The south australian government gazette



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Part 1—Preliminary

1—Short title

These regulations may be cited as the Mines and Works Inspection Regulations 2013.



2—Commencement

These regulations will come into operation on 1 September 2013.



3—Interpretation

(1) In these regulations, unless the contrary intention appears—



Act means the Mines and Works Inspection Act 1920;

amenity of an area or place includes any quality or condition of the area or place that conduces to its biological, physical or cultural value;

approved means approved by the Chief Inspector;

authorised person means a person authorised under section 7 of the Act to inspect a mine;

Board of Examiners means the Board of Examiners for Mine Managers continued in existence under Schedule 1;

business day means a day other than a Saturday, Sunday or a public holiday;

Chief Inspector means the Chief Inspector of Mines;

competent person means a person who is suitably qualified (whether by experience, training, or both) to carry out the work or function described in the relevant regulation;

Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;

Director means the Chief Executive of the Department;

manager means the person who for the time being has the immediate charge or direction of mining operations on a mine and includes a temporary manager, or other person appointed in accordance with these regulations to act in the absence of a manager;

petroleum has the same meaning as in the Petroleum and Geothermal Energy Act 2000;

precious stones has the same meaning as in the Opal Mining Act 1995;

precious stones field means a precious stones field under the Opal Mining Act 1995;

quarry means a quarry, open cut, gravel pit, sand pit, clay pit, borrow pit or other excavation, other than an underground mine, made in the natural surface of the ground for the purpose of recovering any mineral, and includes works;

site means the place where or under which mining operations have been or are being carried out, and includes the area in the vicinity of that place;

top soil means the surface soil of land in its natural state, distinguishable from overburden;

underground mine means an excavation made in order to conduct operations underground for the purpose of recovering any mineral, and includes works.

(2) If a regulation refers to the number of persons working in a mine then, for the purposes of computing the number of those persons, the owner of the mine will not be included but the manager and any contractor will be included if the manager or contractor is working in the mine.

(3) A reference in these regulations to a certificate or permit (as a qualification for a manager (or a temporary manager) of a mine) is a reference to a certificate or permit issued under Schedule 1.

Part 2—Administration

Division 1—Managers

4—Appointment of a manager

(1) If—


(a) 10 or more persons are to work at a mine in any period of 24 hours; or

(b) the Chief Inspector directs, by notice in writing served on the owner of a mine, that an appointment should be made under this Division (in a case where less than 10 persons are to work at the mine in any period of 24 hours),

then the owner of the mine must—

(c) —


(i) if paragraph (a) applies—before the commencement of work at the mine; or

(ii) if paragraph (b) applies—within the time specified in the notice,

appoint a suitable person who holds the appropriate qualifications1 as the manager of the mine, and then ensure that the position is filled on an on going basis; and

(d) ensure that the manager supervises the mining operations at the mine (except during a period of temporary absence).

(2) If the manager of a mine is absent, or intends to be absent, from the mine for 7 or more days, the owner of the mine must—

(a) appoint a suitable person who holds the appropriate qualifications2 as the temporary manager of the mine; and

(b) ensure that the temporary manager supervises the mining operations at the mine during the absence of the manager (except during a period of temporary absence on the part of the temporary manager).

(3) Whenever the manager or temporary manager is absent from the mine for any length of time while the mine is working, the owner of the mine, or a person authorised in writing by the owner of the mine, must ensure that a competent person is in charge or has direction of mining operations at the mine during that absence.

(4) The owner of a mine may appoint himself or herself under a preceding subregulation if appropriately qualified.

(5) A person must not accept appointment, or act, as the manager (or temporary manager) of more than 1 mine.

(6) If a manager (or temporary manager) has not been appointed for a particular mine then the owner of the mine (or if the mine is jointly owned, each of the owners) will be taken to be the manager of the mine for the purposes of any regulation that imposes a duty or responsibility on the manager of a mine (without affecting any duty or responsibility as the owner of the mine).

