator must conduct a review and revision in the following circumstances: (a) a modification to the major hazard facility is proposed; (b) a control measure implemented under regulation 556 does not minimise the relevant risk so far as is reasonably practicable; An effectiveness test indicates a deficiency in the control measure. (c) a new major hazard risk is identified; (d) the results of consultation by the operator under Chapter 9 Part 5 indicate that a review is necessary; (e) a health and safety representative requests a review under subregulation (4); (f) the regulator requires the review. (3) In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in regulation 557(2). (4) A health and safety representative for workers at a major hazard facility may request a review if the representative reasonably believes that— (a) a circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and (b) the operator has not adequately conducted a review in response to the circumstance. (5) If a major hazard facility is also a mine and an emergency plan that complies with regulation 664 has been prepared in relation to the facility, the plan must be reviewed in accordance with regulation 670. (6) If a major hazard facility is also a mine and a safety management system that complies with regulation 621 has been established in relation to the facility, the system must be reviewed in accordance with regulation 625. Division 4—Safety case 560—Safety case must be provided The operator of a determined major hazard facility must provide the regulator with a completed safety case for the major hazard facility, that has been prepared in accordance with regulation 561, within 24 months after the facility was determined to be a major hazard facility. 561—Content (1) The operator must prepare the safety case in accordance with the safety case outline prepared or altered under this Division. (2) A safety case must contain the following: (a) a summary of the identification conducted under regulation 554, including a list of all major incidents identified; (b) a summary of the safety assessment conducted under regulation 555; (c) a summary of the major hazard facility's emergency plan; (d) a summary of the major hazard facility's safety management system; (e) a description of any arrangements made in relation to the security of the major hazard facility; (f) a description of the consultation with workers that took place under regulation 575 in the preparation of the safety case; (g) the additional matters specified in Schedule 18. (3) The safety case must include any further information that is necessary to ensure that all information contained in the safety case is accurate and up to date. (4) A safety case must demonstrate— (a) that the major hazard facility's safety management system will, once implemented, control risks arising from major incidents and major incident hazards; and (b) the adequacy of the measures to be implemented by the operator to control risks associated with the occurrence and potential occurrence of major incidents. (5) The operator must include in the safety case a signed statement that— (a) the information provided under subregulations (1) and (2) is accurate and up to date; and (b) as a consequence of conducting the safety assessment, the operator has a detailed understanding of all aspects of risk to health and safety associated with major incidents that may occur; and (c) the control measures to be implemented by the operator— (i) will eliminate the risk of a major incident occurring, so far as is reasonably practicable; and (ii) if it is not reasonably practicable to eliminate the risk of a major incident occurring—will minimise the risk so far as is reasonably practicable; and (iii) in the event of a major incident occurring—will minimise its magnitude and the severity of its health and safety consequences so far as is reasonably practicable; and (d) all persons to be involved in the implementation of the safety management system have the knowledge and skills necessary to enable them to carry out their role safely and competently. (6) If the operator is a body corporate, the safety case must be signed by the most senior executive officer of the body corporate who resides in this State. 562—Co-ordination for multiple facilities (1) The regulator may require the operators of 2 or more major hazard facilities to co‑ordinate the preparation of the safety cases for their major hazard facilities if the regulator is satisfied on reasonable grounds that such co‑ordination is necessary in the interests of the safe operation and effective safety management of any or all of those major hazard facilities. (2) If the regulator requires the co‑ordinated preparation of safety cases, each operator must provide the other operators with information concerning any circumstances at the operator's facility that could constitute a major incident hazard in relation to any of the other major hazard facilities. (3) In complying with this regulation, the operator is not required to disclose information that may expose the major hazard facility to a major incident hazard in relation to the security of the major hazard facility. 563—Review The operator of a determined major hazard facility must review and as necessary revise the major hazard facility's safety case after any review is conducted under regulation 559. The operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence (see regulation 588). Part 4—Licensed major hazard facilities—risk management This Part applies to a major hazard facility that is licensed under Chapter 9 Part 7. 564—Identification of major incidents and major incident hazards (1) The operator of a licensed major hazard facility must identify— (a) all major incidents that could occur in the course of the operation of the major hazard facility; and (b) all major incident hazards for the major hazard facility, including major incident hazards relating to the security of the major hazard facility. (2) In complying with subregulation (1), the operator must have regard to any advice and recommendations given by— (a) the emergency service organisations with responsibility for the area in which the major hazard facility is located; and (b) any government department or agency with a regulatory role in relation to major hazard facilities. (3) The operator must document— (a) all identified major incidents and major incident hazards; and (b) the criteria and methods used in identifying the major incidents and major incident hazards; and (c) any external conditions under which the major incident hazards, including those relating to the security of the major hazard facility, might give rise to the major incidents. (4) All major incidents and major incident hazards identified and documented under regulation 554 in relation to the major hazard facility are taken to have been identified and documented under this regulation. 565—Safety assessment The operator of a licensed major hazard facility must keep a copy of the safety assessment documented under regulation 555 as revised under Chapter 9 Part 3 and this Part at the facility. 566—Control of risk (1) The operator of a licensed major hazard facility must implement risk control measures that— (a) eliminate, so far as is reasonably practicable, the risk of a major incident occurring; or (b) if it is not reasonably practicable to eliminate that risk—minimise that risk so far as is reasonably practicable. (2) The operator of a licensed major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on‑site and off‑site. 567—Emergency plan (1) The operator of a licensed major hazard facility must keep a copy of the major hazard facility's emergency plan prepared under regulation 557 as revised under Chapter 9 Part 3 and this Part at the facility. (2) The operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations referred to in regulation 557(2). (3) The operator must immediately implement the emergency plan if— (a) a major incident occurs in the course of the operation of the major hazard facility; or (b) an event occurs that could reasonably be expected to lead to a major incident. (4) The operator must notify the regulator and the emergency service organisations referred to in regulation 557(2) of the occurrence of an incident or event referred to in regulation 557(3) as soon as practicable after the incident or event occurs. 568—Safety management system (1) The operator of a licensed major hazard facility must implement the major hazard facility's safety management system established under regulation 558 as revised under Chapter 9 Part 3 and this Part. (2) The operator must use the safety management system as the primary means of— (a) ensuring the health and safety of workers engaged or caused to be engaged by the operator and workers whose activities in carrying out work are influenced or directed by the operator while the workers are at work in the operation of the major hazard facility; and (b) ensuring that the health and safety of other persons is not put at risk from work carried out as part of the operation of the major hazard facility. The operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence (see regulation 588). 569—Review of risk management (1) The operator of a licensed major hazard facility must review and as necessary revise the following, in accordance with this regulation: (a) the safety assessment for the facility in order to ensure the adequacy of the control measures to be implemented by the operator; (b) the major hazard facility's emergency plan; (c) the major hazard facility's safety management system. (2) Without limiting subregulation (1), the operator must conduct a review and revision in the following circumstances: (a) a modification to the major hazard facility is proposed; (b) a control measure implemented under regulation 566 does not minimise the relevant risk so far as is reasonably practicable; An effectiveness test indicates a deficiency in the control measure. (c) a new major hazard risk is identified; (d) the results of consultation by the operator under Chapter 9 Part 5 indicate that a review is necessary; (e) a health and safety representative requests a review under subregulation (5); (f) the regulator requires the review; (g) at least once every 5 years. (3) In reviewing and revising the safety assessment, the operator must comply with the requirements set out in regulation 555(2), (3) and (4). (4) In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in regulation 557(2). (5) A health and safety representative for workers at a major hazard facility may request a review if the representative reasonably believes that— (a) a circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and (b) the operator has not adequately conducted a review in response to the circumstance. 570—Safety case—review The operator of a licensed major hazard facility must review and as necessary revise the safety case after any review is conducted under regulation 569. The operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence. See regulation 588. 571—Information for visitors The operator of a licensed major hazard facility must ensure that a person other than a worker who enters the major hazard facility is as soon as practicable— (a) informed about hazards at the major hazard facility that may affect that person; and (b) instructed in safety precautions the person should take; and (c) instructed in the actions the person should take if the emergency plan is implemented while the person is on‑site. 572—Information for local community—general (1) The operator of a licensed major hazard facility must ensure the provision of the following information to the local community and the local authority: (a) the name and location of the major hazard facility; (b) the name, position and contact details of a contact person from whom information may be obtained; (c) a general description of the major hazard facility's operations; (d) the means by which the local community will be informed of a major incident occurring; (e) the actions, as specified in the major hazard facility's emergency plan, that members of the local community should take if a major incident occurs; (f) a summary of the safety case for the major hazard facility. (2) The operator must ensure that the information provided under subregulation (1) is— (a) set out and expressed in a way that is readily accessible and understandable to persons who are not familiar with the major hazard facility and its operations; and (b) reviewed and as necessary revised if a modification is made to the major hazard facility; and (c) sent in writing to any community or public library serving the local community. (3) In complying with subregulation (1), the operator is not required to disclose information that may expose the major hazard facility to a major incident hazard in relation to the security of the major hazard facility. (4) The operator of a licensed major hazard facility who receives a written request from a person who reasonably believes that the occurrence of a major incident at the major hazard facility may adversely affect his or her health or safety must give that person a copy of the information provided to the local community under this regulation. 573—Information for local community—major incident (1) As soon as practicable after a major incident occurs, the operator of the major hazard facility must take all reasonable steps to provide the persons specified in subregulation (2) with information about the major incident, including— (a) a general description of the major incident; and (b) a description of the actions the operator has taken and proposes to take to prevent any recurrence of the major incident or the occurrence of a similar major incident; and (c) recommended actions that the local authority and members of the local community should take to eliminate or minimise risks to health and safety. (2) The persons to whom information about a major incident must be given are— (a) the local community, if a member of the local community was affected by the major incident; and (b) the local authority; and (c) any government department or agency with a regulatory role in relation to major hazard facilities. Part 5—Consultation and workers' safety role 574—Safety role for workers (1) The operator of a determined major hazard facility must, within the time specified in the safety case outline for the major hazard facility, implement a safety role for the workers at the major hazard facility that enables them to contribute to— (a) the identification of major incidents and major incident hazards under regulation 554; and (b) the consideration of control measures in the conduct of the safety assessment under regulation 555; and (c) the conduct of a review under regulation 559. (2) The operator of a licensed major hazard facility must implement a safety role for workers at the facility so as to enable them to contribute to the conduct of a review under regulation 569. 