(1)  In this regulation –

exposure standard means an exposure standard in the Workplace Exposure Standard for Airborne Contaminants published by Safe Work Australia, as the standard is in force from time to time;

inhalable dust has the same meaning as in AS 3640 Workplace atmospheres – Method for sampling and gravimetric determination of inhalable dust;

respirable dust has the same meaning as in AS 2985 Workplace atmospheres – Method for sampling and gravimetric determination of respirable dust;

Safe Work Australia means Safe Work Australia as established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth;

time-weighted average concentration means the average airborne concentration of a particular substance when calculated over a normal 8-hour working day for a 5-day working week.

(2)  A reference in subregulation (1) to AS followed by a number is a reference to an Australian Standard of that designation published by Standards Australia and in force from time to time, and includes a standard published jointly by Standards Australia and Standards New Zealand.

(3)  A mine operator must ensure that in any workplace at the mine –

(a) the time-weighted average concentration –

(i) of respirable dust does not exceed 3.0 milligrams per cubic metre of air; and

(ii) of inhalable dust does not exceed 10.0 milligrams per cubic metre of air; or

(b) if the exposure standard for an atmospheric contaminant is set at a more stringent level than that specified in paragraph (a)  – the time-weighted average concentration of respirable dust or inhalable dust does not exceed that exposure standard.

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.