Western Australian Current Regulations

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WORK HEALTH AND SAFETY (MINES) REGULATIONS 2022 - REG 5B

5B .         Meaning of mining operations

                In these regulations —

        mining operations  —

            (a)         means any method of working by which the earth or any rock structure, coal seam, stone, fluid, or mineral bearing substance is disturbed, removed, washed, sifted, crushed, leached, roasted, floated, distilled, evaporated, smelted, refined, sintered, pelletised, or dealt with for the purpose of obtaining any mineral or rock from it for commercial purposes or for subsequent use in industry, whether it has been previously disturbed or not; and

            (b)         includes the following —

                  (i)         exploration operations;

                  (ii)         developmental and construction work associated with opening up or operating a mine;

                  (iii)         the removal and disposal of overburden or waste or residues by mechanical or other means and the stacking, depositing, storage, and treatment of any substance considered to contain any mineral;

                  (iv)         the operation of blast furnaces and direct reduction furnaces;

                  (v)         the operation of privately‑owned railways (other than a railway to which the Rail Safety National Law (WA) Act 2015 applies) to transport ore or other mining products, or to provide related services;

                  (vi)         the transport of ore or other mining products that takes place on a road that is not a road as defined in the Road Traffic (Administration) Act 2008 section 4;

                  (vii)         the crushing, screening, sorting, stacking, loading and handling of ore or other mining products at any rail or road terminal or any loading or transhipment points, including seaports;

                  (viii)         the operation of any support facilities on the minesite, including mine administration offices, workshops and services buildings;

                  (ix)         borefields remote from the minesite but an integral part of the mining operation;

                  (x)         operations by means of which salt or other evaporites are harvested;

                  (xi)         operations by means of which any mineral is recovered from the sea or sea bed or a natural water supply;

                  (xii)         the operation of residential facilities and recreational facilities and the ground used for that purpose, if those facilities are located on a mining tenement and are used solely in connection with mining operations;

                  (xiii)         the operation of any project which is declared by the Governor to be a mining operation under the Mines Safety and Inspection Act 1994 section 6(1);

                  (xiv)         operations undertaken for the environmental rehabilitation of the minesite during production operations and after their completion;

                  (xv)         operations for the care, security and maintenance of a mine and plant at the mine undertaken during any period when production or development operations at the mine are suspended;

                  (xvi)         operations undertaken to leave a mine safe to be closed;

                but

            (c)         does not include the following —

                  (i)         an operation that would otherwise fall within paragraph (b)(vii) if the operation is carried out by a port authority at the port (as those terms are defined in the Port Authorities Act 1999 section 3(1)) that the authority controls or manages;

                  (ii)         steel making plants;

                  (iii)         rolling mills;

                  (iv)         facilities for the manufacture of goods from mining products;

                  (v)         residential facilities or recreational facilities and the ground used for that purpose, if those facilities are not located on a mining tenement and directly associated with mining operations;

                  (vi)         sand, gravel, limestone or rock excavation carried out by or for any State agency or instrumentality or any local government for the use or disposition by that agency, instrumentality or local government;

                  (vii)         excavation activities on private land by and for the use of the owner of the land;

                  (viii)         a place that is not at a mine where externally‑controlled plant at the mine is operated.



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