New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY (MINES AND PETROLEUM SITES) REGULATION 2014

- Made under the Work Health and Safety (Mines and Petroleum Sites) Act 2013
- As at 12 November 2021
- Reg 799 of 2014

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Expressions used in WHS Regulations
   5.      Meaning of principal hazard

   PART 1A - MINE AND PETROLEUM SITE OPERATORS

           Division 1 - Mines

   6.      Appointment of mine operator
   7.      Notification of mine operator to regulator
   7A.     Mine operator to notify regulator of change to contact details
   7B.     Additional requirements for opal mine holders and operators
   8.      Regulator may direct that one or more mine operators be appointed

           Division 2 - Petroleum sites

   8A.     Appointment of petroleum site operator
   8B.     Notification of petroleum site operator to regulator
   8BA.    Petroleum site operator to notify regulator of change to contact details
   8C.     Regulator may direct that one or more petroleum site operators be appointed

   PART 2 - MANAGING RISKS

           Division 1 - General requirements

              Subdivision 1 - Control of risk

   9.      Management of risks to health and safety
   10.     Review of control measures
   11.     Record of certain reviews of control measures--operator
   12.     Record of certain reviews of control measures--other persons conducting a business or undertaking

              Subdivision 2 - Safety management system

   13.     Duty to establish and implement safety management system
   14.     Content of safety management system
   15.     Performance standards and audit
   16.     Maintenance
   17.     Review

              Subdivision 3 - Information to adjoining operators

   18.     Duty to provide information to operator of adjoining mine or petroleum site

              Subdivision 4 - Contractors
              Note

   19.     Definition
   20.     Duty on operator to provide information to contractor
   21.     Duty on contractor to provide information to operator
   22.     Contractor to prepare plan or use safety management system

           Division 2 - Principal hazard management plans

              Subdivision 1 - Identification of hazards

   23.     Identification of principal hazards and conduct of risk assessments

              Subdivision 2 - Principal hazard management plans

   24.     Preparation of principal hazard management plan
   25.     Review

           Division 3 - Principal control plans

   26.     Principal control plans

           Division 4 - Specific control measures--all mines and petroleum sites

              Subdivision 1 - Operational controls

   27.     Communication between outgoing and incoming shifts
   28.     Movement of mobile plant
           29, 30. (Renumbered)
   31.     Explosives and explosive precursors
   32.     Electrical safety
   33.     Notification of high risk activities
   34.     Prohibited items and substances
   35.     Closure, suspension or abandonment of mine or petroleum site
   36.     Minimum age to work at mine or petroleum site
   37.     Inspections

              Subdivision 2 - Air quality and monitoring
              Note

   38.     Temperature and moisture content of air
   39.     Ensuring exposure standards for dust and diesel particulate matter and carbon dioxide not exceeded
   40.     Monitoring exposure to airborne dust and diesel particulate matter and carbon dioxide
   41.     Air monitoring--use of devices
   42.     Air monitoring--signage

              Subdivision 3 - Fitness for work

   43.     Fatigue
   44.     Alcohol and drugs

           Division 4A - Specific control measures--all mines

   44A.    Operation of belt conveyors
   44B.    Mining induced seismic activity

           Division 5 - Specific control measures--underground mines

              Subdivision 1 - All underground mines--operational controls

   45.     Inrush hazards
   46.     Connecting workings
   47.     Winding systems
   48.     Ropes
   49.     Operation of shaft conveyances
   50.     Dust explosion
   51.     Communication systems
   52.     Ground and strata support
   53.     Exhaust emissions and fuel standards

              Subdivision 2 - All underground mines--air quality and ventilation
              Note

   54.     Air quality--airborne contaminants
   55.     Air quality--minimum standards for ventilated air
   56.     Air monitoring--air quality
   57.     Requirements if air quality and air safety standards not met
   58.     Records of air monitoring
   59.     Ventilation system--further requirements
   60.     Monitoring and testing of ventilation system
   61.     Modelling to take place before changes to ventilation system
   62.     Duty to prepare ventilation control plan
   63.     Review of ventilation control plan
   64.     Ventilation plan

              Subdivision 3 - Underground coal mines
              Note

   65.     Coal dust explosion
   66.     Spontaneous combustion
   67.     Subsidence
   68.     Sealing
   69.     Light metal alloys
   70.     Goaf areas and abandoned or sealed workings
   71.     Ventilation
   71A.    Air quality--minimum standards for ventilated air
   72.     Control and monitoring of methane levels
   73.     Gas monitoring
   74.     Portable gas detectors
   75.     Sampling and analysis of exhaust emissions
   76.     Requirements if air quality or safety standards not met
   77.     Post incident monitoring
   78.     Use of plant in hazardous zone (explosion-protection required)
   79.     Exceptions to explosion-protection requirements
   80.     Use of cables in hazardous zone
   81.     Internal combustion engines
   82.     Electrical safety--testing circuits in hazardous zone
   83.     Electrical safety--static charges
   84.     Persons required to be on duty