575—Operator of major hazard facility must consult with workers (1) For the purposes of section 49(f) of the Act, the operator of a determined major hazard facility must consult with workers at the major hazard facility in relation to the following: (a) the preparation of the safety case outline for the major hazard facility; (b) the preparation, testing and implementation of the major hazard facility's emergency plan; (c) the establishment and implementation of the major hazard facility's safety management system; (d) the conduct of a review under regulation 559; (e) the implementation of the workers' safety role under regulation 574(1); (f) the preparation and review of the major hazard facility's safety case. (2) For the purposes of section 49(f) of the Act, the operator of a licensed major hazard facility must consult with workers at the major hazard facility in relation to the following: (a) the testing and implementation of the major hazard facility's emergency plan; (b) the implementation of the major hazard facility's safety management system; (c) the conduct of a review under regulation 569; (d) the implementation of the workers' safety role under regulation 574(2); (e) a review of the major hazard facility's safety case. See section 49 of the Act for other consultation duties of a person conducting a business or undertaking. Part 6—Duties of workers at licensed major hazard facilities 576—Duties (1) While at work, a worker at a licensed major hazard facility must— (a) comply with any procedure imposed by the operator as a control measure in relation to major incidents, including the taking of corrective action under the procedure; and (b) comply with any procedure in the emergency plan, including the taking of corrective action under the plan; and (c) immediately inform the operator about any circumstance that the worker believes may cause a major incident; and (d) inform his or her supervisor about any corrective action taken by the worker. Maximum penalty: $3 600. (2) A worker is not required to comply with subregulation (1) if to do so would risk the health or safety of the worker or of another worker or other person. Part 7—Licensing of major hazard facilities Division 1—Licensing process 577—Who may apply for a licence Only an operator of a determined major hazard facility who is taken to be a suitable operator under regulation 543 may apply for a major hazard facility licence for that facility. 578—Application for major hazard facility licence (1) An application for a major hazard facility licence must be made in the manner and form required by the regulator. (a) the operator's name; (b) whether or not the operator is a body corporate; (c) if the operator conducts the business or undertaking under a business name, that business name and a certificate or other written evidence of the registration of the business name; (d) any other evidence of the operator's identity required by the regulator; (e) the safety case prepared under Division 4 of Chapter 9 Part 3; (f) if the operator is an individual— (i) a declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act or these regulations or under any corresponding WHS law; and (iii) a declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and (iv) details of any enforceable undertaking declared under subparagraph (iii); and (v) if the operator has previously been refused a major hazard facility licence under a corresponding WHS law, a declaration giving details of that refusal; and (vi) if the operator has previously held a major hazard facility licence under the Act or these regulations or under a corresponding WHS law, a declaration— (B) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for a major hazard facility licence; and (C) giving details of any suspension, cancellation or disqualification; and (vii) any additional information required by the regulator; (g) if the operator is a body corporate, the information referred to in paragraph (f) in relation to— (i) the operator; and (ii) each officer of the operator. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 579—Additional information (1) If an application for a major hazard facility licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the operator to provide additional information. (a) specify the date (not being less than 28 days after the request) by which the additional information is to be given; and (3) If an operator does not provide the additional information by the date specified, the application is to be taken to have been withdrawn. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 580—Decision on application (1) Subject to this regulation, the regulator must grant a major hazard facility licence if satisfied about the matters referred to in subregulation (2). (b) the safety case for the facility has been prepared in accordance with Division 3 of Chapter 9 Part 3; (c) the operator is able to operate the major hazard facility safely and competently; (d) the operator is able to comply with any conditions that will apply to the licence. (3) The regulator may refuse to grant a major hazard facility licence if it becomes aware of circumstances that satisfy it that the following persons are not suitable persons to exercise management or control over the major hazard facility: (a) if the operator is an individual—the operator; (b) if the operator is a body corporate—any officer of the body corporate. (4) The regulator must refuse to grant a major hazard facility licence if satisfied that the operator, in making the application, has— (5) If the regulator decides to grant the licence, it must notify the operator within 14 days after making the decision. (6) If the regulator does not make a decision within 6 months after receiving the application or the additional information requested under regulation 579, the regulator is taken to have refused to grant the licence applied for. A refusal to grant a major hazard facility licence (including under subregulation (6)) is a reviewable decision (see regulation 676). 581—Matters to be taken into account (1) For the purposes of regulation 580(3), if the operator is an individual, the regulator must have regard to all relevant matters, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law of which the operator has been convicted or found guilty; (b) any enforceable undertaking the operator has entered into under the Act or under a corresponding WHS law; (c) in relation to a major hazard facility licence applied for or held by the operator under the Act or these regulations or under a corresponding WHS law— (ii) any condition imposed on the licence, if granted, and the reason the condition was imposed; and (iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence; (d) the operator's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law; (e) any advice or recommendations received from any agency of the Crown with responsibility in relation to national security. (2) For the purposes of regulation 580(3), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to— 582—When decision is to be made The regulator must make a decision in relation to an application for a major hazard facility licence within 6 months after receiving the application or the additional information requested under regulation 579. 583—Refusal to grant major hazard facility licence—process (1) If the regulator proposes to refuse to grant a major hazard facility licence, the regulator must give a written notice to the operator— (a) informing the operator of the reasons for the proposed refusal; and (b) advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal. (a) if the operator has made a submission in relation to the proposed refusal to grant the licence—consider that submission; and (b) whether or not the operator has made a submission—decide whether to grant or refuse to grant the licence; and (c) within 14 days after making the decision, give the operator written notice of the decision, including the reasons for the decision. 584—Conditions of licence (1) The regulator may impose any conditions it considers appropriate on a major hazard facility licence. (2) Without limiting subregulation (1), the regulator may impose conditions in relation to 1 or more of the following matters: (a) additional control measures which must be implemented in relation to the carrying out of work or activities under the licence; (b) the recording or keeping of additional information; (c) the provision of additional information, training and instruction or the giving of specified information, training and instruction to additional persons or classes of persons; (d) the provision of additional information to the regulator; (e) if the operator is a person conducting a business or undertaking, the additional class of persons who may carry out work or activities on the operator's behalf. 1 A person must comply with the conditions of a licence (see section 45 of the Act). 585—Duration of licence Subject to this Part, a major hazard facility licence takes effect on the day it is granted and, unless cancelled earlier, expires on the day determined by the regulator, which must be not more than 5 years after the day the licence was granted. 585A—Annual fee The operator of a major hazard facility must, in each year, on or before the anniversary of the date on which the licence for the facility was granted, pay to the regulator the relevant fee. 586—Licence document (1) If the regulator grants a major hazard facility licence, the regulator must issue to the operator a licence document in the form determined by the regulator. (a) the name of the operator; (b) if the operator conducts the business or undertaking under a business name—that business name; (c) the location of the major hazard facility; (d) any conditions imposed on the licence by the regulator; (e) the date on which the licence was granted; (f) the expiry date of the licence. 587—Licence document to be available (1) The operator of the major hazard facility must keep the licence document available for inspection under the Act. (2) Subregulation (1) does not apply if the licence document is not in the operator's possession because— (a) it has been returned to the regulator under regulation 593; and (b) the operator has applied for, but has not received, a replacement licence under regulation 594. Division 2—Amendment of licence and licence document 588—Changes to information (1) The operator of a licensed major hazard facility must give the regulator written notice of any change to any material particular in any information given at any time by the operator to the regulator in relation to the licence within 14 days after the operator becomes aware of the change. A change to the quantity of the hazardous chemicals present or likely to be present at the facility. (2) Subregulation (1) applies whether the information was given in the application for grant or renewal of the licence or in any other circumstance. 589—Amendment imposed by regulator (1) The regulator may, on its own initiative, amend a major hazard facility licence, including amending the licence to— (a) vary or delete a condition of the licence; or (b) impose a new condition on the licence. (2) If the regulator proposes to amend a licence, the regulator must give the operator a written notice— (a) setting out the proposed amendments and the reasons for it; and (b) advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment. (a) if the operator has made a submission in relation to the proposed amendment—consider that submission; and (b) whether or not the operator has made a submission—decide— (iii) to make a different amendment that results from consideration of any submission made by the operator; and (c) within 14 days after making that decision, give the operator written notice that— (i) sets out the amendment, if any; and (ii) if a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and (iii) specifies the date (being not less than 28 days after the operator is given the notice) on which the amendment, if any, takes effect. A decision to amend a licence is a reviewable decision (see regulation 676). 590—Amendment on application by operator (1) The regulator, on application by the operator of a licensed major hazard facility, may amend the major hazard facility licence, including by amending the licence to vary or delete a condition of the licence. (2) If the regulator proposes to refuse to amend the licence, the regulator must give the operator a written notice— (a) informing the operator of the proposed refusal to amend the licence and the reasons for the proposed refusal; and (b) advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal. (a) if the operator has made a submission in relation to the proposed refusal—consider that submission; and (b) whether or not the operator has made a submission—decide— (iii) to make a different amendment that results from consideration of any submission made by the operator; and (c) within 14 days after making that decision, give the operator written notice of the decision in accordance with this regulation. (4) If the regulator makes the amendment applied for, the notice under subregulation (3)(c) must specify the date (not being less than 28 days after the operator is given the decision notice) on which the amendment takes effect. (5) If the regulator refuses to make the amendment applied for or makes a different amendment, the notice under subregulation (3)(c) must— (a) if a submission was made in relation to the proposed refusal of the amendment applied for—set out the reasons for the regulator's decision; and (ii) specify the date (being not less than 28 days after the operator is given the decision notice) on which the amendment takes effect. A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see regulation 676). 591—Minor corrections to major hazard facility licence The regulator may make minor amendments to a major hazard facility licence, including an amendment— (c) that does not impose a significant burden on the operator. 592—Regulator to give amended licence document to operator If the regulator amends a major hazard facility licence and considers that the licence document requires amendment, the regulator must give the operator an amended licence document within 14 days after making the decision to amend the licence. 593—Operator to return licence If a major hazard facility licence is amended, the operator of the licensed major hazard facility must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request. 594—Replacement licence document (1) The operator of a licensed major hazard facility must give written notice to the regulator as soon as practicable if the licence document is lost, stolen or destroyed. (2) If a licence document for a licensed major hazard facility is lost, stolen or destroyed, the operator may apply to the regulator for a replacement document. An operator is required to keep the licence document available for inspection (see regulation 587). See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (5) The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed. (6) If the regulator refuses to issue a replacement licence document, it must give the operator written notice of this decision, including the reasons for the decision, within 14 days after making the decision. A refusal to issue a replacement licence document is a reviewable decision (see regulation 676). Division 3—Renewal of major hazard facility licence 595—Regulator may renew licence The regulator may renew a major hazard facility licence on application by the operator. 596—Application for renewal (1) An application for renewal of a major hazard facility licence must be made in the manner and form required by the regulator. (2) The application must include a copy of the safety case for the major hazard facility as revised under regulation 570. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. (4) The application must be made not less than 6 months before the licence to be renewed expires. 597—Licence continues in force until application is decided If the operator of a licensed major hazard facility applies under regulation 596 for the renewal of a major hazard facility licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the operator is given notice of the decision on the application. 598—Provisions relating to renewal of licence For the purposes of this Division— (a) regulation 579 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and (b) regulations 580 (except subregulation (6)), 581, 584 and 585 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and (c) regulation 583 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence. A refusal to renew a licence is a reviewable decision (see regulation 676). 