(1)  The mine operator at a mine must ensure, so far as is reasonably practicable, that the design and construction (including the width, gradient, camber, radius of curvature of bends and berms or bunding) of each road and other area on or in which vehicles are operated at the mine –

(a) are such as to enable the safe operation of all powered mobile equipment authorised to travel on the road or in the area; and

(b) take into account –

(i) the size, speed, loads and operating characteristics of the equipment to be used, including the line of sight from such equipment; and

(ii) the pit or mine conditions, including drainage and the effects of weather, on the road or in the area.

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 each road and other area at the mine on or in which vehicles operate is maintained so as to enable the safe operation of all powered mobile equipment authorised to travel on the road or in the area.

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 an adequate berm or bund of material is provided on the outer edge of roadways in the open pit and on the outer edge of any roadway on the surface adjacent to a bank or steep slope.

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.