New South Wales Consolidated Regulations

MINE HEALTH AND SAFETY REGULATION 2007

- Made under the Mine Health and Safety Act 2004
- As at 21 October 2009
- Reg 631 of 2007

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Obligations to control risk
   5.      Responsibilities held by more than one person
   6.      Regulation to be read in conjunction with the OH&S legislation
   7.      Act not to apply to certain mines or places

   PART 2 - OPERATOR OF A MINE

   8.      Nomination of operator by mine holder
   9.      Changes in details provided in nomination
   10.     Keeping of record of operator
   11.     Person declared as operator by Chief Inspector to provide information
   12.     Mine holder to give operator health and safety information
   13.     Duty of operator to review information

   PART 3 - DUTIES OF OPERATORS RELATING TO HEALTH, SAFETY AND WELFARE AT MINES
   Note

           Division 1 - Mine safety management plan
           Note

   14.     Additional contents of mine safety management plan

           Division 2 - Management structure
           Note

              Subdivision 1 - Contents of management structure

   15.     Management structure to include production manager

              Subdivision 2 - Appointment of production manager

   16.     Production manager to be appointed
   17.     Chief Inspector may require production manager to be appointed
   18.     Operator to inform Chief Inspector of appointment of production manager

              Subdivision 3 - Production manager permits
              Note

   19.     Chief Inspector may grant production manager permit
   20.     Application for production manager permit
   21.     Eligibility for production manager permit
   22.     Determination of application
   23.     Notice of refusal
   24.     Amendment of conditions of production manager permit
   25.     Suspension and cancellation of production manager permits
   26.     Production manager permit to be returned to Chief Inspector
   27.     Replacement of lost, stolen or damaged production manager permit
   28.     Register of production manager permits

           Division 3 - Duties regarding contractors

   29.     Content of contractor management plan
   30.     Application of Subdivision 4 of Division 2 of Part 5 of Act to contractors
   31.     Application of Division 6 of Part 5 of Act to contractors

           Division 4 - Emergency management
           Note

   32.     Contents of emergency plan
   33.     Provision of means of escape
   34.     Escape and rescue plan

   PART 4 - OH&S RISK ASSESSMENTS RELATING TO PRESCRIBED HAZARDS
   Note

           Division 1 - General considerations

   35.     General considerations

           Division 2 - Particular considerations

   36.     Ground instability
   37.     Inrush
   38.     Shaft design, construction and use
   39.     Use of conveyors and earth moving machinery
   40.     Fire and explosion
   41.     Handling of explosives
   42.     Electricity
   43.     Mine road design and construction

           Division 3 - Documentation of OH&S risk assessments
           Note

   44.     Preparation of documentation
   45.     Keeping of documentation

   PART 5 - RISK CONTROLS
   Note

           Division 1 - Particular risk controls

              Subdivision 1 - Ground instability

   46.     Mine safety and stability

              Subdivision 2 - Inrush

   47.     Control of risk of inrush

              Subdivision 3 - Atmosphere
              Note

   48.     Ventilation
   49.     Minimisation of pollutants from diesel plant

              Subdivision 4 - Shaft design, construction and use

   50.     Safety and health
   51.     Safe work method statements
   52.     Shaft conveyances

              Subdivision 5 - Fire and explosion

   53.     Preventative measures

              Subdivision 6 - Explosives
              Note

   54.     Definition of “handle”
   55.     Persons handling explosives must be licensed or authorised
   56.     Register of persons handling explosives
   57.     Coordination and communication with persons handling explosives

              Subdivision 7 - Electrical safety
              Note

   58.     Compliance with standards
   59.     Safe work procedures
   60.     Testing of electrical installation
   61.     Maintenance of electrical installations
   62.     Electrical cut-outs
   63.     Earth continuity protection
   64.     Prevention of connection in the event of earth fault
   65.     Effective earthing
   66.     Installation of switch gear
   67.     Persons to have appropriate electrical qualifications
   68.     Co-operation with electricity supply authority

              Subdivision 8 - Structures and buildings

   69.     Design, construction and maintenance of structures and buildings
   70.     Risk to persons to be controlled
   71.     Information regarding risks
   72.     Communication of information regarding risks

           Division 2 - Documentation of risk control measures

   73.     Preparation of documentation
   74.     Keeping of documentation

           Division 3 - Controlled areas and waste materials

   75.     Safety and health
   76.     Mine excavations
   77.     Construction zones
   78.     Disused workings
   79.     Abandoned mine to be protected

   PART 6 - WORKING ARRANGEMENTS

           Division 1 - Hours of work

   80.     Chief Inspector may require alteration of hours of work
   81.     Recording of hours of work

           Division 2 - Fitness for work

   82.     Fitness for work program
   83.     Drugs and alcohol

           Division 3 - Minimum age for underground work
           Note

   84.     Minimum age for underground work
   85.     Records of employment

           Division 4 - Health surveillance of persons at work
           Note

   86.     Provision of health surveillance
   87.     Records of health surveillance
   88.     Records to be provided to employee
   89.     Records to be made available
   90.     Division not to apply to opal mines