599—Status of major hazard facility licence during review (1) This regulation applies if the regulator gives the operator written notice of its decision to refuse to renew the licence. (2) If the operator does not apply for an external review, the licence continues to have effect until the last of the following events: (b) the end of the period for applying for an external review. (3) If the operator applies for an external review, the licence continues to have effect until the earlier of the following events: (a) the operator withdraws the application for review; (4) The licence continues to have effect under this regulation even if its expiry date passes. Division 4—Transfer of major hazard facility licence 600—Transfer of major hazard facility licence (1) The regulator, on the application of the operator of a major hazard facility, may transfer a major hazard facility licence to another person who is to become the operator of the major hazard facility, if satisfied that the proposed operator will achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard that the current operator has achieved. (2) An application must be— (a) made in the manner and form required by the regulator; and (b) accompanied by the relevant fee. (3) The regulator may transfer the licence subject to any conditions that the regulator considers necessary and appropriate to ensure that the new operator will be able to achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard achieved by the existing operator. (4) On the completion of the transfer, the person to whom the licence is transferred becomes the operator of the major hazard facility for the purposes of this Chapter. 1 A decision to refuse to transfer a major hazard facility licence is a reviewable decision (see regulation 676). 2 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. Division 5—Suspension and cancellation of major hazard facility licence 601—Cancellation of major hazard facility licence—on operator's application (1) The operator of a licensed major hazard facility may apply to the regulator to cancel the licence. (2) An application must be— (a) made in the manner and form required by the regulator; and (b) accompanied by the relevant fee. (3) The regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence. (4) The regulator must cancel a major hazard facility licence if— (a) the quantity of Schedule 15 chemicals present or likely to be present at the facility does not exceed their threshold quantity; and (b) it is unlikely that a major incident will occur at the facility. (5) If the regulator, under this regulation, cancels the licence of a facility that was determined to be a major hazard facility under Chapter 9 Part 2, the regulator must revoke the determination. 1 A decision to refuse to cancel a licence is a reviewable decision (see regulation 676). 2 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations. 602—Suspension or cancellation of licence—on regulator's initiative (1) The regulator, on its own initiative, may suspend or cancel a major hazard facility licence if satisfied about 1 or more of the following: (a) the operator has failed to ensure that the facility is operated safely and competently; (b) the operator has failed to ensure compliance with a condition of the licence; (c) the operator, in the application for the grant or renewal of the licence or on request by the regulator for additional information— (ii) failed to give any material information that should have been given in that application or on that request; or (d) the operator has failed to pay the annual fee payable under regulation 585A as required by that regulation. (2) If the regulator suspends or cancels a major hazard facility licence, the regulator may disqualify the operator from applying for a further major hazard facility licence. A decision to suspend a licence, to cancel a licence or to disqualify the operator from applying for a further licence is a reviewable decision (see regulation 676). 603—Matters to be taken into account (1) In making a decision under regulation 602, the regulator must have regard to the following: (a) any submissions made by the operator under regulation 604; (b) any advice received from a corresponding regulator; (c) any advice or recommendations received from any agency of the Crown with responsibility in relation to national security. (2) For the purposes of regulation 602(1)(a) and (b), the regulator must have regard to any relevant matter, including the following: (a) any offence under the Act or these regulations or under a corresponding WHS law, of which the operator has been convicted or found guilty; (b) any enforceable undertaking that has been entered into by the operator under this Act or a corresponding WHS law; (c) in relation to a major hazard facility licence applied for or held by the operator under the Act or these regulations or under a corresponding WHS law— (ii) any condition imposed on the licence, if granted, and the reason the condition was imposed; and (iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence; (d) the operator's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law. 604—Notice to and submissions by operator Before suspending or cancelling a major hazard facility licence, the regulator must give the operator a written notice of the proposed suspension or cancellation or disqualification— (b) advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice) make a submission in relation to the proposed suspension or cancellation and any proposed disqualification. 605—Notice of decision (1) The regulator must give the operator of a major hazard facility written notice of a decision under regulation 602 to suspend or cancel the major hazard facility licence within 14 days after making the decision. (iii) whether or not the operator is required to take any action before the suspension ends; and (iv) whether or not the operator is disqualified from applying for a further major hazard facility licence during the suspension; and (iii) whether or not the operator is disqualified from applying for a further major hazard facility licence; and (d) if the operator is disqualified from applying for a further major hazard facility licence, state— (iii) whether or not the operator is required to take any action before the disqualification ends; and 606—Immediate suspension (1) The regulator may suspend a major hazard facility licence on a ground referred to in regulation 602 without giving notice under regulation 604 if satisfied that— (a) a person may be exposed to an imminent serious risk to his or her health or safety if the work carried out under the major hazard facility licence were not suspended; or (b) a corresponding regulator has suspended a major hazard facility licence held by the operator under this regulation as applying in the corresponding jurisdiction. (a) the regulator must give the operator of the major hazard facility written notice of the suspension and the reasons for the suspension; and (a) give notice under regulation 604 within 14 days after giving the notice under subregulation (2); and (b) make its decision under regulation 602. (5) If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 602. 607—Operator to return licence document An operator, on receiving a notice under regulation 605, must return the licence document to the regulator in accordance with the notice. 608—Regulator to return licence document after suspension The regulator must return the licence document to the operator within 14 days after the suspension ends. Chapter 10—Mines 609—Meaning of mine (1) In this Chapter, a mine— (a) is a place that is— (i) a workplace at which mining operations are carried out; or (ii) a tourist mine; and (b) includes any fixtures, fittings, plant or structures at the place that are used or were formerly used for mining operations. (2) In this Chapter, a tourist mine means a workplace— (a) used only for tourism purposes but at which mining operations were formerly carried out; and (b) at which there is a principal mining hazard that was present at the workplace when the mining operations were carried out. (3) In this Chapter, an underground mine means that part of a mine that is beneath the surface of the earth and includes plant and structures that extend continuously from the surface into that part of the mine. (4) In this Chapter, underground mine does not include a part of a mine in which highwall mining is being carried out. (5) In subregulation (4), highwall mining means the underground extraction of coal carried out— (a) by remotely controlled plant that drives the extraction from a place in an open cut mine; and (b) without requiring any person to be present at any part of the extraction. 610—Meaning of mining operations (1) In this Chapter, mining operations are— (a) activities (mining activities) carried out for the purpose of— (i) extracting minerals from the ground or injecting minerals into the ground; or (ii) exploring for minerals by mechanical means that disturb the ground; and (b) activities carried out in connection with mining activities at a site, or at a site adjoining or in the vicinity of a site, at which the mining activities are carried out. (2) Without limiting subregulation (1), the activities referred to in that subregulation include the following: (a) handling or storing extracted materials; (b) preparing or processing extracted materials; (c) constructing— (i) a site where a mining activity is carried out; or (ii) a site where an activity referred to in subregulation (1)(b) is carried out; (d) activities associated with decommissioning, making safe or closure of an extraction site or exploration site; (e) educational activities and tourist activities carried out at a site, or at a site adjoining or in the vicinity of a site, at which the mining activities are carried out. (3) In this Chapter, mining operations do not include the following: (a) an activity carried out in relation to the extraction of minerals on private land for the private and non‑commercial use of the owner of the land; (b) fossicking; (c) any activity where the extraction of minerals is incidental to the activity. Civil works such as tunnelling to create a road. 611—Meaning of mineral In this Chapter, mineral— (a) means— (i) a naturally occurring element or inorganic compound; or (ii) coal, lignite, peat or oil shale; or (iii) rock, stone, gravel or sand; and (b) does not include— (i) water; or (ii) petroleum or any other substance, the recovery or production of which is governed by the Petroleum and Geothermal Energy Act 2000. 612—Meaning of principal mining hazard (1) In this Chapter, a principal mining hazard is any activity, process, procedure, plant, structure, substance, situation or other circumstance relating to the carrying out of mining operations that has a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents, in relation to any of the following: (a) ground or strata failure; (b) inundation or inrush of any substance; (c) mine shafts and winding operations; (d) roads or other vehicle operating areas; (e) air quality or dust or other airborne contaminants; (f) fire or explosion; (g) gas outbursts; (h) spontaneous combustion; (i) a hazard identified by the mine operator of a mine under regulation 34. (2) In this Chapter, a principal mining hazard at a mine that is a facility for the purposes of Chapter 9 does not include a major incident hazard. 613—Meaning of mine operator (1) In this Chapter, the mine operator of a mine is the mine holder of the mine, unless the mine holder appoints another person to be the mine operator. (2) The mine holder of a mine may appoint a person to be the mine operator only if— (a) the person is conducting a business or undertaking and is appointed in accordance with regulation 615 to carry out mining operations at the mine on behalf of the mine holder; and (b) the mine holder authorises the person to have management or control of the mine and to discharge the duties of a mine operator under the Act. (3) To avoid doubt, a reference in these regulations to a person conducting a business or undertaking at a mine includes a reference to the mine operator of the mine. 1 See section 5 of the Act for the meaning of person conducting a business or undertaking. 2 The mine operator may also have duties under sections 19, 20 and 21 of the Act. 614—Meaning of mine holder (1) In this Chapter, the mine holder of a mine is the person who is conducting a business or undertaking with control over a right or entitlement to carry out mining operations at the mine. (2) Without limiting subregulation (1), a person is conducting a business or undertaking with control over a right or entitlement to carry out mining operations if— (a) a mining authorisation is required for carrying out those operations; and (b) the person holds the required mining authorisation. (3) To avoid doubt, a reference in these regulations to a person conducting a business or undertaking at a mine includes a reference to the mine holder of the mine. (4) In subregulation (2)— mining authorisation means— (a) a lease, claim, tenement, licence, permit or other authority authorising the carrying out of mining operations issued under the Mining Act 1971, the Opal Mining Act 1995 or another Act; or (b) a Special Tenement under the Roxby Downs (Indenture Ratification) Act 1982. 1 See section 5 of the Act for the meaning of person conducting a business or undertaking. 2 The mine holder may also have duties under section 20 of the Act as the person with management or control of the mine. 614A—Application of Chapter 9 (1) Chapter 9 (Major hazard facilities) applies in relation to a mine. (2) In this Chapter— major incident has the same meaning as in Chapter 9. 