(1)  The mine operator must ensure that the air throughout the mine contains a safe level of oxygen.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(2)  The mine operator must ensure that adequate precautions are taken to monitor, and control the risk to health and safety from, the formation or emission of toxic, asphyxiant and explosive gases in the mine.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(3)  The mine operator must determine the circumstances under which it would be appropriate to –

(a) withdraw persons from the mine because it does not contain a safe level of oxygen or contains toxic, asphyxiant or explosive gases; or

(b) allow entry for appropriately protected personnel to rescue persons, or remedy the situation, where the mine does not contain a safe level of oxygen or contains toxic, asphyxiant or explosive gases; or

(c) apply process engineering and other atmospheric control measures to reduce the level of toxic, asphyxiant and explosive gases and to ensure that there is a safe level of oxygen at the mine; or

(d) provide information to, and consult with, relevant workers regarding the potential risk to health and safety and the measures to be taken to prevent or reduce the risk to health and safety of exposure to toxic, asphyxiant or explosive gases or from the absence of a safe level of oxygen at the mine.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.