(1)  A mine operator must ensure that appropriate measures are taken to ensure, so far as is reasonably practicable, the safe design, construction, operation, use and maintenance of shafts, shaft conveyances and any equipment and structures integral to winding operations.

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)  A mine operator must ensure that –

(a) control measures are in place at the mine to –

(i) prevent, so far as is reasonably practicable, persons, rock, material and other things from falling down a shaft, winze or raise used in winding operations at the mine; and

(ii) protect, so far as is reasonably practicable, persons in the shaft, winze or raise against falling rock, material and other things; and

(b) a conveyance used in winding operations at the mine –

(i) is not unintentionally obstructed in its passage in the shaft during the operations; and

(ii) is prevented from colliding with other things in the shaft during the operations; and

(iii) has ways of preventing persons, rock, material and other things from unintentionally protruding from, or moving in, the conveyance; and

(c) a winder used at the mine has ways of –

(i) preventing overwind, overspeed and uncontrolled movement of a conveyance; and

(ii) stopping the winder if slack rope or excessive rope slip occurs; and

(d) the winder has a back-up system for preventing overwind and overspeed of a conveyance; and

(e) winding equipment at the mine includes arrestors or other devices to mitigate the effects of an overwind or fall; and

(f) each rope used for winding –

(i) has an appropriate safety factor, having regard to the operation for which the rope is used; and

(ii) is appropriately tested to ensure its safe performance; and

(g) the mine has a system of effective communication between persons operating, monitoring or using winding equipment and shaft conveyances 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.

(3)  The mine operator must ensure that the mine has written procedures for the monitoring, inspection, testing and maintenance of shafts, shaft conveyances and equipment and structures integral to winding operations used 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.

(4)  The mine operator must ensure that an emergency plan for the mine includes provision for emergency response in the event of a failure, or emergency, involving winding equipment or shaft conveyance.

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.