615—Appointment of mine operator (1) An appointment of a person to be the mine operator of a mine must— (b) be made in the manner and form required by the regulator; and (c) include a signed statement that the person to be appointed as mine operator agrees to the appointment; and (d) specify— (i) the name and contact details of the mine operator, including postal and business addresses; and (ii) when the appointment takes effect; and (e) describe the location of the mine, including— (i) the boundaries of all extraction and exploration sites; and (ii) land title identification. (2) The mine holder must give the mine operator all relevant information held by or under the control of the mine holder that may reasonably be required by the mine operator to discharge the duties imposed on the mine operator under the Act. A mine survey plan prepared under regulation 675S. (3) The mine operator of a mine who ceases or intends to cease being the mine operator must ensure, so far as is reasonably practicable, that all records the mine operator has kept under the Act are given to the mine holder for the mine, or the person who is to become the new mine operator, before the new mine operator commences in that role. A mine record kept under regulation 675Y. The new mine operator will be required to keep the records for at least the remainder of the period that the Act or these regulations require the record to be kept. 615A—Duty to appoint mine manager (1) If— (a) mining operations are carried out at a mine; and (b) a person competent to be a mine manager in relation to the mine has not been appointed as mine manager for the mine, the mine operator is guilty of an offence. (a) in the case of an individual—$432; (b) in the case of a body corporate—$2 160. (2) Subregulation (1) does not apply in respect of mining operations carried out at a tourist mine, an exploration site or a precious stones field under the Opal Mining Act 1995. (3) For the purposes of subregulation (1), a mine operator who is competent to be a mine manager in relation to the mine may be appointed as mine manager for the mine. (4) A mine operator must not, unless permitted to do so in accordance with a determination by the regulator under subregulation (5)(b), appoint a mine manager in relation to a mine if the mine manager is also a mine manager in relation to another mine. (a) in the case of an individual—$432; (b) in the case of a body corporate—$2 160. (5) The regulator may, by notice in the Gazette— (a) determine requirements that must be satisfied by a person before they will be considered competent to be a mine manager in relation to a mine; and (b) determine that a mine operator is exempt from the prohibition in subregulation (4) in respect of a mine or mines specified in the notice. (6) A determination under subregulation (5) may be varied or revoked by subsequent notice in the Gazette. (7) A determination under subregulation (5)(a) may vary in its application to different mines, having regard to the number of workers and the type of operations carried out at a mine. (8) A mine operator must ensure that a record of— (a) the appointment of each mine manager in relation to a mine; and (b) any information provided to the mine operator by a mine manager in satisfaction of the requirements set out in subregulation (9), is kept for the duration of the person's appointment as mine manager and for at least 2 years after the person ceases to be a mine manager in relation to the mine. (a) in the case of an individual—$144; (b) in the case of a body corporate—$720. (9) A person is competent to be a mine manager in relation to a mine for the purposes of this regulation if the person has satisfied the mine operator— (a) that the person— (i) has the relevant training, qualifications, experience, knowledge and skills to manage and supervise the mining operations carried out at the mine; and (ii) has knowledge of the requirements of the Act and these regulations (particularly this Chapter); and (iii) is capable of managing hazards at the mine; and (b) in relation to an underground mine with 20 or more workers—that the person— (i) holds a degree or diploma in mining engineering from a university or tertiary institution in Australia, or an equivalent institution as determined by the regulator; and (ii) satisfies the requirements of subregulation (10); and (c) that the person has met the requirements specified by the regulator in any applicable determination made under subregulation (5)(a). (10) A person satisfies the requirements of this subregulation if— (a) the person has at least 5 years' experience working at a mine; and (b) at least 3 of those years were spent working at an underground mine during which the person had— (i) 2 years' underground mining operational experience; and (ii) experience supervising underground mining operations. 616—Notification of mine operator to regulator (1) The mine holder of a mine must give notice to the regulator in accordance with this regulation. (2) If the mine holder of a mine is the mine operator, the mine holder must give the regulator notice of this fact before mining operations commence at the mine. (3) If the mine holder of a mine is not the mine operator, the mine holder must give the regulator notice of the appointment of the mine operator of the mine. (4) A notice under subregulation (2) or (3) must— (b) be made in the manner and form required by the regulator; and (c) describe the location of the mine, including— (i) the boundaries of all extraction and exploration sites; and (ii) land title identification. (5) A notice under subregulation (3) must be accompanied by a copy of the appointment document. (6) The mine holder must give written notice to the regulator of any change to the appointment of a mine operator or any termination of the appointment. (7) The mine holder must take all reasonable steps to ensure that a notice under subregulation (3) or (6) is given before the appointment or the change or termination takes effect. Part 2—Managing Risks Division 1—General requirements Subdivision 1—Control of risk 617—Managing risks to health and safety (1) A person conducting a business or undertaking at a mine must manage risks to health and safety associated with mining operations at the mine, in accordance with Chapter 3 Part 1. WHS Act—sections 19, 20 and 21, as applicable (see regulation 9). (2) A person conducting a business or undertaking at a mine must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1). (3) In conducting a risk assessment, the person must have regard to— (a) the nature of the hazard; and (b) the likelihood of the hazard affecting the health or safety of a person; and (c) the severity of the potential health and safety consequences. (4) Nothing in subregulation (3) limits the operation of any other requirement to conduct a risk assessment under these regulations. A number of specific risk control duties are linked to this regulation. See regulations 631, 635, 640, 641 and 646. 618—Review of control measures (1) A person conducting a business or undertaking at a mine must review and as necessary revise control measures implemented under regulation 617 in the following circumstances: (a) an audit of the effectiveness of the safety management system for the mine indicates a deficiency in a control measure; (b) a worker is moved from a hazard or assigned to different work in response to a recommendation contained in a health monitoring report provided under Part 3; (c) an incident referred to in regulation 675V occurs. (1) WHS Act—sections 19, 20 and 21, as applicable (see regulation 9). (2) This requirement is in addition to the requirement under regulation 38 (see regulation 33). (3) This regulation applies to a mine operator (see regulation 613(3)). (2) The mine operator of a mine must ensure that a control measure that is the subject of a request by a health and safety representative under regulation 38(4) is reviewed and as necessary revised, whether the request is made directly to the mine operator or notified to the mine operator under subregulation (3) by another person conducting a business or undertaking at the mine. (1) WHS Act—sections 19, 20 and 21, as applicable (see regulation 9). (2) This requirement is in addition to the requirement under regulation 38 (see regulation 33). (3) A person conducting a business or undertaking at the mine who is not the mine operator of the mine must immediately notify the mine operator of a request made to the person under regulation 38(4). (4) A health and safety representative for workers at the mine may request a review of a control measure under regulation 38(4) as if the circumstances referred to in subregulation (1) were included in regulation 38(4)(a). 619—Record of certain reviews of control measures—mine operator (1) This regulation applies to a mine operator at a mine who has, under regulation 38, reviewed a control measure in response to— (a) a notifiable incident; or (b) an incident referred to in regulation 675V. (2) The mine operator at a mine must keep a record of the following: (a) the work health and safety issues arising from the incident; (b) recommendations arising from consideration of the incident; (c) a summary of any changes to the safety management system for the mine and any affected principal mining hazard management plan for the mine. 620—Record of certain reviews of control measures—other persons conducting a business or undertaking (1) This regulation applies to a person conducting a business or undertaking at a mine, other than the mine operator, who has, under regulation 38, reviewed a control measure in response to a notifiable incident. (2) A person conducting a business or undertaking at a mine must keep a record of the following: (a) the work health and safety issues arising from the incident; (b) recommendations arising from consideration of the incident. Subdivision 2—Safety management system 621—Duty to establish and implement safety management system (1) The mine operator of a mine must establish a safety management system for the mine, in accordance with this Subdivision. (2) The mine operator must implement the safety management system for the mine, so far as is reasonably practicable. (3) The safety management system must form part of any overall management system that is in place at the mine. (4) The safety management system must be designed to be used by the mine operator as the primary means of ensuring, so far as is reasonably practicable— (a) the health and safety of workers at the mine; and (b) that the health and safety of other persons is not put at risk from the mine or work carried out as part of mining operations. (5) Subject to subregulation (6), the safety management system must provide a comprehensive and integrated system for the management of all aspects of risks to health and safety in relation to the operation of the mine. (6) The safety management system must comply with subregulation (5) to the extent appropriate to the mine having regard to— (7) The safety management system must be documented. (8) The mine operator of a mine that is also a determined major hazard facility is not required to establish a safety management system under regulation 558 for the operation of the major hazard facility if— (a) the mine operator has established a safety management system for the facility for the purposes of this regulation; and (b) the system deals with all matters required to be addressed by a safety management system under regulation 558 and includes all matters specified in Schedule 17; and (c) the system is readily accessible to persons who use it. 622—Content of safety management system (1) The safety management system document for a mine must set out the following: (a) the mine operator's health and safety policy, including broad aims in relation to the safe operation of the mine; (b) the arrangements for managing risks in accordance with regulation 617; This includes all control measures implemented in accordance with specific requirements under this Chapter (see regulation 33). (c) the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with mining operations at the mine, including— (i) the principal mining hazard management plans for the mine prepared under Division 2; and (ii) in the case of an underground mine—the ventilation control plan and ventilation plan prepared for the mine under Division 4 Subdivision 2; (d) the management structure for the management of work health and safety at the mine, including— (i) arrangements for filling temporary and permanent vacancies; and (ii) requirements relating to acting positions in the structure; and (iii) the competency requirements for positions in the structure; (e) the arrangements in place, between any persons conducting a business or undertaking at the mine, for consultation, co‑operation and the co‑ordination of activities in relation to compliance with their duties under the Act; (f) if a contractor is working or likely to work at the mine—the control measures that will be used to control risks to health and safety associated with the contractor's work at the mine, including— (i) how the contractor's work management system will be integrated with the safety management system for the mine; and (ii) the process for assessing health and safety policies and procedures (including competency requirements) of the contractor and integrating them into the safety management system; and (iii) the arrangements for monitoring and evaluating compliance by the contractor with the health and safety requirements of the safety management system; (g) the emergency procedures and all other matters in the emergency plan for the mine prepared under Division 5; (h) the procedures and conditions under which persons at the mine or a part of the mine are to be withdrawn to a place of safety and to remain withdrawn as a precautionary measure where a risk to health and safety warrants that withdrawal; (i) the arrangements for the provision of information, training and instruction required under regulation 39; (j) the induction procedures for workers at the mine; (k) the arrangements in place for the supervision needed to protect workers and other persons at the mine from risks to their health and safety from work carried out at the mine; (l) the arrangements in place for health monitoring under Part 3; (m) the safety role for workers developed under Part 4; (n) the procedures for notifiable incident response and investigation at the mine; (o) the procedures for records management for the mine to ensure compliance with the Act; (p) the arrangements in place for all other monitoring and assessment and regular inspection of the working environment of the mine to be carried out for the purposes of the Act; (q) the performance management system under regulation 623; (r) the resources that will be applied for the effective implementation and use of the safety management system. (2) The safety management system document must— (a) contain a level of detail of the matters referred to in subregulation (1) that is appropriate to the mine having regard to— (i) the nature, complexity and location of the mining operations; and (ii) the risks associated with those operations; and (b) so far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it. (3) If any matter referred to in subregulation (1) is addressed in a plan or other document prepared under these regulations for a mine, it is sufficient if the safety management system for the mine refers to the plan or document. 623—Performance standards and audit The safety management system for a mine must include the following: (a) performance standards for measuring the effectiveness of all aspects of the safety management system that— (i) are sufficiently detailed to show how the mine operator will ensure the effectiveness of the safety management system; and (ii) include steps to be taken to continually improve the safety management system; (b) the way in which the performance standards are to be met; (c) a system for auditing the effectiveness of the safety management system for the mine against the performance standards, including the methods, frequency and results of the audit process. 624—Maintenance The mine operator of a mine must maintain the safety management system for the mine so that the safety management system remains effective. 