(1)  A mine operator must, if there is a potential for in-rush or flooding at a mine, ensure that there is a major hazard management plan in respect of the risks to health and safety that are associated with such in-rush or flooding.

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 major hazard management plan in respect of the risks to health and safety that are associated with in-rush or flooding at a mine is to take into account each of the following matters, if the matter is relevant to the circumstances applying to the mine:

(a) the location of other workings and the accuracy of any plans of other workings;

(b) the strength of any ground between workings;

(c) the potential for hazards to arise associated with the accumulation of water, gas, rock or other substances;

(d) the location, design and construction of –

(i) dams, lagoons and tailings; and

(ii) any other bodies of water, or material, that could become uncontained and enter the mine;

(e) any other potential sources of in-rush material including, but not limited to, mine fill and torrential rain;

(f) the conditions that could lead to, or facilitate, sudden unplanned entry of in-rush material into the mine, including but not limited to weather conditions and topography;

(g) monitoring for critical factors that may occur that affect either the probability of any in-rush or the probable severity of the consequences of any in-rush.

(3)  Subregulation (2) does not limit the matters that may be taken into account in the major hazard management plan.

(4)  The major hazard management plan in respect of the risks to health and safety that are associated with in-rush or flooding is –

(a) to set out the measures that are to be taken, as far as is reasonably practicable, to reduce the risks; and

(b) to set out those measures in respect of each potential source of in-rush or flooding.

(5)  In determining the measures to be included for the purposes of subregulation (4) in a major hazard management plan in respect of the risks to health and safety that are associated with in-rush or flooding at a mine, the mine operator must consider, for each potential source of in-rush, whether or not it is reasonably practicable to remove or render harmless each such source.

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.