Contents (2006 - 783)
Coal Mine Health and Safety Regulation 2006
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 responsible person
6 Act does not apply to certain places

Part 2 Duties relating to health, welfare and safety at coal operations

Note

Division 1 Operators of coal operations

7 Nomination of operator by colliery holder
8 Changes in details provided in nomination
9 Keeping of record of operator
10 Register of operators of coal operations
11 Colliery holder must give operator health and safety information
12 Duty of operator to review information

Division 2 Health and safety management systems generally

Subdivision 1 Health and safety management systems generally

Note
13 Additional components of health and safety management system
14 Health and safety management systems must be consistent with Australian Standard

Subdivision 2 Contents of additional components of health and safety management systems

Note
15 Inspection program
16 Information and communication arrangements
17 Supervision arrangements
18 Monitoring arrangements
19 Electrical engineering management plan
20 Mechanical engineering management plan
21 Ventilation arrangements

Subdivision 3 Other matters

22 Information to be supplied to Chief Inspector and industry check inspector
23 Period for re-submission of health and safety management system
24 Information to be supplied on amendment of health and safety management system
25 Withdrawal or revision of amendment of health and safety management system
26 Amendments to health and safety management system that may not be implemented immediately
27 Former operator must return information

Division 3 Major hazards and major hazard management plans

Note

Subdivision 1 Preliminary

28 Prescribed major hazards

Subdivision 2 Contents of major hazard management plans

Note
29 Contents of major hazard management plan: slope stability management plan
30 Contents of major hazard management plan: surface transport management plan
31 Contents of major hazard management plan: underground transport management plan
32 Contents of major hazard management plan: strata failure management plan
33 Contents of major hazard management plan: inrush management plan
34 Director-General to make certain information available
35 Contents of major hazard management plan: fire and explosion management plan
36 Contents of major hazard management plan: dust explosion management plan
37 Contents of major hazard management plan: explosives management plan
38 Contents of major hazard management plan: airborne dust management plan

Subdivision 3 Government official may require sampling

39 Government official may require sampling

Division 4 Duties relating to contractors

40 Content of contractor management plan
41 Application of Part 5 of the Act to contractors
42 Application of Division 6 of Part 5 of the Act to contractors
43 Contractor must prepare and implement OH&S management plan

Division 5 Other matters

44 Contents of management structure
45 Contents of emergency management system
46 Information to be supplied on amendment of emergency management system
47 Escape and rescue plan
48 Fire fighting plan
49 High risk activities, waiting periods and information required
50 Information concerning high risk activities

Division 6 Chief Inspectors’ powers where coal operation is dangerous

51 Chief Inspector may impose prohibitions or restrictions or direct evacuation or closure of coal operation
52 Objections to notice
53 Notice to be complied with even if objection or appeal
54 Offence

Part 3 Notifications

Division 1 Notification of certain incidents

55 Notification of certain incidents at or in relation to coal operations: section 110 (1) (b) of the Act
56 Notification of certain incidents at or in relation to coal operations: section 110 (1) (c) of the Act
57 Notification of certain incidents at coal exploration sites: section 110 (2) (b) of the Act
58 Form of notice
59 Ancillary reports
60 Period of non-disturbance may be shortened

Division 2 Inquiries

61 Terms of reference of Boards of Inquiry
62 Prospective appointees to Boards of Inquiry

Division 3 Notifications to Chief Inspector

63 Duty to give notice of drilling operations
64 Other duties to give notice

Part 4 Safety at coal operations

Division 1 Controlled materials, plant and practices

Subdivision 1 Controlled materials, plant and practices

Note
65 Smoking materials not to be taken underground or into designated areas
66 Aluminium or light metal alloys
67 Flammable materials
68 Combustible liquid storage
69 Prohibition on use of certain fuelled plant in underground mines
70 FRAS materials
71 Lasers
72 Overhead power lines and cables
73 Diesel fuel
74 Diesel engines
75 Diesel particulate matter
76 Plant requirements

Subdivision 2 Belt conveyors on surface of coal operation

77 Assessment of risk of fire on belt conveyor
78 Detection and control of fire on belt conveyor

Subdivision 3 Belt conveyors in underground mines

79 Application of Subdivision
80 Use of conveyors in dusty places
81 Installation and operation of belt conveyors
82 Cleaning of underground roadways

Subdivision 4 Controlled practices

83 Isolation arrangements
84 Working alone in the underground parts of an underground mine
85 Working accompanied at a face in the underground parts of an underground mine
86 Conveyor riding
87 Construction zones

Subdivision 5 Bord and pillar systems

88 Bord and pillar system to be used in underground mines

Subdivision 6 Records and reporting

89 Records of plant
90 Offence relating to reporting of health or safety matters

Division 2 Coal dust

Subdivision 1 Coal dust explosion prevention and suppression

91 Maintenance of incombustible content of roadway dust
92 Reduction of levels of incombustible content of roadway dust in certain circumstances
93 Review of operator’s determinations of maximum likely gas concentrations
94 Restrictions on use of stone dust
95 Explosion barriers and other explosion suppression measures in roadways

Subdivision 2 Sampling and testing of roadway dust

96 Appointment of explosion suppression officers
97 Functions of explosion suppression officers
98 Appointment of further people to collect roadway dust samples
99 Person to accompany explosion suppression officer on visits to underground mine
100 Method of taking roadway dust samples
101 Testing roadway dust samples

