Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019 (2019-342) (NSW)

Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019

1 Name of Regulation This Regulation is the Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019.

2 Commencement This Regulation commences on 1 August 2019 and is required to be published on the NSW legislation website.

Note— This Regulation repeals and replaces the Mine Safety (Cost Recovery) Regulation 2013, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation: relevant period has the same meaning as in section 9 of the Act. the Act means the Mine and Petroleum Site Safety (Cost Recovery) Act 2005.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Additional payments authorised to be paid from Fund For the purposes of section 7 (1) (e) of the Act, the following money is authorised to be paid from the Fund: (a) all payments required to meet expenditure incurred by the Department in carrying out regulatory activities under or in connection with the Explosives Act 2003, (b) all other amounts required to meet expenditure incurred by the Department in the administration or execution of the Explosives Act 2003, (c) all payments required to meet expenditure incurred by the Department in exercising functions under or in connection with the Radiation Control Act 1990.

Note— Clause 6 of the Explosives Regulation 2013 provides that the Secretary of the Department of Planning, Industry and Environment is the "regulatory authority" for mining workplaces (within the meaning of that Regulation) for the purposes of the Explosives Act 2003 in relation to certain functions. Section 5A of the Radiation Control Act 1990 provides that the Secretary of the Department of Planning, Industry and Environment may exercise certain functions prescribed by regulations made under that Act. For that purpose, clause 47 of the Radiation Control Regulation 2013 prescribes (among other things) certain functions of the Protection of the Environment Operations Act 1997 (being functions that are extended to the exercise of powers in connection with the Radiation Control Act 1990 and that Regulation by the operation of section 15 of the Radiation Control Act 1990).