625—Review (1) The mine operator of a mine must ensure that the safety management system for the mine is reviewed at least once every 3 years and as necessary revised to ensure it remains effective. Regular testing of the emergency plan is also required (see regulation 669). (2) In addition, if a risk control measure is revised under regulation 38 or 618, the mine operator must ensure that the safety management system for the mine is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure. (3) In addition, if the mine is a determined major hazard facility, the mine operator for the mine must review and as necessary revise the safety management system if a circumstance referred to in regulation 559(2) exists. (a) in the case if an individual—$6 000; Subdivision 3—Information to adjoining mine operators 626—Duty to provide information to mine operator of adjoining mine The mine operator of a mine must as soon as practicable, on request, provide to the mine operator of any adjoining mine any information that the mine operator has about conditions at the mine or any activities or proposed activities at the mine that could create a risk to the health and safety of persons at the adjoining mine. Division 2—Principal mining hazard management plans 627—Identification of principal mining hazards and conduct of risk assessments (1) The mine operator of a mine must identify all principal mining hazards at the mine. (2) The mine operator must conduct, in relation to each principal mining hazard identified, a risk assessment that involves a comprehensive and systematic investigation and analysis of all aspects of risk to health and safety associated with the principal mining hazard. (3) The mine operator, in conducting a risk assessment under subregulation (2), must— (a) use investigation and analysis methods that are appropriate to the principal mining hazard being considered; and (b) consider the principal mining hazard individually and also cumulatively with other hazards at the mine. 628—Preparation of principal mining hazard management plan (1) The mine operator of a mine must prepare a principal mining hazard management plan for each principal mining hazard at the mine, having regard to the matters set out in Schedule 19. (2) A principal mining hazard management plan must— (a) provide for the management of all aspects of risk control in relation to the principal mining hazard; and (b) so far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it. (3) A principal mining hazard management plan must— (a) describe the nature of the principal mining hazard to which the plan relates; and (b) describe how the principal mining hazard relates to other hazards at the mine; and (c) describe the analysis methods used in identifying the principal mining hazard to which the plan relates; and (d) include a record of the risk assessment conducted in relation to the principal mining hazard; and (e) describe the investigation and analysis methods used in determining the control measures to be implemented; and (f) describe all control measures to be implemented to manage risks to health and safety associated with the principal mining hazard; and (g) describe the arrangements in place for providing the information, training and instruction required by regulation 39 in relation to the principal mining hazard; and (h) refer to any design principles, engineering standards and technical standards relied on for control measures for the principal mining hazard; and (i) set out the reasons for adopting or rejecting all control measures considered. A principal mining hazard management plan forms part of the safety management system for a mine (see regulation 622(1)(c)(i)). 629—Review (1) The mine operator of a mine must ensure that a principal mining hazard management plan is reviewed and as necessary revised if a risk control measure specified in the plan is revised under regulation 38 or 618. A principal mining hazard management plan is part of the safety management system for a mine (see regulation 622(1)(c)(i), which must be audited under regulation 623, maintained under regulation 624 and reviewed and as necessary revised under regulation 625). (2) If a principal mining hazard management plan is revised, the mine operator must record the revisions, including any revision of a risk assessment, in writing in the plan. Division 3—Specific control measures—all mines Subdivision 1—Operational controls 630—Communication between outgoing and incoming shifts The mine operator of a mine at which more than 1 shift is worked each day must implement a system that ensures that, as soon as practicable at the commencement of each shift— (a) the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift, in relation to the state of the mine workings and plant and any other matters that relate to work health or safety; and (b) the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift. For requirements relating to communication with workers carrying out remote or isolated work at the mine, see regulation 48. 631—Movement of mobile plant (1) In complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with the movement of mobile plant at the mine. (2) In managing risks to health and safety associated with the movement of mobile plant at the mine, the mine operator must have regard to all relevant matters including the following: (a) the design, layout, construction and maintenance of all roads and other areas at the mine used by mobile plant; (b) interactions between mobile plant, especially between large and small mobile plant; (c) interactions between mobile plant and fixed plant or structures; (d) interactions between mobile plant and pedestrians (including the use of pre‑movement warnings for mobile plant in mine workings); (e) the operation of remotely controlled mobile plant; (f) the maintenance, testing and inspection of brakes, steering, lights and other safety features of the mobile plant. Division 7 of Chapter 5 Part 1 includes requirements relating to mobile plant in all workplaces. 632—Prohibited uses The mine operator of a mine must take all reasonable steps to ensure an item or substance specified in Schedule 20, column 1 is not used in a place or for a purpose that is prohibited or restricted as set out in Schedule 20, column 2 opposite that item or substance. 633—Closure, suspension or abandonment of mine (1) If the mine operator of a mine closes the mine, the mine operator must, at the time of the closure, ensure, so far as is reasonably practicable, that the mine is safe, including by being secure against unauthorised entry by any person. (2) If mining operations at a mine are suspended, the mine operator must ensure, so far as is reasonably practicable, that the mine is safe, including by being secure against unauthorised entry by any person, during the period of suspension. (3) The mine operator of a mine must not abandon the mine. mine operator of a mine includes the mine holder of the mine. Section 16 of the Act provides for circumstances in which more than 1 person has the same duty. (5) This regulation does not apply in relation to a precious stones tenement under the Opal Mining Act 1995. 634—Minimum age to work in mine The mine operator of a mine must take all reasonable steps to ensure that— (a) a person under the age of 16 years is not engaged to carry out work in any open cut workings or in an underground mine; and (b) a person under the age of 18 years is not engaged to carry out work in an underground mine, unless the person is over the age of 16 years and is an apprentice or trainee under direct supervision in relation to the work. Subdivision 2—Air quality and monitoring General requirements for managing risks from airborne contaminants and hazardous atmospheres are set out in Divisions 7 and 8 of Chapter 3 Part 2 (all workplaces, including mines), and Division 4 of this Part sets out additional requirements relating to all underground mines (Subdivision 2). 635—Temperature and moisture content of air In complying with regulation 617, the mine operator of a mine must— (a) manage risks to health and safety associated with extremes of either or both the temperature and moisture content of air; and (b) if risks associated with extreme heat exist in an underground mine—implement control measures (including monitoring) to manage heat stress in places in the mine where— (i) persons work or travel; and (ii) the wet bulb temperature exceeds 27°C. 636—Ensuring exposure standards for dust not exceeded (1) The mine operator of a mine must ensure that no person at the mine is exposed to 8‑hour time‑weighted average atmospheric concentrations of airborne dust that exceed— (a) for respirable dust—3.0 mg per cubic metre of air; (b) for inhalable dust—10.0 mg per cubic metre of air. (2) The Workplace Exposure Standards for Airborne Contaminants apply in relation to a concentration referred to in subregulation (1)(a) or (b) as if that concentration were an exposure standard referred to in those Standards. inhalable has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants; respirable has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants; 8-hour time-weighted average has the same meaning as in the Workplace Exposure Standards for Airborne Contaminants. 637—Monitoring exposure to airborne dust Regulation 50 applies to the mine operator of a mine in relation to airborne dust as if the concentration of airborne dust referred to in regulation 636(1)(a) or (b) were an exposure standard to which regulation 50 applies. 638—Air monitoring—use of devices The mine operator of a mine who uses air monitoring devices to comply with air monitoring requirements under regulation 50 and this Chapter must ensure that— (a) the devices used are suitable and effective having regard to— (i) the nature of the monitoring being carried out; and (ii) the substance being monitored; and (b) the devices are positioned to ensure that they work to best effect. 639—Air monitoring—signage The mine operator of a mine, in complying with air monitoring requirements under regulation 50 and this Chapter, must ensure that signs are erected at the mine that explain— (a) the meaning of any warning produced by an air monitoring device; and (b) what persons must do in response to the warning. Subdivision 3—Fitness for work 640—Fatigue In complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with worker fatigue. 641—Alcohol and drugs (1) In complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with the consumption of alcohol by workers. (2) In complying with regulation 617, the mine operator of a mine must manage risks to health and safety associated with the use of drugs by workers. Division 4—Specific control measures—underground mines Subdivision 1—All underground mines—operational controls 642—Inrush hazards (1) The mine operator of an underground mine must implement a system for the mine that ensures— (a) the identification of all reasonably foreseeable inrush hazards at the mine; and (b) the determination of the presence and location of an inrush hazard by exploratory bore‑holes (including a way of sealing or otherwise controlling a bore‑hole to prevent inrush) or other exploratory methods; and (c) communication of the location of identified inrush hazards, including inrush hazards being approached, to all affected persons; and (d) the determination of whether or not an identified inrush hazard is a principal mining hazard; and (e) if an identified inrush hazard is a principal mining hazard—the identification, establishment and maintenance of an inrush control zone for the inrush hazard in accordance with this regulation. (2) An inrush control zone must be located in the vicinity of the inrush hazard and— (a) if the exact location of the inrush hazard is known—extend at least 50 metres from the location of the inrush hazard; or (b) if the exact location of the inrush hazard is not known—extend any greater distance from the suspected location of the inrush hazard determined by a risk assessment conducted under regulation 627. (3) The mine operator must ensure, in relation to each inrush control zone, that control measures and procedures are implemented to control the risk of inrush. (4) The mine operator must ensure that an inrush control zone is not mined before— (a) control measures and procedures have been implemented under subregulation (3); and (b) the persons who are to work in the zone have been trained in relation to the implementation of those controls and procedures. (5) If an identified inrush hazard is not at an accessible place at the mine, it is sufficient to control the risk from inrush by— (a) providing adequate separation of solid rock between the mine workings and the assessed worst case position of the potential source of inrush; and (b) complying with the requirements of any applicable principal mining hazard management plan prepared for inrush hazards. (6) The mine operator of an underground mine, before connecting any underground mine workings at the mine to any other workings (including disused workings), must— (a) ensure that the other workings are inspected for water, gas and any other circumstance that may be an inrush hazard; and (b) if it is not possible to safely gain access to the workings to be connected—ensure that exploratory bore-holes or other exploratory methods are used to determine the location of the other workings. 643—Connecting workings (1) The mine operator of an underground mine must ensure that, if 2 working faces are approaching each other at an underground mine, 1 of the workings is stopped, made safe and barricaded as soon as practicable before the distance separating the faces creates a risk to health or safety. (2) The mine operator of an underground mine, before connecting any underground mine workings to any other workings (including disused workings) must ensure that the other workings are inspected for water, gas, misfires, butts and any other circumstance that may be a risk to the health or safety of any person at the mine, other than a risk associated with an inrush hazard. 644—Winding systems (1) The mine operator of an underground mine must ensure that every winding system used or that may be put into use at the mine includes the following: (a) ropes that will enable the shaft conveyance to bear the weight that can reasonably be expected to be borne by the shaft conveyance; (b) controls and limiting devices to prevent any shaft conveyance from being overwound or overrun or from travelling at an unsafe speed; (c) brakes that can bring the system to rest; (d) devices that detect slack rope or drum slip conditions, or tail rope malfunctions; (e) devices that cause the winder to stop when a condition or malfunction referred to in paragraph (d) is detected; (f) warning systems to alert persons at the mine to any emergency in a shaft; (g) remote monitoring of the functions of the system; (h) an effective means of communication— (i) between the surface and any shaft conveyance used for carrying persons; and (ii) between the point of control of the winder and the entry to every shaft that is in use. (2) The mine operator must ensure that the winding system for each shaft that is in use or that may be put into use at the mine, and all components of the winding system, are tested at intervals that ensure the safe performance of the system. (3) The mine operator must ensure that energy lockout devices are fitted to all mechanical and electrical plant associated with any shaft at the mine, including any mechanical and electrical plant associated with the operation, maintenance or use of the shaft. winding system means a system where the winder is driven by a motor or engine of not less than 25kW. 645—Operation of shaft conveyances (1) The mine operator of an underground mine must ensure that material or plant being carried in a shaft conveyance— (a) does not protrude from the shaft conveyance, while it is moving, so as to contact a wall of the shaft or any thing in the shaft; and (b) is so secured to the shaft conveyance that it cannot leave the shaft conveyance except by being deliberately removed. (2) The mine operator of an underground mine must ensure that persons being carried in a shaft conveyance are adequately protected from another shaft conveyance in the same shaft and from any material or plant being carried by the other shaft conveyance. (3) The mine operator of an underground mine must ensure that, if a shaft conveyance that combines a cage and skip is used, material is not carried in the skip while persons are being carried in the cage. (4) The mine operator of an underground mine must ensure that control measures are implemented to prevent a shaft conveyance from becoming detached or falling down the shaft. (5) The mine operator of an underground mine must ensure, so far as is reasonably practicable, that facilities for loading material or plant onto or into a shaft conveyance are designed and operated so as to prevent spillage into the shaft. 