WORK HEALTH AND SAFETY (MINES AND PETROLEUM SITES) REGULATION 2022

New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY (MINES AND PETROLEUM SITES) REGULATION 2022

- Made under the Work Health and Safety (Mines and Petroleum Sites) Act 2013
- As at 15 December 2023
- Reg 509 of 2022

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Name of Regulation
2. Commencement
3. Interpretation
4. Meaning of "principal hazard"

PART 2 - MINE AND PETROLEUM SITE OPERATORS--THE WHS (MPS) ACT, SS 7A AND 7C

Division 1 - Mines

5. Appointment of mine operator
6. Notification of mine operator to regulator
7. Mine operator to notify regulator of change to contact details
8. Additional requirements for opal mine holders and operators
9. Regulator may direct mine operators to be appointed

Division 2 - Petroleum sites

10. Appointment of petroleum site operator
11. Notification of petroleum site operator to regulator
12. Petroleum site operator to notify regulator of change to contact details
13. Regulator may direct petroleum site operators to be appointed

PART 3 - MANAGING RISKS--THE WHS ACT, SCH 3, CL 5

Division 1 - General requirements

Subdivision 1 - Control of risk

14. Management of risks to health and safety
15. Review of control measures
16. Record of certain reviews of control measures--operator
17. Record of certain reviews of control measures--other persons conducting a business or undertaking

Subdivision 2 - Safety management systems

18. Duty to establish and implement safety management system
19. Content of safety management system
20. Performance standards and audit
21. Maintenance of safety management system
22. Review of safety management system

Subdivision 3 - Provision of information

23. Duty to provide information to operator of adjoining mine or petroleum site
24. Duty on operator to provide information to contractor
25. Duty on contractor to provide information to operator
26. Contractor to prepare plan or use safety management system

Division 2 - Principal hazard management plans and principal control plans

27. Identification of principal hazards and conduct of risk assessments
28. Preparation of principal hazard management plan
29. Review of principal hazard management plan
30. Principal control plans

Division 3 - Specific control measures for all mines and petroleum sites

Subdivision 1 - Operational controls

31. Communication between outgoing and incoming shifts
32. Movement of mobile plant
33. Explosives and explosive precursors
34. Electrical safety
35. Notification of high risk activities
36. Prohibited items and substances
37. Closure, suspension or abandonment of mine or petroleum site
38. Minimum age to work at mine or petroleum site
39. Inspections

Subdivision 2 - Air quality and monitoring

40. Temperature and moisture content of air
41. Ensuring exposure standards for dust and diesel particulate matter and carbon dioxide not exceeded
42. Monitoring exposure to airborne dust and diesel particulate matter and carbon dioxide
43. Use of air monitoring devices
44. Use of air monitoring signage

Subdivision 3 - Fitness for work

45. Fatigue, alcohol and drugs

Division 4 - Specific control measures for all mines

46. Operation of belt conveyors
47. Mining induced seismic activity

Division 5 - Specific control measures for underground mines

Subdivision 1 - Operational controls for underground mines

48. Inrush hazards
49. Connecting workings
50. Winding systems
51. Ropes
52. Operation of shaft conveyances
53. Dust explosion
54. Communication systems
55. Ground and strata support
56. Exhaust emissions and fuel standards

Subdivision 2 - Air quality and ventilation for underground mines

57. Airborne contaminants
58. Minimum standards for ventilated air
59. Air quality
60. Requirements if air quality and air safety standards not met
61. Records of air monitoring
62. Ventilation systems
63. Monitoring and testing of ventilation system
64. Modelling to take place before changes to ventilation system
65. Duty to prepare ventilation control plan
66. Review of ventilation control plan
67. Ventilation plan

Subdivision 3 - Other measures for underground coal mines

68. Coal dust explosion
69. Spontaneous combustion
70. Subsidence
71. Sealing
72. Light metal alloys
73. Goaf areas and abandoned or sealed workings
74. Ventilation
75. Minimum standards for ventilated air
76. Control and monitoring of methane levels
77. Gas monitoring
78. Portable gas detectors
79. Requirements if air quality or safety standards not met
80. Post incident monitoring
81. Use of plant in hazardous zone--explosion-protection required
82. Exceptions to explosion-protection requirements
83. Use of cables in hazardous zone
84. Internal combustion engines
85. Electrical safety--testing circuits in hazardous zone
86. Electrical safety--static charges
87. Persons required to be on duty

Division 6 - Other specific control measures

88. Inspection plan
89. Sampling and analysis of airborne dust
90. Ventilation and belt conveyor components to be FRAS

Division 7 - Emergency management

Subdivision 1 - Emergency plans

91. Duty to prepare emergency plan
92. Consultation in preparation of emergency plan
93. Implementation of emergency plan
94. Copies to be kept and provided
95. Resources for emergency plan
96. Testing of emergency plan
97. Review of emergency plan
98. Training of workers

Subdivision 2 - Underground mines

99. Emergency exits
100. Safe escape and refuge
101. Signage for emergency refuge
102. Signage for caches, refill stations and change-over stations
103. Self-rescuers
104. Personal protective equipment in emergencies
105. Competent persons at surface

Division 8 - Information, training and instruction

106. Duty to inform workers about safety management system
107. Duty to provide information, training and instruction
108. Duty to provide induction for workers
109. Information for visitors
110. Review of information, training and instruction
111. Record of training

