Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 (2022-509) (NSW)

Work Health and Safety (Mines and Petroleum Sites) Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Work Health and Safety (Mines and Petroleum Sites) Regulation 2022.

2 Commencement This Regulation commences as follows— (a) for section 89(1)(b)—1 September 2023, (b) for Schedule 14—1 September 2028, (c) otherwise—1 September 2022.

Note— This Regulation replaces the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Interpretation (1) The Dictionary in Schedule 15 defines words used in this Regulation.

Note— The WHS Act, the WHS (MPS) Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) The expressions mine, mining activities, mining operations, petroleum site, petroleum activities and petroleum operations when used in the WHS Regulations have the same meaning as in the WHS (MPS) Act or this Regulation, unless otherwise defined.

4 Meaning of "principal hazard" In this Regulation, a principal hazard is an activity, process, procedure, plant, structure, substance, situation or other circumstance relating to the carrying out of mining operations or petroleum operations that has a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to— (a) for mining operations—one or more of the following— (i) ground or strata failure, (ii) inundation or inrush of a substance, (iii) mine shafts and winding systems, (iv) gas outbursts, (v) spontaneous combustion, (vi) subsidence, (vii) roads or other vehicle operating areas, (viii) air quality or dust or other airborne contaminants, (ix) fire or explosion, (x) a hazard identified by the mine operator under the WHS Regulations, clause 34, or (b) for petroleum operations—one or more of the following— (i) roads or other vehicle operating areas, (ii) air quality or dust or other airborne contaminants, (iii) fire or explosion, (iv) a hazard identified by the petroleum site operator under the WHS Regulations, clause 34.