646—Dust explosion (1) In complying with regulation 617, the mine operator of an underground mine must manage risks to health and safety associated with an explosion associated with dust at the mine. (2) In managing risks to health and safety associated with dust at the mine, the mine operator must implement control measures that, so far as is reasonably practicable— (a) minimise the generation of potentially explosive dusts; and (b) suppress, collect and remove potentially explosive airborne dusts; and (c) suppress any dust explosion; and (d) restrict the propagation of any dust explosion so that other areas are not affected. Subdivision 2—All underground mines—air quality and ventilation General requirements for managing risks from airborne contaminants and hazardous atmospheres are set out in Division 3 Subdivision 2 of this Part (all mines, including underground mines) and in Divisions 7 and 8 of Chapter 3 Part 2 (all workplaces, including mines). 647—Air quality—airborne contaminants (1) The mine operator of an underground mine must ensure that the concentration of any airborne contaminant (including any asphyxiant or explosive gas) is as low as is reasonably practicable. (2) The mine operator must comply with subregulation (1)— (a) so far as is reasonably practicable, by suppression or the installation of a ventilation or exhaust extraction system; or (b) if this is not reasonably practicable, by some other suitable means. (3) This regulation does not limit regulations 49 and 636. 648—Air quality—minimum standards for ventilated air (1) The mine operator of an underground mine must ensure that the ventilation system for the mine provides air that is of sufficient volume, velocity and quality to ensure that 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% under normal atmospheric pressure; and (b) has dust levels that— (i) are as low as is reasonably practicable; and (ii) do not exceed the relevant levels specified in regulation 636; and (c) if diesel engines are used underground—has a concentration of diesel particulates that is as low as is reasonably practicable. (2) In addition to subregulation (1), the mine operator of an underground mine must ensure that the ventilation system for the mine provides air that is of sufficient quality to ensure that 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 is reasonably practicable; and (b) does not exceed the exposure level for that contaminant specified in the relevant exposure standard referred to in regulation 49. (3) This regulation 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; and (b) in which all persons are wearing self‑contained breathing apparatus. 649—Air monitoring—air quality The mine operator of an underground mine must ensure that air monitoring is carried out at the mine if the mine operator is not certain on reasonable grounds whether or not regulation 648 is being complied with. 650—Requirements if air quality requirements and exposure standards not complied with (1) This regulation applies if monitoring reveals that in an underground mine— (a) the oxygen level specified in regulation 648(1)(a) is not met; or (b) a dust level referred to in regulation 648(1)(b)(ii) is exceeded; or (c) an exposure level referred to in regulation 648(2)(b) is exceeded. (2) The mine operator of an underground mine must immediately notify any affected workers or other persons at the mine of the relevant circumstance referred to in subregulation (1). (3) The mine operator of an underground mine must ensure that the air quality at the mine is retested by a competent person as soon as practicable. 651—Records of air monitoring (1) The mine operator of a mine must keep a record of air monitoring carried out at the mine under regulation 649. (2) A record of air monitoring must include— (a) the results of the monitoring; and (b) details of the dates, location and frequency of the monitoring; and (c) the sampling method and equipment used. (3) A record of air monitoring carried out under regulation 649 must be kept for 7 years after the record is made. (4) The mine operator must keep a record of air monitoring available for inspection under the Act. (5) The mine operator must keep a record of air monitoring readily accessible to workers and other persons at the mine. 652—Ventilation system—further requirements (1) The mine operator of an underground mine must ensure that the air supplied to the ventilation system at the mine is obtained from the purest source available. (2) The mine operator must ensure the following: (a) ventilation circuits at the mine do not allow uncontrolled recirculation of air; (b) plant and structures that regulate airflow are maintained in good working order; (c) unventilated headings are not entered unless— (i) the purpose of entry is to establish ventilation; and (ii) adequate auxiliary ventilation is provided to the person entering the heading. (3) The mine operator must ensure that, in areas of the mine where persons work or travel, the ventilation system for the mine provides an average air velocity of at least 0.3 metres per second measured across the work or travel area. 653—Monitoring and testing of ventilation system (1) The mine operator of an underground mine must monitor and test all aspects of the operation of the ventilation system at intervals that ensure that the system complies with regulations 648 and 652. (2) The mine operator of a mine must keep a record of all monitoring and testing of the ventilation system at the mine for at least 7 years. (3) The mine operator must keep the record available for inspection under the Act. (4) The mine operator must keep the record readily accessible to workers and other persons at the mine. 654—Duty to prepare ventilation control plan (1) The mine operator of an underground mine must ensure that a ventilation control plan is prepared to provide for the management of all aspects of ventilation at the mine. (2) The ventilation control plan must describe all control measures implemented in relation to ventilation at the mine. (3) Without limiting subregulation (2), the ventilation control plan must include a description of the following, if applicable to the mine: (a) the design and operation of the ventilation system, including the standards applying to the placement, operation, maintenance and monitoring of ventilation plant; (b) arrangements for inspecting, monitoring, maintaining and testing the ventilation system; (c) arrangements for managing risks to health and safety associated with potential inrush hazards and leakage into intake airways of atmospheric contaminants from goaf areas and abandoned sealed workings; (d) arrangements for managing risks to health and safety associated with intake air travelling across the face of a permanent seal at the mine; (e) arrangements for an alternate and independent way of operating the main ventilation fan system in the event of a loss of power supply to the main ventilation system; (f) arrangements for managing risks to health and safety associated with ignition sources, in the event that the ventilation system fails to adequately ventilate the mine; (g) procedures to ensure the health and safety of persons at the mine in the event of a total or partial ventilation failure for more than 30 consecutive minutes. 655—Review of ventilation control plan The mine operator of an underground mine must ensure that a ventilation control plan is reviewed and as necessary revised if a risk control measure specified in the plan is revised under regulation 38 or 618. 656—Ventilation plan (1) The mine operator of an underground mine must ensure that a plan of the ventilation system for the mine is prepared. (2) The ventilation plan must show— (a) the direction, course and volume of air currents; and (b) the position of all air doors, stoppings, fans, regulators and other ventilation plant and structures and ventilation monitoring devices at the mine. Subdivision 3—Underground coal mines Subdivision 3 (comprising regulations 657 to 663) appears in some corresponding WHS laws but does not apply in this State because there is no underground coal mining activity. Division 5—Emergency management The requirements of this Division are in addition to the requirements in relation to emergency plans under Division 4 of Chapter 3 Part 2. Subdivision 1—Emergency plans for all mines 664—Duty to prepare emergency plan (1) The mine operator of a mine must prepare an emergency plan for the mine in accordance with this Subdivision. (2) In addition to the matters required by regulation 43(1), the emergency plan must— (a) address all aspects of emergency response, including by ensuring— (i) the establishment of a system that enables all persons at the mine to be promptly located; and (ii) the provision of adequate rescue equipment; and (iii) that 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; and (iv) the provision of adequate patient transport if a person is working at a mine; and (b) include all matters specified in Schedule 22; and (c) so far as is 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 must comply with the matters in subregulation (2)(a) and (b) to the extent that the matters are applicable to the mine having regard to— (4) The emergency plan for a mine must contain an appropriate level of detail about the matters set out in subregulation (2)(a) and (b) having regard to all relevant matters including— (5) The mine operator of a mine that is also a determined major hazard facility is not required to prepare an emergency plan under regulation 557 for the major hazard facility if— (a) the mine operator has prepared an emergency plan for the facility for the purposes of this regulation; and (b) the plan addresses all matters required to be addressed in an emergency plan under regulation 557 and includes all matters specified in Schedule 16. 665—Consultation in preparation of emergency plan (1) In preparing an emergency plan, the mine operator must consult with— (a) the primary emergency services with responsibility for the area in which the mine is located; and (b) any other emergency service organisation, including any mines rescue organisation, that may be required to participate in implementing the emergency plan; and (c) in relation to the principal mining 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; and (d) if the mine is a major hazard facility—the local authority in relation to the off‑site health and safety consequences of a major incident occurring. (2) Subregulation (1)(a) does not apply to a mine operator who has on‑site emergency resources and capability or access to off‑site emergency resources and capability that are sufficient to address all aspects of emergency response at the mine. (3) The mine operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subregulation (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. (4) The mine operator must have regard to any other recommendation or advice given by a person consulted under subregulation (1). 666—Implementation of emergency plan (1) The mine operator of a mine must immediately implement the emergency plan for the mine in the event of an emergency. (2) If the mine is a determined major hazard facility, the mine operator must— (a) immediately implement the emergency plan if— (i) a major incident occurs in the course of the operation of the major hazard facility; or (ii) an event occurs that could reasonably be expected to lead to a major incident; and (b) notify the emergency service organisations consulted under regulation 665(1) of the occurrence of an incident or event referred to in regulation 665(3)(b). 667—Copies to be kept and provided (1) The mine operator of a mine must keep a copy of the emergency plan at the mine. (2) The mine operator must ensure that a copy of the emergency plan is available on request to any emergency service organisation consulted under regulation 665(1)(a). 668—Resources for emergency plan The mine operator of a mine must ensure that— (a) all resources, including rescue equipment, specified in the emergency plan for the mine are provided in accordance with the plan; and (b) all equipment, including rescue equipment, specified in the emergency plan is maintained in good working order. 669—Testing of emergency plan (1) The mine operator must test the emergency plan at least once a year having regard to the recommendations made by the emergency service organisations consulted under regulation 665 in preparing the plan. (2) In addition, if the mine is a determined major hazard facility, the mine operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations referred to in regulation 665(1) before applying for a licence for the major hazard facility. More frequent testing may be required—see regulation 43. 670—Review (1) If a risk control measure is revised under regulation 38 or 618, the mine operator of the mine must ensure that the emergency plan is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure. (2) In addition, if the mine is a determined major hazard facility, the mine operator for the mine must review and as necessary revise the emergency plan if a circumstance referred to in regulation 559(2) exists. (a) in the case if an individual—$6 000; (3) In reviewing and revising the emergency plan for the purposes of subregulation (2), the operator must consult with the emergency service organisations referred to in regulation 665. Subdivision 2—Underground mines 671—Emergency exits (1) The mine operator of an underground mine must ensure that the mine has at least 2 trafficable exits to the surface that comply with subregulations (2) and (3). (2) Each exit must— (a) be accessible from each level in the mine in which stoping operations are being carried out; and (b) allow for the passage of rescue persons and rescue equipment; and (c) be marked or signposted so that it can be readily located in an emergency; and (d) be maintained so that it remains effective. (3) The exits must be located so as to ensure, so far as is reasonably practicable, that an incident or event that occurs in relation to 1 exit, that prevents the exit from being used for the purpose of escape from the mine, does not prevent persons from using the other exit to escape. (4) The mine operator of a mine is not required to comply with subregulation (1) in either of the following circumstances if the mine operator ensures that the mine has at least 1 trafficable exit to the surface that complies with subregulation (2): (a) a single entry drive or shaft is being developed; (b) the most distant area of the mine is no more than 250 metres from the mine entrance. 672—Safe escape and refuge (1) The mine operator of an underground mine must provide adequate means of communicating with all affected persons when the emergency plan for the mine is implemented. An alarm system. (2) The mine operator of an underground mine must provide adequate means of escape that enable persons to safely reach an exit or refuge, including through conditions of reduced visibility or irrespirable or unsafe atmospheres. 673—Signage for refuges The mine operator of an underground mine that includes a refuge must ensure that signs are prominently displayed at the mine showing the location of each refuge. 674—Self-rescuers (1) The mine operator of an underground mine must ensure that a person who is to go underground is provided with an appropriate self‑contained self‑rescuer if there is a risk of an irrespirable atmosphere in the underground mine (including during an emergency). (2) The mine operator must ensure that the person is trained in the use of, and is able to use, the self‑rescuer provided. 