              Subdivision 4 - All coal mines

   85.     Inspection plan
   86.     Sampling and analysis of airborne dust
   87.     Ventilation and belt conveyor components to be FRAS

           Division 6 - Emergency management
           Note

              Subdivision 1 - Emergency plans

   88.     Duty to prepare emergency plan
   89.     Consultation in preparation of emergency plan
   90.     Implementation of emergency plan
   91.     Copies to be kept and provided
   92.     Resources for emergency plan
   93.     Testing of emergency plan
   94.     Review
   95.     Training of workers

              Subdivision 2 - Underground mines

   96.     Emergency exits
   97.     Safe escape and refuge
   98.     Signage for emergency refuge
   99.     Signage for caches, refill stations and change-over stations
   100.    Self-rescuers
   101.    Personal protective equipment in emergencies
   102.    Competent persons at surface

           Division 7 - Information, training and instruction

   103.    Duty to inform workers about safety management system
   104.    Duty to provide information, training and instruction
   105.    Duty to provide induction for workers
   106.    Information for visitors
   107.    Review of information, training and instruction
   108.    Record of training

   PART 3 - HEALTH MONITORING

   109.    Regulator may direct health monitoring to be provided to workers
   110.    Person conducting business or undertaking to give health monitoring report to operator of mine or petroleum site
           111-119. (Repealed)

   PART 4 - CONSULTATION AND WORKERS' SAFETY ROLE

   120.    Safety role for workers in relation to principal hazards
   121.    Duty to consult with workers

   PART 5 - SURVEY PLANS AND MINE PLANS

   122.    Survey plan must be prepared
   123.    Plans of mines (other than mine survey plans)
   124.    Review of survey plan
   125.    Survey plan to be available
   126.    Security of survey data
   127.    Survey plan to be provided to regulator

   PART 6 - PROVISION OF INFORMATION TO REGULATOR
   Note

   127A.   Report on decommissioned wells to be provided to regulator
   128.    Duty to notify regulator of certain incidents
   129.    Duty to notify regulator of other matters
   130.    Work health and safety reports
   131.    Ancillary reports
   132.    Duty to notify operator of notifiable incident

   PART 7 - MINE OR PETROLEUM SITE RECORD

   133.    Mine or petroleum site record
   134.    Record must be kept and available

   PART 8 - STATUTORY FUNCTIONS

           Division 1 - Preliminary

   135.    Definition

           Division 2 - Statutory functions at mines

   136.    Statutory functions
   137.    Obligations on mine operator
   138.    Obligation on nominee

           Division 2A - Statutory functions at petroleum sites

   138A.   Statutory functions
   138B.   Obligations on operator of petroleum site
   138C.   Obligation on nominee

           Division 3 - Practising certificates

   139.    Eligibility for practising certificate
   140.    Application for practising certificate
   141.    Grant of practising certificate
   142.    Interstate practising certificates
   143.    Conditions
   144.    Suspension and cancellation of practising certificate
   145.    Register of practising certificates

           Division 4 - Certificates of competence

   146.    Eligibility for certificate of competence
   147.    Application for certificate of competence
   148.    Grant of certificate of competence
   149.    Condition of certificate of competence
   150.    Cancellation of certificate of competence
   151.    Register of certificates of competence

   PART 9 - LICENSED ACTIVITIES AT COAL MINES

   152.    Activities to which Part applies
   153.    Activity not to be carried on without a licence
   153A.   Plant not to be used unless repair work carried on under a licence
   154.    Eligibility for licence
   155.    Application for licence
   156.    Grant of licence
   157.    Conditions
   158.    Suspension or cancellation of licences
   158A.   Voluntary surrender of licence
   158B.   Minor amendments to licence

   PART 10 - MINE SAFETY ADVISORY COUNCIL
   Note

   159.    Definitions
   160.    Membership of Council
   161.    Functions of Council
   162.    Procedure of Council

   PART 11 - MINING AND PETROLEUM COMPETENCE BOARD

   163.    Definition
   164.    Membership of Board
   165.    Chairperson of the Board
   166.    Functions of Board
   167.    Committees of Board

   PART 12 - SAFETY AND HEALTH REPRESENTATIVES AT COAL MINES

   168.    Qualifications of safety and health representatives
   169.    Election and removal of mine safety and health representative
   170.    Offences relating to elections
   171.    Safety and health representatives taken to be health and safety representatives
   172.    Training of mine safety and health representatives

   PART 13 - MISCELLANEOUS

   173.    Tourist mines
   173A.   Removal of gas from underground coal mine not petroleum operations
   174.    Government officials
   175.    Reviewable decisions
   176.    (Repealed)
   177.    Registration of plant designs and items of plant
   177A.   Shotfiring apparatus to be overhauled or repaired by accredited person
   178.    Serious injury or illness
   179.    Dangerous incidents
   180.    Prohibition notices
   181.    Corresponding WHS laws
   182.    Fees
   183.    Exemptions for mines and petroleum sites where only non-mechanical exploration occurs
   184.    Exemptions for certain gemstone mines and tourist mines
   185.    (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 10A
           SCHEDULE 11
           SCHEDULE 12
           SCHEDULE 13