   PART 7 - MINE PLANS
   Note

           Division 1 - Obligation to prepare and retain mine plan

   91.     Application of Division
   92.     Obligation to prepare and retain mine plan
   93.     Contents of mine plan
   94.     Updating of mine plan

           Division 2 - Additional arrangements in relation to mine plans for certain mines

   95.     Application of Division
   96.     Additional contents of mine plan
   97.     Updating additional contents of mine plans
   98.     Preparation of mine plan by registered mining surveyor
   99.     Certification of mine plan
   100.    Access to mine plans by authorised persons
   101.    Operator may be required to rectify a mine plan
   102.    Duty of operator when ceases to operate mine
   103.    Plans of mines to be abandoned to be sent to Director-General

           Division 3 - Arrangements in relation to surveys for certain mines

   104.    Application of Division
   105.    Arrangements in relation to surveys
   106.    Chief Inspector may require a check survey

           Division 4 - Duties of mining surveyors

   107.    Application of Division
   108.    Duties of mining surveyors

   PART 8 - COMPETENCE STANDARDS

           Division 1 - Key obligations

   109.    Functions to which Part 9 of Act applies and evidence of competence to perform those functions

           Division 2 - Development of competence standards

   110.    Development of competence standards

           Division 3 - Assessment of competence standards

   111.    Guidelines for assessment of competence standards
   112.    Assessment of competence standards
   113.    Conduct of examinations
   114.    Appointment and functions of examiners

           Division 4 - Certificates of competence

   115.    Board’s recommendation to be considered
   116.    Board may refuse recommendation
   117.    Refusal of certificates of competence
   118.    Replacement of certificates of competence
   119.    Functions that holder of certificate of competence can perform

           Division 5 - Maintenance of competence

   120.    Maintenance of competence

           Division 6 - Suspension and cancellation of certificates of competence

   121.    Suspension and cancellation of certificates
   122.    Immediate suspension
   123.    Cancelled certificates to be surrendered

           Division 7 - Restoration of certificates of competence

   124.    Restoration of certificates

           Division 8 - Declarations that a person’s competence is not recognised

   125.    Ministerial declarations that a person’s competence is not recognised
   126.    Certificates to be surrendered

           Division 9 - Miscellaneous

   127.    Register of certificates of competence

   PART 9 - METALLIFEROUS MINES AND EXTRACTIVE INDUSTRIES COMPETENCE BOARD

           Division 1 - Constitution of Board

   128.    Nomination of panels for appointment as members
   129.    Terms of office of members
   130.    Remuneration
   131.    Vacancy in office of member
   132.    Filling of vacancy in office of member
   133.    Chairperson and Deputy Chairperson
   134.    Disclosure of pecuniary interests

           Division 2 - Committees of Board

   135.    Committees of Board

           Division 3 - Procedure of Board

   136.    General procedure
   137.    Quorum
   138.    Presiding member
   139.    Voting
   140.    Transaction of business outside meetings or by telephone
   141.    Record of proceedings
   142.    First meeting

   PART 10 - NOTIFICATIONS, RECORDS AND REPORTING

           Division 1 - Notifications of certain operations and activities

   143.    Notification of drilling operations
   144.    Notification of certain activities and operations

           Division 2 - Notifications of certain incidents
           Note

   145.    Notification of certain incidents at mines
   146.    Notification of certain incidents at or in relation to mines
   147.    Time for giving notice of incidents
   148.    Form of notice
   149.    Ancillary reports
   150.    Period of non-disturbance

           Division 3 - Inquiries

   151.    Terms of reference of Boards of Inquiry
   152.    Prospective appointees to Boards of Inquiry

           Division 4 - Keeping of records and reporting
           Note

   153.    Workplace injury records
   154.    Chief Inspector to be informed
   155.    Workplace injury reports
   156.    Retention of records
   157.    Records to be made available

   PART 11 - MISCELLANEOUS

           Division 1 - Chief Inspector’s powers where mine is dangerous

   158.    Chief Inspector may impose prohibitions or restrictions or direct evacuation or closure of mine
   159.    Objections to notice
   160.    Notice to be complied with even if objection or appeal
   161.    Offence

           Division 2 - Oversight of mines

   162.    Government official may request information
   163.    Certain advice to be in writing

           Division 3 - Reviewable decisions

   164.    Decisions reviewable by Administrative Decisions Tribunal

           Division 4 - Exemptions

   165.    Exemptions for particular persons on application
   166.    Exemptions for classes of persons or things
   167.    Register of exemptions

           Division 5 - Other matters

   168.    Determination of fees and charges by the Minister
   169.    Chief Inspector may publish material relating to safety or health
   170.    Availability of Gazetted matters
   171.    Penalty for contravention of regulation

   PART 12 - SAVINGS AND TRANSITIONAL PROVISIONS

   172.    Saving of production manager permits
   173.    Saving of certain actions of Metalliferous Mines and Extractive Industries Competence Board
   174.    Saving of appointments as inspector
   175.    Transitional provision relating to regulation of shafts and winding gear
   176.    Transitional provision relating to mine plans for mines with less than 20 persons
   177.    Transitional provision relating to workplace injury recording and reporting
   178.    Application of clause 17 of Schedule 5 to the Act
   179.    Nomination of employer as operator of mine
   180.    Hours of work