Western Australian Current Regulations Western Australian Current Regulations (1) The mine operator
of a mine must ensure that the mine safety management system for the mine is
reviewed at least once every 3 years and as necessary revised to ensure
it remains effective.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
Note for this subregulation:
Regular testing of the
emergency plan is also required (see regulation 669).
(2) If the mine
operator of a mine establishes the mine safety management system for the mine
without consultation in accordance with Part 5 Division 2 of the
Act, the mine operator must ensure that the mine safety management system is,
within 12 months and with consultation in accordance with that Division,
reviewed and as necessary revised to ensure it is effective.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(3)
Subregulation (2) does not apply in relation to a part of the mine safety
management system that is a contractor’s health and safety management
plan that is included in a mine safety management system for a mine under
regulation 621A(6) if the contractor carries out, or is to carry out, a
mining operation at the mine for less than 1 year.
(4) If the mining
operations at a mine change, the mine operator of the mine must ensure that
the mine safety management system for the mine is reviewed and as necessary
revised to ensure it remains effective.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(5) If a control
measure is revised under regulation 38 or regulation 618, the mine
operator must ensure that the mine safety management system for the mine is,
reviewed and as necessary revised in relation to all aspects of risk control
addressed by the revised control measure.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(6) If the regulator
is of the opinion that the mine safety management system for a mine is not
effective, the regulator may give a written notice to the mine operator of the
mine requiring the mine operator to review and as necessary revise the mine
safety management system within the reasonable time specified in the notice.
Note for this subregulation:
A decision to give a
notice under this subregulation is a reviewable decision (see
regulation 676).
(7) The
regulator’s notice under subregulation (6) —
(a) must
set out the regulator’s reasons for their opinion; and
(b) may
be limited in scope to a particular part or aspect of the mine safety
management system.
(8) If the mine
operator of a mine is given a notice under subregulation (6), the mine
operator must ensure that the mine safety management system for the mine is,
within the period specified in the notice, reviewed and as necessary revised
to ensure it is effective.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(9)
Subregulations (2) to (7) do not limit subregulation (1).