Division 3 Ventilation

Subdivision 1 Ventilation officers

102 Appointment and qualifications of ventilation officer
103 Functions of ventilation officer
104 Measurement of concentrations of gases in air
105 Measurements to be recorded
106 Monthly status reports

Subdivision 2 Regulation of ventilation

107 Parts of an underground mine not to be worked unless sufficiently ventilated
108 Ventilation regulators
109 Procedure where ventilation inadequate
110 Temperatures in an underground mine
111 Precautions against emissions from goaf of flammable or noxious gas
112 Ventilation at commencement of hazardous zone
113 Minimum airflow
114 Special ventilation required at certain places

Subdivision 3 Ventilation failures

115 Failure of ventilation fans constitutes failure of the main ventilation system
116 Failure of main ventilation system
117 Operator’s duty where failure of main ventilation system

Subdivision 4 Fan installations

118 Ventilation fans
119 Provision and maintenance of airlocks
120 Provision and maintenance of certain plant
121 Installation of monitoring system
122 Auxiliary ventilation fans

Subdivision 5 Doors, sheets, stoppings and air crossings

123 Provision of fireproof doors
124 Ventilating sheet and non-metallic ventilating ducting
125 Leakage of air through sheets or ducts to be minimised
126 Stoppings and air crossings

Subdivision 6 Presence of flammable or noxious gases

127 Procedure where risky conditions exist by reason of the presence of flammable or noxious gases
128 Procedure where other risky conditions exist

Subdivision 7 Periodic audit of ventilation arrangements

129 Engagement and qualifications of ventilation engineers
130 Periodic audit of ventilation arrangements

Division 4 Escape

131 Provision of means of escape
132 Familiarising people with means of escape
133 Self-rescuer

Division 5 Operation of transport

134 Only specifically appointed and trained people can operate transport
135 Defects in transport
136 Engine not to be left running
137 Operation of transport

Division 6 Surveys and certified plans

Note
138 Surveys
139 Mine record tracings to be sent to Director-General
140 Duty of operator when ceases to operate coal operation
141 Security of mine record tracings
142 Supply of record tracing
143 Duties of mining surveyors

Division 7 Underground work by children and young people

144 Minimum age for underground work
145 Records

Division 8 Exercise of functions by people

146 Exercise of functions by people
147 Assessment of competence of people

Division 9 Fitness for work program

148 Fitness for work program

Part 5 Certain activities require licence

149 Definitions
150 Licensable activity not to be carried on without a licence
151 Operator’s obligations
152 Applications for licences
153 Eligibility for licence
154 Determination of applications
155 Notice of refusal
156 Term of licences
157 Condition of licence relating to supervision
158 Amendment of conditions of licences
159 Licences to be displayed
160 Suspension or cancellation of licences
161 Cancelled licences to be returned to the Chief Inspector

Part 6 Competence standards

Division 1 Key obligations

162 Functions to which Part 9 of the Act applies and evidence of competence to perform those functions

Division 2 Development of competence standards

163 Development of competence standards

Division 3 Assessment of competence standards

164 Guidelines for assessment of competence standards
165 Assessment of competence standards
166 Conduct of examinations
167 Appointment and functions of examiners

Division 4 Certificates of competence

168 Granting of certificates of competence subject to Board’s recommendation
169 Refusal to grant certificates of competence
170 Refusal of certificates of competence
171 Replacement of certificates of competence
172 Range of specified functions that the holder of specified evidence of competence can perform

Division 5 Maintenance of competence

173 Maintenance of competence

Division 6 Suspension or cancellation of certificates

174 Suspension or cancellation of certificates
175 Immediate suspension
176 Cancelled certificates must be surrendered

Division 7 Restoration of certificates

177 Restoration of certificates

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

178 Ministerial declarations that a person’s competence is not recognised
179 Certificates must be surrendered

Division 9 Miscellaneous

180 Register of certificates of competence
181 Fees

Part 7 Coal Competence Board

Division 1 Constitution of Board

182 Nomination of panels for appointment as members
183 Terms of office of members
184 Remuneration
185 Vacancy in office of member
186 Filling of vacancy in office of member
187 Chairperson and Deputy Chairperson
188 Disclosure of pecuniary interests

Division 2 Committees of Board

189 Committees of Board

Division 3 Procedure of Board

190 General procedure
191 Quorum
192 Presiding member
193 Voting
194 Transaction of business outside meetings or by telephone
195 Record of proceedings
196 First meeting

Part 8 Check inspectors

197 Training of site check inspectors
198 Qualifications for industry check inspectors
199 Functions of industry check inspectors

Part 9 Exemptions

200 Exemptions for particular people on application
201 Exemptions for classes of people or things
202 Register of exemptions

Part 10 Miscellaneous

Division 1 Workplace injury records and reporting

203 Meaning of “workplace injury”
204 Workplace injury records
205 Chief Inspector to be informed
206 Workplace injury reports

Division 2 Other matters

207 Retention of records
208 Government official’s advice
209 Decisions reviewable by the Administrative Decisions Tribunal
210 Determination of fees and charges by the Minister
211 Chief Inspector may publish material relating to safety or health
212 Availability of Gazetted matters
213 Penalty for contravention of regulation
214 Savings and transitional provisions

 Schedule 1 Places to which Act does not apply

 Schedule 2 Savings and transitional provisions

Historical notes