675—Personal protective equipment in emergencies (1) This regulation applies in relation to a worker who is to enter an underground mine in an emergency in order to carry out first aid or rescue procedures. (2) The mine operator of the underground mine must ensure that oxygen or air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which— (a) the concentration of oxygen falls below a safe oxygen level; or (b) the atmosphere in the underground mine has a harmful concentration of an airborne contaminant; or (c) there is a serious risk of the atmosphere in the underground mine becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the underground mine. (3) The mine operator must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which— (a) there has been an inundation or inrush of any substance in the underground mine; or (b) there is a serious risk of an inundation or inrush of any substance occurring while the worker is in the underground mine. (4) The mine operator must ensure, so far as is reasonably practicable, that a worker uses the personal protective equipment provided under subregulation (2) or (3). Division 6—Information, training and instruction 675A—Duty to inform workers about safety management system (1) The mine operator of a mine must ensure that, before a worker commences work at the mine— (a) the worker is given a summary of the safety management system for the mine that is relevant to the worker's work at the mine; and (b) the worker is informed of the right to see the documented safety management system for the mine prepared under regulation 621. (2) The mine operator must ensure that the documented safety management system is available on request to a worker at the mine. (3) The mine operator must ensure that— (a) a principal mining hazard management plan prepared under regulation 628 is readily accessible to a worker who is or may be exposed to the risks to which the plan relates; and (b) a ventilation control plan, prepared under regulation 654, is readily accessible to all workers at the mine; and (c) the emergency plan for the mine, prepared under regulation 664, is readily accessible to all workers at the mine. (4) If the safety management system is revised under regulation 625, the mine operator must ensure, so far as is reasonably practicable, that each worker at the mine is made aware of any revision that is relevant to work being carried out by the worker. In relation to the provision of information to workers, also see regulation 39 and section 19(3)(f) of the Act. 675B—Duty to provide information, training and instruction (1) This regulation applies in addition to regulation 39. (2) The mine operator of a mine must ensure that each worker at the mine is provided with suitable and adequate information, training and instruction in relation to the following: (a) all hazards associated with the work being carried out by the worker; (b) the implementation of risk control measures relating to the work being carried out by the worker, including controls in relation to fatigue, the consumption of alcohol and the use of drugs; (c) the content and implementation of the safety management system for the mine; (d) the emergency plan for the mine; (e) the safety role for workers implemented under regulation 675Q. 675C—Information for visitors The mine operator of a mine must ensure that a visitor who enters the mine with the authority of the mining operator is, as soon as practicable— (a) informed about risks associated with mining operations to which the visitor may be exposed at the mine; and (b) instructed in health and safety precautions the visitor should take at the mine; and (c) instructed in the actions the visitor should take if the emergency plan for the mine is implemented while the visitor is at the mine. 675D—Review of information, training and instruction The mine operator of a mine must ensure that information, training and instruction provided to workers under regulations 675A and 675B or to visitors under regulation 675C are reviewed and as necessary revised to ensure that they remain relevant and effective. 675E—Record of training The mine operator of a mine must— (a) make a record of any training provided to a worker under regulation 675B; and (b) keep the record while the worker remains engaged at the mine. Part 3—Health Monitoring 675F—Health monitoring of worker (1) The mine operator of a mine must ensure that health monitoring is provided in accordance with subregulation (2) to a worker at a mine engaged to carry out work at a mine if— (a) there is a significant risk of an adverse effect on the worker's health because of the worker's exposure to a hazard associated with mining; and (b) valid techniques are available to detect that effect on the worker's health. (2) The health monitoring must be carried out— (a) in accordance with this Part; and (b) at intervals determined by a registered medical practitioner with experience in health monitoring. 675G—Duty to inform of health monitoring The mine operator of a mine, who is required to ensure that health monitoring is provided to a worker, must give information about the health monitoring requirements to— (a) a person who is likely to be engaged to carry out work that triggers the requirement for health monitoring; and (b) a worker at the mine, before the worker commences work that triggers the requirement for health monitoring. 675H—Duty to ensure health monitoring is carried out or supervised by registered medical practitioner with experience (1) The mine operator of a mine must ensure, so far as is reasonably practicable, that the health monitoring of a worker under this Part is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring. (2) The mine operator must ensure that the worker is consulted in relation to the selection of the registered medical practitioner. 675I—Duty to pay costs of health monitoring (1) The mine operator of a mine who engages a worker at the mine must pay all expenses relating to health monitoring referred to in this Part. (2) If the mine operator of a mine has not engaged a worker at the mine, the mine operator must ensure that the person conducting the business or undertaking that engaged the worker pays all expenses relating to health monitoring. 675J—Duty to provide registered medical practitioner with information The person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring: (a) the name and address of the mine operator; (d) if the worker has started the work—how long the worker has been carrying out the work. 675K—Health monitoring report (1) Health monitoring must be documented in a health monitoring report in the form approved by the regulator. (c) the name and address of— (i) the mine operator; and (ii) the person conducting a business or undertaking who commissioned the health monitoring; (d) the date of the health monitoring; (e) an explanation of the results; (f) any advice indicating any adverse health effect resulting from exposure to a risk associated with mining operations; (g) any recommendation that the mine operator take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring; (h) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring. 675L—Person conducting business or undertaking to obtain health monitoring report The person conducting a business or undertaking who has commissioned health monitoring must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker. 675M—Person conducting business or undertaking to give health monitoring report to mine operator of mine A person conducting a business or undertaking must, on request, give a copy of the health monitoring report required to be kept under regulation 675P(1) to the mine operator of any mine at which the worker carries out work. 675N—Duty to give health monitoring report to worker The mine operator of a mine must take all reasonable steps to ensure that a worker at the mine who is provided with health monitoring is given a copy of the health monitoring report as soon as practicable after the monitoring is carried out. 675O—Duty to give health monitoring report to regulator The mine operator of a mine must take all reasonable steps to ensure that a copy of a health monitoring report relating to a worker at the mine is given to the regulator as soon as practicable if the report contains— (a) any advice indicating any adverse health effect resulting from exposure to a risk associated with mining operations; or (b) a recommendation that the mine operator should move the worker from a hazard or assign the worker to different work. 675P—Health monitoring reports kept as records (1) The person conducting a business or undertaking that engaged a worker at the mine must ensure that a health monitoring report in relation to the worker is kept as a confidential record. (1a) The person must ensure that a health monitoring report in relation to a worker is kept for at least— (a) for hazards known to have a cumulative or delayed health effect—30 years after the record is made; or (b) for other hazards—7 years after the record is made. (2) A person conducting a business or undertaking who obtains a health monitoring report in relation to a worker under this Part must not disclose the report to another person without the worker's written consent. (3) Subregulation (2) does not apply if the report is disclosed to— (a) a mine operator to whom a copy report is given under regulation 675M; or (b) the regulator under regulation 675O; or (c) a new mine operator to whom all records are given under regulation 615(3); or (d) a person who must keep the report confidential under a duty of professional confidentiality; or (e) a health and safety representative in accordance with section 71(2) of the Act. (4) The person conducting a business or undertaking that engaged a worker at the mine must ensure, so far as is reasonably practicable, that any health monitoring report kept in relation to a worker under subregulation (1) is given to the worker if the business or undertaking at the mine is to be wound up or otherwise cease to exist. Part 4—Consultation and Workers' Safety Role 675Q—Safety role for workers in relation to principal mining hazards The mine operator of a mine must implement a safety role for the workers at the mine that enables them to contribute to— (a) the identification under regulation 627 of principal mining hazards that are relevant to the work that the workers are or will be carrying out; and (b) the consideration of control measures for risks associated with principal mining hazards at the mine; and (c) the conduct of a review under regulation 629. 675R—Mine operator must consult with workers For the purposes of section 49(f) of the Act, the mine operator of a mine must consult with workers at the mine in relation to the following: (a) the development, implementation and review of the safety management system for the mine; (b) conducting risk assessments for principal mining hazard management plans; (c) preparing, testing and reviewing the emergency plan for the mine; (d) the implementation of the workers' safety role under regulation 675Q; (e) developing and implementing strategies to protect persons at the mine from any risk to health and safety arising from the following: (i) the consumption of alcohol or use of drugs by any person; (ii) worker fatigue. See section 49 of the Act for other consultation duties of a person conducting a business or undertaking. Part 5—Mine Survey Plans 675S—Survey plan of mine must be prepared (1) The mine operator of a mine must ensure that a detailed survey plan of the mine is prepared by a competent person. (2) The plan must (unless it relates to a precious stones field under the Opal Mining Act 1995) reference the mine to— (a) — (i) in the case of a plan prepared before 24 September 2022—GDA94 or GDA2020; or (ii) in any other case—GDA2020; and (b) the Australian Height Datum. (3) The plan must show the following (if present at the mine): (a) the workings of the mine, including disused workings and bore holes; (b) the location of electrical installations; (c) the location of telephones and other fixed plant associated with the radio and telecommunications systems; (d) water dams and tailings dams; (e) natural features surrounding the mine; (f) places for the storage of hydrocarbons or explosives; (g) points of entry and exit, including emergency exits; (h) refuges (in an underground mine). (4) In complying with subregulation (1), the mine operator of a mine must take all reasonable steps to obtain historical mine surveys of the mine to ensure the accuracy of the mine survey plan. (5) In subregulation (2)— Australian Height Datum means the Australian Height Datum described in the Division of National Mapping Technical Report No.12, The Adjustment of the Australian Levelling Survey, 1970‑71 (2nd edition, 1975); Geocentric Datum of Australia 1994 or GDA94 means the Geocentric Datum of Australia as defined in Commonwealth of Australia Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set); Geocentric Datum of Australia 2020 or GDA2020 has the same meaning as in the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 made under section 8A of the National Measurement Act 1960 of the Commonwealth. Regulation 656 requires the mine operator of an underground mine to prepare a plan of the ventilation system for the mine. 675T—Review of survey plan (1) The mine operator of a mine must review and as necessary revise the mine survey plan— (a) if it no longer accurately reflects the workings that have been carried out at the mine or the workings that are proposed to be carried out at the mine; or (b) if there are reasonable grounds to believe that the mine survey plan is not accurate; or (c) at least once every 12 months. (2) Subregulation (1)(c) does not apply if the mining operations at the mine have been discontinued or suspended for more than 12 months. 675U—Survey plan to be available (1) The mine operator of a mine must keep the current mine survey plan and all previous versions of the plan available for inspection under the Act. (2) The mine operator of a mine must make the current mine survey plan available on request to workers at the mine. Part 6—Provision of information to regulator (1) This Part applies in addition to Part 3 of the Act. (2) Unless provided otherwise, incidents referred to in this Part include notifiable incidents (see section 35 of the Act). 675V—Duty to notify regulator of certain incidents (1) The mine operator of a mine must take all reasonable steps to ensure that the regulator is notified as soon as possible after becoming aware of an incident arising out of the carrying out of mining operations at the mine. (2) The notification must— The notice may be given by fax, email or other electronic means. (b) be in a form required by the regulator; and (c) in the case of an incident that results in an illness or injury, contain the details specified in Schedule 23. high potential incident means an incident or event referred to in section 37(a) to (l) of the Act that would have been a dangerous incident under section 37 if a person were in the vicinity at the time when the incident or event occurred and in usual circumstances a person could have been in that vicinity at that time; incident means an incident (other than a notifiable incident) that— (a) results in illness or injury that requires medical treatment within the meaning of item 13.2 of Schedule 24; or (b) is a high potential incident. This regulation does not apply in relation to notifiable incidents about which notification must be given under Part 3 of the Act. 675W—Quarterly reports (1) The mine operator of a mine must give the regulator a quarterly work health and safety report in accordance with this regulation. (2) The report must— (a) be given at the times or intervals (including annually) and in the manner and form required by the regulator; and (b) contain the information specified in Schedule 24. This regulation applies in relation to notifiable incidents and incidents within the meaning of regulation 675V. (3) The mine operator of a mine is not required to give the regulator a report under this regulation before 1 January 2015. 