Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
waiting period , in relation to a high risk mining
activity, means —
(a) the
waiting period specified in Schedule 23 column 3 in relation to the
activity; or
(b) if
that period is waived or reduced under subregulation (6) — the
waived or reduced period; or
(c) if
that period is extended under subregulation (7)(b) — the
extended period.
(2) The mine operator
of a mine must ensure that a high risk mining activity at a mine specified in
Schedule 23 column 2 is not carried out at or in relation to the
mine unless —
(a) the
mine operator has given the regulator a written notice under
subregulation (4) that is acknowledged under regulation 675UL(1);
and
(b) the
waiting period in relation to the activity has elapsed; and
(c) the
activity is carried out in the manner specified in the notice (or in the
notice as amended under subregulation (7)).
Note for this subregulation:
WHS Act —
section 19 (see regulation 9).
(3)
Subregulation (2) does not apply if the information required under
subregulation (4) is given in —
(a) a
mining commencement notice for the mining operation given to the regulator
under regulation 675UC; or
(b) an
additional operations notice for an additional mining operation given to the
regulator under regulation 675UD.
(4) The mine operator
of a mine where a high risk mining activity is proposed to be carried out must
give the regulator a notice that —
(a) is
in the approved form and in a manner approved by the regulator; and
(b)
includes the following —
(i)
the nature of the proposed high risk mining activity,
including particulars of how the activity is to be carried out;
(ii)
the proposed commencement date for the activity;
(iii)
the location of the activity;
(iv)
any information or documents specified in
Schedule 23 column 4 in relation to the activity;
(v)
the hazards identified as having the potential to arise
from the activity;
(vi)
an assessment of the risks associated with the activity;
(vii)
the relevant parts of the mine safety management system
for the mine that describe the systems, procedures, plans and other control
measures that will be used to control risks to health and safety associated
with the carrying out of the activity.
(5) The mine operator
of a mine must ensure that a copy of any notice given to the regulator under
this regulation is also given, as soon as is reasonably practicable, to any
health and safety representative for workers at the mine.
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(6) The regulator may
waive or reduce the waiting period specified in Schedule 23 column 3
in relation to a particular high risk mining activity, whether on request by
the mine operator or on the regulator’s own initiative.
(7) If the mine
operator amends a notice given under subregulation (4) —
(a) the
waiting period does not start again; but
(b) the
regulator may extend the waiting period by a reasonable time to allow the
regulator to consider the amended notice.