Notes—

1 See regulation 5.

2 See regulation 5.

5—Qualifications for manager

For the purposes of these regulations, an appropriate qualification is—

(a) for the manager (or temporary manager) of an underground mine—

(i) if 20 or more persons are working at the mine in any period of 24 hours—a first class underground mine manager's certificate;

(ii) if between 10 and 19 persons (inclusive) are working at the mine in any period of 24 hours—a first class or second class underground mine manager's certificate;

(iii) if less than 10 persons are working at the mine in any period of 24 hours—a first class or second class underground mine manager's certificate, or a special permit;

(iv) in any case—a restricted certificate, provided that the relevant underground mine is a mine, or falls within a particular class of mines, that the holder of the certificate is entitled to manage;

(b) for the manager (or temporary manager) of a quarry—

(i) if 20 or more persons are working at the quarry in any period of 24 hours—a first class quarry manager's certificate;

(ii) if between 10 and 19 persons (inclusive) are working at the quarry in any period of 24 hours—a first class or second class quarry manager's certificate;

(iii) if less than 10 persons are working at the quarry in any period of 24 hours—a first class or second class quarry manager's certificate, or a special permit;

(iv) in any case—a restricted certificate, provided that the relevant quarry is a quarry, or falls within a particular class of quarries, that the holder of the certificate is entitled to manage.

6—Notice of appointment

The owner of a mine must, within 3 business days after making an appointment under this Division, furnish the Chief Inspector with a notice in writing stating the name and address of the person who has been appointed, and particulars of the person's qualifications.



Division 2—Commencement and cessation of work

7—Approval to undertake certain activities

(1) The owner of a mine must not—

(a) prepare or develop a new deposit for the extraction of a mineral; or

(b) open up or commence to rework an old mine or a previously worked deposit; or

(c) commence work for the construction of a building or plant for the treatment of a mineral at the site of the mine,

or allow such an activity to occur, without the written approval of the Chief Inspector or a designated person.

(2) The owner of a mine must, at least 21 days before an activity referred to in subregulation (1) is proposed to be undertaken, furnish the Chief Inspector or a designated person with a notice, in writing, setting out details of the activity that is to be undertaken (and those details must be sufficient to enable the Chief Inspector or a designated person to make a decision for the purposes of subregulation (1)).

(3) This regulation does not apply to—

(a) mining operations being carried out under a lease or licence under the Mining Act 1971; or

(b) the recovery of precious stones on a precious stones field; or

(c) the recovery of petroleum.

(4) In this regulation—



designated person means a person authorised in writing by the Chief Inspector to give an approval under this regulation.

8—Notices

(1) The owner of a mine must, within 3 business days after—

(a) the acquisition of the mine (being a working mine) by the owner; or

(b) the commencement of work at a mine; or

(c) the recommencement of work at a mine after a cessation of work,

furnish the Chief Inspector with a notice in writing setting out—

(d) the full name and address of the owner, the name and address of the manager of the mine, and the qualifications held by the manager of the mine; and

(e) the situation of the mine; and

(f) the mineral or substance being mined or worked (or to be mined or worked); and

(g) the estimated number of persons employed (or to be employed) at the mine.

(2) In this regulation—

cessation of work does not include a cessation for holidays or repairs, or on account of industrial action.

Division 3—Plans and programmes

9—Plans and programmes

(1) The Chief Inspector may, by notice in writing served on the owner of a mine, require that 1 or more of the following be prepared within the time specified in the notice:

(a) accurate maps, plans or sections of the mine, and its immediate environs;

(b) development programmes for the mine.

(2) The owner of a mine to whom a notice is directed under subregulation (1) must ensure—

(a) that a map, plan, section or programme required by the notice is prepared in accordance with the requirements of the notice and the requirements of Schedule 2 specified in the notice; and

(b) that 3 copies of each map, plan, section or programme are delivered to the Chief Inspector at the principal office of the Department within the time required by the notice; and

(c) that the original (or an accurate copy) of each map, plan, section or programme is kept at the mine office; and

(d) —


(i) that each map, plan and section is, at intervals not exceeding 7 years, and immediately before the abandonment of the mine, updated to show the current workings and operations of the mine, or the state of the mine, that 3 copies of each updated document are then immediately delivered to the Chief Inspector, and that the original (or an accurate copy) of each updated document is kept at the mine office; and

(ii) that a development programme is, at intervals not exceeding 7 years or such other period as the Chief Inspector may determine, updated, that 3 copies of the updated document is then immediately delivered to the Chief Inspector, and that the original (or an accurate copy) of the updated document is kept at the mine office.

(3) The owner of a mine to whom a notice is directed under subregulation (1) must ensure that all maps, plans, sections and programmes are drawn to scales approved by the Chief Inspector and are sufficient to show clearly all relevant detail.

(4) The owner of a mine who is required to prepare or update a development programme under this regulation must not carry out, or allow to be carried out, work that adversely affects, or is likely to adversely affect, the amenity of the site of the mine unless or until—

(a) the Chief Inspector has approved the development programme, in its original form or as updated, as the case may require; or

(b) the Chief Inspector has given a specific approval for the work.

(5) The owner of a mine must not carry out, or allow to be carried out, work that is contrary to, or inconsistent with, the provisions of a relevant development programme.