675X—Duty to notify mine operator of notifiable incidents A person who conducts a business or undertaking at a mine must ensure that the mine operator is notified as soon as practicable of any incident that has been notified to the regulator under section 38 of the Act. Section 38 of the Act requires a person who conducts a business or undertaking to ensure that the regulator is notified about notifiable incidents. Part 7—Mine Record 675Y—Mine record (1) The mine operator of a mine must keep a mine record for the mine. (2) The mine record must contain— (a) a record of any notice issued in relation to the mine under Part 10 of the Act; and (b) a copy of any provisional improvement notice issued in relation to the mine under Part 5 Division 7 of the Act; and (c) a record of every incident notified to the regulator under Part 3 of the Act or under regulation 675V; and (d) a summary of all records kept under regulations 619 and 620; and (e) each report under regulation 630 by a shift supervisor at the mine. 675Z—Mine record must be kept and available (1) The mine operator of a mine must keep a record that forms part of the mine record for 7 years from the date the record was made. (2) The mine operator must keep the mine record for the mine available for inspection under the Act. (3) The mine operator must ensure that the mine record for the mine is available to workers at the mine on request. (4) For the purposes of subregulation (3), the mine operator is only required to make available a summary of a record referred to in regulation 675Y(2)(c). (5) Subregulation (3) does not require or permit the mine operator to provide personal or medical information in relation to a worker without the worker's written consent unless the information is in a form that— (a) does not identify the worker; and (b) could not reasonably be expected to lead to the identification of the worker. Chapter 11—General Part 1—Review of decisions under these regulations Division 1—Reviewable decisions 676—Which decisions under these regulations are reviewable (1) The following table sets out: (a) decisions made under these regulations that are reviewable under this Part (reviewable decisions); and (b) who is eligible to apply for review of a reviewable decision (the eligible person). Item Regulation under which reviewable decision is made Eligible person in relation to reviewable decision High risk work licences 89—Refusal to grant licence 91—Refusal to grant licence 2A 91A—Imposition of condition when granting licence 2B 91A—Imposition of condition when renewing licence 98—Refusal to issue replacement licence document 104—Refusal to renew licence 106—Suspension of licence 106—Cancellation of licence 106—Disqualification of licence holder from applying for another licence 7A 106—Variation of licence conditions Accreditation of assessors 118—Refusal to grant accreditation 120—Refusal to grant accreditation 121—Imposition of a condition when granting accreditation 121—Imposition of a condition when renewing accreditation 127—Refusal to issue replacement accreditation document 132—Refusal to renew accreditation 133—Suspension of accreditation 133—Cancellation of accreditation 133—Disqualification of assessor from applying for a further accreditation Registration of plant designs 256—Refusal to register plant design 257—Refusal to register plant design 258—Imposition of a condition when granting registration of plant design Registration of plant 269—Refusal to register item of plant 270—Refusal to register item of plant 271—Imposition of a condition when granting registration of item of plant 271—Imposition of a condition when renewing registration of item of plant 279—Refusal to renew registration of item of plant 283—Amendment of registration, on regulator's initiative 284—Refusal to amend registration on application (or a decision to make a different amendment) 288—Refusal to issue replacement registration document 27A 288B—Decision to cancel registration General construction induction training 322—Refusal to issue general construction induction training card 322—Refusal to issue replacement general construction induction training card Card holder 323—Cancellation of general construction induction training card Card holder Hazardous chemicals and lead 384—Refusal to grant authorisation to use, handle or store a prohibited or restricted carcinogen 386—Cancellation of authorisation to use, handle or store a prohibited or restricted carcinogen Authorisation holder 393—Deciding a process to be a lead process A person conducting a business or undertaking that carries out the lead process A worker whose interests are affected by the decision 407—Determining a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work A person conducting a business or undertaking that carries out lead risk work A worker whose interests are affected by the decision Asbestos removal licences and asbestos assessor licences 497—Refusal to grant licence 501—Refusal to grant licence 502—Imposition of a condition when granting licence 502—Imposition of a condition when renewing licence 508—Amendment of licence, on regulator's initiative 509—Refusal to amend licence on application (or a decision to make a different amendment) 513—Refusal to issue replacement licence document 517—Refusal to renew licence 520—Suspension of licence 520—Cancellation of licence 520—Disqualification of licence holder from applying for another licence Major hazard facilities Determination of facility to be major hazard facility 541—Determination of facility to be a major hazard facility, on making inquiry 541—Decision not to determine proposed facility to be a major hazard facility 542—Determination of major hazard facility 543—Determination of suitability of operator 544—Imposition of a condition on a determination of a major hazard facility Licensing of major hazard facility 580—Refusal to grant licence 584—Imposition of a condition when granting licence 584—Imposition of a condition when renewing licence 589—Amendment of licence, on regulator's initiative 590—Refusal to amend licence, on application (or a decision to make a different amendment) 594—Refusal to issue replacement licence document 598—Refusal to renew licence 600—Refusal to transfer licence, on application Proposed operator of facility 601—Refusal to cancel licence, on application 602—Suspension of licence 602—Cancellation of licence 602—Disqualification of licence holder from applying for another licence Exemptions 684—Refusal to exempt person (or a class of persons) from compliance with any of these regulations 686—Refusal to exempt person from requirement to hold a high risk work licence 688—Refusal to exempt operator of MHF from compliance with any of these regulations, on application 65A 689A(1)—Refusal to exempt a particular type of engineered stone from regulation 529D 691—Imposing condition on an exemption granted on application under Part 11.2 696—Refusal to grant exemption 697—Amendment of an exemption granted on application under Chapter 11 Part 2 697—Cancellation of an exemption granted on application under Chapter 11 Part 2 (2) Unless the contrary intention appears, a reference in this Part to a decision includes a reference to— (a) making, suspending, revoking or refusing to make an order, determination or decision; or (b) giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or (c) granting, issuing, amending, renewing, suspending, cancelling, revoking or refusing to grant, issue, amend or renew an authorisation; or (d) imposing or varying a condition; or (e) making a declaration, demand or requirement; or (f) retaining, or refusing to deliver up, a thing; or (g) doing or refusing to do any other act or thing; or (h) being taken to refuse or do any act or thing. Division 2—Internal review 677—Application This Division does not apply to a reviewable decision made under— (a) Chapter 9; or (b) Chapter 11 Part 2. 678—Application for internal review (1) Subject to subregulation (2), an eligible person in relation to a reviewable decision may apply to the regulator for review (an internal review) of the decision within— (a) 28 days after the day on which the decision first came to the eligible person's notice; or (b) any longer time the regulator allows. (2) An eligible person in relation to a reviewable decision under regulation 89(5), 118(5), 256(5), 269(5) or 497(5) may apply to the regulator for review (an internal review) of the decision within— (a) 28 days after the day on which the 120 day period referred to in that provision; or (b) any longer time the regulator allows. (3) The application must be made in the manner and form required by the regulator. 679—Internal reviewer (1) The regulator may appoint a person or body to review decisions on applications under this Division. (2) The person who made the reviewable decision cannot be an internal reviewer in relation to that decision. 680—Decision of internal reviewer (1) The internal reviewer must review the reviewable decision and make a decision as soon as practicable and within 14 days after the application for internal review, or the additional information requested under subregulation (3), is received. (2) The decision may be— (a) to confirm or vary the reviewable decision; or (b) to set aside the reviewable decision and substitute another decision that the internal reviewer considers appropriate. (3) The internal reviewer may ask the applicant to provide additional information in support of the application for review. (4) The applicant must provide the additional information within the time (being not less than 7 days) specified by the internal reviewer in the request for information. (5) If the applicant does not provide the additional information within the required time, the reviewable decision is taken to have been confirmed by the internal reviewer at the end of that time. (6) If the reviewable decision is not varied or set aside within the 14 day period referred to in subregulation (1), the reviewable decision is taken to have been confirmed by the internal reviewer. 681—Decision on internal review Within 14 days of making the decision on the internal review, the internal reviewer must give the applicant written notice of— (a) the decision on the internal review; and (b) the reasons for the decision. 682—Internal review—reviewable decision continues Subject to any provision to the contrary in relation to a particular decision, an application for an internal review does not affect the operation of the reviewable decision or prevent the taking of any lawful action to implement or enforce the decision. Division 3—External review 683—Application for external review (1) An eligible person may apply to SAET for review (an external review) of— (a) a reviewable decision made by the regulator under— (i) Chapter 9; or (ii) Chapter 11 Part 2; or (b) a decision made, or taken to have been made, on an internal review. (2) The application must be made within— (a) 28 days after the day on which the decision first came to the eligible person's notice; or (b) any longer time as SAET may allow. Part 2—Exemptions 684—General power to grant exemptions (1) The regulator may exempt a person or class of persons from compliance with any of these regulations. (2) The exemption may be granted on the regulator's own initiative or on the written application of 1 or more persons. (3) This regulation is subject to the limitations set out in this Part. (4) This regulation does not apply to an exemption from— (a) a provision requiring a person to hold a high risk work licence; or (b) a provision of Chapter 9 relating to a major hazard facility or proposed major hazard facility; or (c) regulation 529D in relation to exempting a type of engineered stone from that regulation. 685—Matters to be considered in granting exemptions In deciding whether or not to grant an exemption under regulation 684 the regulator must have regard to all relevant matters, including the following: (a) whether the granting of the exemption will result in a standard of health and safety at the relevant workplace, or in relation to the relevant undertaking, that is at least equivalent to the standard that would be achieved by compliance with the relevant provision or provisions; (b) whether the requirements of paragraph (a) will be met if the regulator imposes certain conditions in granting the exemption and those conditions are complied with; (c) whether exceptional circumstances justify the grant of the exemption; (d) if the proposed exemption relates to a particular thing—whether the regulator is satisfied that the risk associated with the thing is not significant if the exemption is granted; (e) whether the applicant has carried out consultation in relation to the proposed exemption in accordance with Divisions 1 and 2 of Part 5 of the Act. Division 2—High risk work licences 686—High risk work licence—exemption (1) The regulator may exempt a person or class of persons from compliance with a provision of these regulations requiring the person or class of persons to hold a high risk work licence. (2) The exemption may be granted on the written application of any person concerned. 687—High risk work licence—regulator to be satisfied about certain matters (1) The regulator must not grant an exemption under regulation 686 unless satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption. (2) For the purposes of subregulation (1), the regulator must have regard to all relevant matters, including whether or not— (a) the obtaining of the high risk work licence would be impractical; and (b) the competencies of the person to be exempted exceed those required for a high risk work licence; and (c) any plant used by the person can be modified in a way that reduces the risk associated with using that plant. Division 3—Major hazard facilities 688—Major hazard facility—exemption (1) The regulator may exempt the operator of a major hazard facility or proposed major hazard facility from compliance with any provision of these regulations relating to that facility. (2) The exemption may be granted on the written application of the operator of the major hazard facility or proposed major hazard facility. 689—Major hazard facility—regulator to be satisfied about certain matters (1) The regulator must not grant an exemption under regulation 688 unless satisfied that— (a) 1 or more Schedule 15 chemicals are present or likely to be present at the facility; and (b) the quantity of the Schedule 15 chemicals exceeds the threshold quantity of the Schedule 15 chemicals periodically because they are solely the subject of intermediate temporary storage; and (c) the Schedule 15 chemical or chemicals are in 1 or more containers with the capacity of each container being not more than a total of 500 kilograms; and (d) granting the exemption will result in a standard of health and safety in relation to the operation of the facility that is at least equivalent to the standard that would be achieved by compliance with the relevant provision or provisions. (2) For the purposes of subregulation (1)(d), the regulator must have regard to all relevant matters, including whether or not— (a) the applicant is complying with the Act and these regulations; and (b) the applicant has processes and procedures in place which will keep the quantity of the Schedule 15 chemical or chemicals present or likely to be present at or below the threshold quantity for the Schedule 15 chemical or chemicals as often as practicable; and (c) the applicant has implemented adequate control measures to minimise the risk of a major incident occurring.