Mines and Works Inspection Regulations 2013

These regulations may be cited as the Mines and Works Inspection

Regulations 2013.

In these regulations, unless the contrary intention appears—

Act means the Mines and Works

Inspection Act 1920;

amenity of an area or place includes any quality or condition of the area or place that conduces to its biological, physical or cultural value;

approved means approved by the Chief

Inspector;

authorised person means a person authorised under section 7 of the Act to inspect a mine;

business day means a day other than a Saturday,

Sunday or a public holiday;

Chief Inspector means the Chief Inspector of

Mines;

competent person means a person who is suitably qualified (whether by experience, training, or both) to carry out the work or function described in the relevant regulation;

Department means the administrative unit of the

Public Service that is, under the Minister, responsible for the administration of this Act;

Director means the Chief Executive of the

Department;

petroleum has the same meaning as in the

Petroleum and Geothermal Energy

Act 2000;

precious stones has the same meaning as in the

Opal Mining Act 1995;

precious stones field means a precious stones field under the Opal Mining

Act 1995;

quarry means a quarry, open cut, gravel pit, sand pit, clay pit, borrow pit or other excavation, other than an underground mine, made in the natural surface of the ground for the purpose of recovering any mineral, and includes works;

site means the place where or under which mining operations have been or are being carried out, and includes the area in the vicinity of that place;

top soil means the surface soil of land in its natural state, distinguishable from overburden;

underground mine means an excavation made in order to conduct operations underground for the purpose of recovering any mineral, and includes works.

If a regulation refers to the number of persons working in a mine then, for the purposes of computing the number of those persons, the owner of the mine will not be included but a contractor will be included if the contractor is working in the mine.

The owner of a mine must not—

prepare or develop a new deposit for the extraction of a mineral;

or

open up or commence to rework an old mine or a previously worked deposit; or

commence work for the construction of a building or plant for the treatment of a mineral at the site of the mine, or allow such an activity to occur, without the written approval of the

Chief Inspector or a designated person.

The owner of a mine must, at least 21 days before an activity referred to in subregulation (1) is proposed to be undertaken, furnish the Chief Inspector or a designated person with a notice, in writing, setting out details of the activity that is to be undertaken (and those details must be sufficient to enable the Chief Inspector or a designated person to make a decision for the purposes of subregulation (1)).

This regulation does not apply to—

mining operations being carried out under a lease or licence under the Mining Act 1971; or

the recovery of precious stones on a precious stones field;

or

the recovery of petroleum.

In this regulation—

designated person means a person authorised in writing by the Chief Inspector to give an approval under this regulation.

The owner of a mine must, within 3 business days after—

the acquisition of the mine (being a working mine) by the owner;

or

the commencement of work at a mine; or

the recommencement of work at a mine after a cessation of work, furnish the Chief Inspector with a notice in writing setting out—

the full name and address of the owner; and

the situation of the mine; and

the mineral or substance being mined or worked (or to be mined or worked); and

the estimated number of persons employed (or to be employed) at the mine.

In this regulation—

cessation of work does not include a cessation for holidays or repairs, or on account of industrial action.

The Chief Inspector may, by notice in writing served on the owner of a mine, require that 1 or more of the following be prepared within the time specified in the notice:

accurate maps, plans or sections of the mine, and its immediate environs;

development programs for the mine.

The owner of a mine to whom a notice is directed under subregulation (1) must ensure—

that a map, plan, section or program required by the notice is prepared in accordance with the requirements of the notice and the requirements of Schedule 2 specified in the notice; and

that 3 copies of each map, plan, section or program are delivered to the Chief Inspector at the principal office of the Department within the time required by the notice; and

that the original (or an accurate copy) of each map, plan, section or program is kept at the mine office; and

—

that each map, plan and section is, at intervals not exceeding

7 years, and immediately before the abandonment of the mine, updated to show the current workings and operations of the mine, or the state of the mine, that 3 copies of each updated document are then immediately delivered to the Chief Inspector, and that the original (or an accurate copy) of each updated document is kept at the mine office; and

that a development program is, at intervals not exceeding

7 years or such other period as the Chief Inspector may determine, updated, that 3 copies of the updated document is then immediately delivered to the Chief Inspector, and that the original (or an accurate copy) of the updated document is kept at the mine office.