(6) An inspector or authorised person may, at any reasonable time, with or without an assistant, inspect and examine any map, plan, section or programme kept at a mine.

(7) A person who has the possession, custody or control of a map, plan, section or programme kept at a mine must, at the request of an inspector or authorised person, produce the document for inspection or examination.

Division 4—Inspections

10—Duty to facilitate inspections

The manager of a mine must, at the request of an inspector or authorised person (in connection with the operation of the mine)—

(a) cause the inspector or authorised person to be lowered into, or raised from, a shaft or otherwise mechanically transported within any workings;

(b) ensure that the inspector or authorised person has access to all parts of the mine, and all plant and machinery at the mine;

(c) do all things necessary to enable an inspection of the mine to occur.

Division 5—Duty to provide equipment

11—Duty to provide equipment

(1) The owner of a mine must—

(a) provide and install at the mine the materials and equipment that are necessary to enable compliance with these regulations; and

(b) ensure that these materials and equipment are maintained in good condition and are used appropriately.

(2) If a contractor is operating in a mine, the contractor is under the same duty as the owner of the mine under subregulation (1) in relation to material and equipment in that part, or those parts, of the mine in which the contractor is operating, and to or for those persons to whom the contractor's powers and authority extend.

(3) In this regulation—

equipment includes all types of machinery, plant, appliances, tools and articles.

Part 3—Amenity of mine area and of the surrounding environment

12—General duties

(1) A person who carries out a mining operation or an associated, incidental or ancillary activity must ensure that the operation or activity is carried out so as to minimise interference with the amenity of the area.

(2) A person who carries out a mining operation or an associated, incidental or ancillary activity must ensure that vegetation within and around the site of the operation or activity is not unnecessarily interfered with, damaged or cut down.

(3) A person who carries out a mining operation or an associated, incidental or ancillary activity must not create a nuisance through the production of undue or excessive noise or dust.

(4) A person who carries out a mining operation or an associated, incidental or ancillary activity must not allow the operation or activity to cause the sea, groundwater, or a river, tributary, stream, dam, watercourse, billabong or other body of water, to become degraded.

13—Conservation of top soil

A person who carries out a mining operation must ensure—

(a) that any top soil that must be removed for the purposes of the mining operation, that can be collected separately from the overburden, and that is suitable for subsequent use in connection with revegetation measures as part of the rehabilitation of the site, is stored (on its removal) in a manner that maximises its usefulness for rehabilitation purposes; and

(b) so far as is reasonably practicable, that any top soil that is being stored is protected from undue wind and water erosion.

14—Protection from damage

(1) A person who carries out a mining operation must not place products, overburden, waste material, dams or materials so as to—

(a) interfere with (or potentially interfere with) natural drainage; or

(b) cause (or potentially cause) damage to property; or

(c) unduly interfere with the amenity of the area; or

(d) permit the degradation of the sea, groundwater, or a river, tributary, stream, dam, watercourse, billabong or other body of water.

(2) A person who carries out a mining operation must not permit the release of material so as to cause the pollution of air at the site.

(3) The owner of a mine where an excavation occurs (or has occurred), or from which top soil is removed, must so far as is reasonably practicable take action to avoid undue wind and water erosion at the site or in relation to surrounding areas.

(4) However, an act undertaken for the purposes of subregulation (3) must not cause degradation of the sea or groundwater, or a river, tributary, stream, dam, watercourse, billabong or other body of water.

(5) If a mining operation or an associated, incidental or ancillary activity intersects 2 or more aquifers that have different groundwater qualities, the owner of the mine must ensure that groundwater degradation is minimised (both for while the mine is in operation and for when the mine is decommissioned).

15—Decommissioning notices

The owner of a mine (or, as the case requires, the former owner of a mine) must furnish the Chief Inspector with—

(a) a notice when mining operations at the mine are complete; and

(b) a further notice when plant, machinery and materials are removed from the mine and the site; and

(c) a further notice when the land has (in the opinion of the owner) been rehabilitated.

16—Decommissioning requirements

The owner of a mine must leave the site of the mine in a clean, tidy, stable and safe condition.



17—Rehabilitation

The owner of a mine (or, as the case requires, the former owner of a mine) must, within 2 years after the cessation of work at the mine, carry out or ensure the proper rehabilitation of the site of the mine, and any other affected area, in accordance with any directions of the Chief Inspector.



Part 4—Miscellaneous

18—Exemption

(1) If the Chief Inspector is satisfied—

(a) that compliance with a regulation is unnecessary, impractical or undesirable in a particular case; or

(b) that a satisfactory alternative procedure, action or installation will be adopted, taken or installed,

the Chief Inspector may (in his or her discretion) exempt a person, or a class of persons, from the operation of a regulation.

