(1)  A mine operator must, so far as is reasonably practicable, ensure that the ventilation in a place where a person may be present at the mine is sufficient to achieve a healthy atmosphere.

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 of an underground mine must ensure that the mine’s ventilation system is designed, installed, maintained, and monitored, so that –

(a) so far as is reasonably practicable, the ventilation circuits at the mine do not allow airflows to recirculate; and

(b) ventilating air does not pass through so many work areas that it becomes unfit to breathe; and

(c) contaminated air is not used for ventilation; and

(d) ventilating air provided for the mine is of sufficient volume, velocity, and quality, to remove atmospheric contaminants resulting from blasting and other mining operations; and

(e) structures that regulate airflows are maintained in operating condition; and

(f) all major ventilating fans, air doors, brattices or other ventilating devices or controls in use at the mine are recorded on the mine plans.

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 ensure that –

(a) persons are prevented from entering an enclosed or underground area at the mine until the mine operator is satisfied that there is adequate ventilation in the area; and

(b) procedures are established and followed at the mine to ensure that, following blasting activities in the mine, persons do not enter any area where –

(i) toxic, asphyxiant or explosive gases arising from the blasting have not been effectively dispersed; or

(ii) the mine may not contain 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.