The owner of a mine to whom a notice is directed under subregulation (1) must ensure that all maps, plans, sections and programs are drawn to scales approved by the Chief Inspector and are sufficient to show clearly all relevant detail.

The owner of a mine who is required to prepare or update a development program under this regulation must not carry out, or allow to be carried out, work that adversely affects, or is likely to adversely affect, the amenity of the site of the mine unless or until—

the Chief Inspector has approved the development program, in its original form or as updated, as the case may require; or

the Chief Inspector has given a specific approval for the work.

The owner of a mine must not carry out, or allow to be carried out, work that is contrary to, or inconsistent with, the provisions of a relevant development program.

An inspector or authorised person may, at any reasonable time, with or without an assistant, inspect and examine any map, plan, section or program kept at a mine.

A person who has the possession, custody or control of a map, plan, section or program kept at a mine must, at the request of an inspector or authorised person, produce the document for inspection or examination.

The owner of a mine must, at the request of an inspector or authorised person (in connection with the operation of the mine)—

cause the inspector or authorised person to be lowered into, or raised from, a shaft or otherwise mechanically transported within any workings;

ensure that the inspector or authorised person has access to all parts of the mine, and all plant and machinery at the mine;

do all things necessary to enable an inspection of the mine to occur.

The owner of a mine must—

provide and install at the mine the materials and equipment that are necessary to enable compliance with these regulations; and

ensure that these materials and equipment are maintained in good condition and are used appropriately.

If a contractor is operating in a mine, the contractor is under the same duty as the owner of the mine under subregulation (1) in relation to material and equipment in that part, or those parts, of the mine in which the contractor is operating, and to or for those persons to whom the contractor's powers and authority extend.

In this regulation—

equipment includes all types of machinery, plant, appliances, tools and articles.

A person who carries out a mining operation or an associated, incidental or ancillary activity must ensure that the operation or activity is carried out so as to minimise interference with the amenity of the area.

A person who carries out a mining operation or an associated, incidental or ancillary activity must ensure that vegetation within and around the site of the operation or activity is not unnecessarily interfered with, damaged or cut down.

A person who carries out a mining operation or an associated, incidental or ancillary activity must not create a nuisance through the production of undue or excessive noise or dust.

A person who carries out a mining operation or an associated, incidental or ancillary activity must not allow the operation or activity to cause the sea, groundwater, or a river, tributary, stream, dam, watercourse, billabong or other body of water, to become degraded.

A person who carries out a mining operation must ensure—

that any top soil that must be removed for the purposes of the mining operation, that can be collected separately from the overburden, and that is suitable for subsequent use in connection with revegetation measures as

part of the rehabilitation of the site, is stored (on its removal) in a manner that maximises its usefulness for rehabilitation purposes; and

so far as is reasonably practicable, that any top soil that is being stored is protected from undue wind and water erosion.

A person who carries out a mining operation must not place products, overburden, waste material, dams or materials so as to—

interfere with (or potentially interfere with) natural drainage;

or

cause (or potentially cause) damage to property; or

unduly interfere with the amenity of the area; or

permit the degradation of the sea, groundwater, or a river, tributary, stream, dam, watercourse, billabong or other body of water.

A person who carries out a mining operation must not permit the release of material so as to cause the pollution of air at the site.

The owner of a mine where an excavation occurs (or has occurred), or from which top soil is removed, must so far as is reasonably practicable take action to avoid undue wind and water erosion at the site or in relation to surrounding areas.

However, an act undertaken for the purposes of subregulation (3) must not cause degradation of the sea or groundwater, or a river, tributary, stream, dam, watercourse, billabong or other body of water.

If a mining operation or an associated, incidental or ancillary activity intersects 2 or more aquifers that have different groundwater qualities, the owner of the mine must ensure that groundwater degradation is minimised (both for while the mine is in operation and for when the mine is decommissioned).

The owner of a mine (or, as the case requires, the former owner of a mine) must furnish the Chief Inspector with—

a notice when mining operations at the mine are complete;

and

a further notice when plant, machinery and materials are removed from the mine and the site; and

a further notice when the land has (in the opinion of the owner) been rehabilitated.

The owner of a mine must leave the site of the mine in a clean, tidy, stable and safe condition.