PART 4 - HEALTH MONITORING--THE WHS ACT, SCH 3, CLL 1(3) AND 6

112. Regulator may direct health monitoring be provided to workers
113. Person conducting business or undertaking to give health monitoring report to operator of mine or petroleum site

PART 5 - CONSULTATION AND WORKERS' SAFETY ROLE

114. Safety role for workers in relation to principal hazards--the WHS Act, s 276(3)(h) and Sch 3, cl 5
115. Duty to consult with workers--the WHS Act, ss 49 and 276(3)(h)

PART 6 - SURVEY PLANS AND MINE PLANS--THE WHS ACT, SCH 3, CL 6(3) AND (4)

116. Survey plan must be prepared
117. Preparation of survey plan
118. Review of survey plan
119. Survey plan to be available
120. Security of survey data
121. Survey plan to be provided to regulator
122. Other mine plans

PART 7 - PROVISION OF INFORMATION TO REGULATOR--THE WHS ACT, SCH 3, CL 6(4)

123. Report on decommissioned wells
124. Duty to notify regulator of certain incidents
125. Duty to notify regulator of other matters
126. Work health and safety reports
127. Ancillary reports
128. Duty to notify operator of notifiable incident

PART 8 - MINE AND PETROLEUM SITE RECORDS--THE WHS ACT, SCH 3, CL 6(2)

129. Mine and petroleum site records
130. Record keeping

PART 9 - STATUTORY FUNCTIONS--THE WHS ACT, SCH 3, CL 7

Division 1 - Preliminary

131. Definition

Division 2 - Statutory functions at mines

132. Statutory functions
133. Obligations on mine operator
134. Obligations on nominee

Division 3 - Statutory functions at petroleum sites

135. Statutory functions
136. Obligations on operator of petroleum site
137. Obligations on nominee

Division 4 - Practising certificates

138. Eligibility for practising certificate
139. Application for practising certificate
140. Grant of practising certificate
141. Interstate practising certificates
142. Conditions of practising certificates
143. Suspension or cancellation of practising certificate
144. Suspension of practising certificate for investigation
145. Notice of suspension or cancellation of practising certificate
146. Register of practising certificates

Division 5 - Certificates of competence

147. Eligibility for certificate of competence
148. Application for certificate of competence
149. Grant of certificate of competence
150. Condition of certificate of competence
151. Cancellation of certificate of competence
152. Register of certificates of competence

PART 10 - LICENSED ACTIVITIES--THE WHS ACT, SCH 3, CL 7

153. Activities to which Part applies
154. Activity not to be carried out without licence
155. Plant not to be used unless overhaul or repair work carried out under licence
156. Eligibility for licence
157. Application for licence
158. Grant of licence
159. Licence conditions
160. Suspension or cancellation of licence
161. Voluntary surrender of licence
162. Minor amendments to licence

PART 11 - MINE SAFETY ADVISORY COUNCIL--THE WHS (MPS) ACT, SS 61 AND 62

163. Definitions
164. Membership of Council
165. Functions of Council
166. Procedure of Council

PART 12 - MINING AND PETROLEUM COMPETENCE BOARD--THE WHS (MPS) ACT, PART 8, DIV 2

167. Definition
168. Membership of Board--the WHS (MPS) Act, s 65
169. Chairperson of Board--the WHS (MPS) Act, s 65
170. Functions of Board--the WHS (MPS) Act, s 67
171. Committees of Board--the WHS (MPS) Act, s 66

PART 13 - SAFETY AND HEALTH REPRESENTATIVES AT COAL MINES

172. Qualifications of safety and health representatives--the WHS (MPS) Act, ss 28(1) and 38(1) and (2)
173. Election and removal of mine safety and health representatives--the WHS (MPS) Act, s 39(1)
174. Offences relating to elections--the WHS (MPS) Act, s 39(1)
175. Safety and health representatives taken to be health and safety representatives--the WHS (MPS) Act, Sch 2, cl 2
176. Training of mine safety and health representatives--the WHS (MPS) Act, s 45

PART 14 - EXEMPTIONS--THE WHS ACT, S 276(3)(E) AND (F) AND SCH 3, CL 7(1)(C)

177. Exemptions for mines and petroleum sites where only non-mechanical exploration occurs
178. Exemptions for certain gemstone mines, tourist mines and tier-3 quarries
179. Exemption from compliance with standards
180. Exemption for quarry managers from meeting requirements for nomination
181. Exemption for tier-3 quarry managers from meeting requirements for nomination
182. Exemptions from certain notification requirements

PART 15 - MISCELLANEOUS

183. Tourist mines--the WHS (MPS) Act, s 6
184. Removal of gas from underground coal mines--the WHS (MPS) Act, ss 7 and 7B
185. Government officials--the WHS (MPS) Act, s 18(3)(d)
186. Reviewable decisions--the WHS Act, Sch 3, cl 14
187. Registration of plant designs and items of plant--the WHS Act, s 42
188. Shotfiring apparatus to be overhauled or repaired by accredited person--the WHS Act, Sch 3, cl 2
189. Serious injury or illness--the WHS (MPS) Act, s 14
190. Dangerous incidents--the WHS (MPS) Act, s 14
191. Prohibition notices--the WHS (MPS) Act, s 50(2)
192. Corresponding WHS laws--the WHS Act, s 4
193. Fees--the WHS Act, s 276(3)(g)
194. Savings
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SCHEDULE 8
SCHEDULE 9
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SCHEDULE 14
SCHEDULE 15

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