Contents (2007 - 631)
Mine Health and Safety Regulation 2007
Status information

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

Historical notes