(2) An exemption under subregulation (1) may be granted subject to conditions or limitations specified by the Chief Inspector.

(3) If the Chief Inspector determines—

(a) that a condition under subregulation (2) has been contravened or not observed; or

(b) that circumstances have altered,

the Chief Inspector may revoke an exemption.

19—Offences

(1) A person who contravenes or fails to comply with a provision of these regulations is guilty of an offence.

Maximum penalty: $1 000.

(2) The owner of a mine must ensure compliance with the requirements of these regulations.

Maximum penalty: $1 000.

(3) If an act or default that results in a contravention or failure to comply with a regulation is committed by a person other than the owner of a mine, both the person and the owner of the relevant mine are guilty of an offence.

(4) The manager of a mine must not knowingly allow or permit a person to contravene or fail to comply with a provision of these regulations.

Maximum penalty: $1 000.

20—General defence

It is a defence to a charge of an offence against these regulations for the accused to prove that the offence relates to a matter over which the accused did not have control and could not reasonably have been expected to have control.

21—Fees

The fees set out in Schedule 3 are payable as specified in that Schedule.

Schedule 1—Board of Examiners, certificates and permits

Part 1—Board of examiners

1—Continuation of Board

(1) The Board of Examiners for Mine Managers continues in existence.

(2) Subject to this Schedule, the Board of Examiners consists of—

(a) the Chief Inspector; and

(b) 2 or more members appointed by the Governor.

(3) At least 1 member of the Board of Examiners must hold a first class underground mine manager's certificate and at least 1 member must hold a first class quarry manager's certificate.

2—Terms and conditions of office

(1) A member of the Board of Examiners (other than the Chief Inspector) will be appointed on conditions, and for a term (not exceeding 3 years), determined by the Governor and, on the expiration of a term of office, is eligible for reappointment.

(2) The Governor may remove a member of the Board of Examiners from office—

(a) for breach of, or non compliance with, a condition of appointment; or

(b) for misconduct; or

(c) for failure or incapability to carry out official duties satisfactorily.

(3) The office of a member of the Board of Examiners becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice to the Minister; or

(d) is removed from office under subclause (2).

3—Proceedings etc

(1) 3 members constitute a quorum of the Board of Examiners.

(2) The Chief Inspector will, if present at a meeting of the Board of Examiners, preside at the meeting.

(3) If there is a casual vacancy in the office of Chief Inspector, the Governor may appoint a person to preside at meetings of the Board of Examiners (and to act as a member of the Board of Examiners) until the vacancy is filled.

(4) If the Chief Inspector is unable to attend a meeting of the Board of Examiners, the Director may appoint an inspector to preside at the meeting (and to act as a member of the Board of Examiners).

(5) A decision carried by a majority of votes of members present at a meeting of the Board of Examiners is a decision of the Board of Examiners.

(6) Each member present at a meeting of the Board of Examiners has 1 vote on a question arising for decision and, if the votes are equal, the person presiding at the meeting has a second or casting vote.

(7) The Board of Examiners must have accurate minutes kept of its proceedings.

(8) Subject to this Schedule, the Board of Examiners may determine its own procedures.

4—Validity of acts and proceedings

An act or proceeding of the Board of Examiners is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

Part 2—Certificates and permits—qualification and issue

5—First class underground mine manager's certificate

Subject to this Schedule, the Board of Examiners may grant a first class underground mine manager's certificate—

(a) to a person who—

(i) has practical experience in underground mining for not less than 3 years; and

(ii) holds a degree or diploma in mining engineering from a university or other tertiary institution in Australia, or from another education body recognised by the Board of Examiners for the purposes of these regulations; and

(iii) has passed a written examination in mining law, environment and occupational health and safety law set by the Board of Examiners; or

(b) to a person who—

(i) has experience and holds qualifications accepted by the Board of Examiners as being equivalent to the experience and qualifications required by paragraph (a)(i) and (ii); and

(ii) has passed a written examination in mining law, environment and occupational health and safety law set by the Board of Examiners.

6—Second class underground mine manager's certificate

Subject to this Schedule, the Board of Examiners may grant a second class underground mine manager's certificate to a person who—

(a) has practical experience in underground mining for not less than 3 years; and

(b) holds qualifications considered by the Board of Examiners as being sufficient for the management of an underground mine where up to 19 persons may work in any period of 24 hours; and

(c) has passed a written examination in mining law, environment and occupational health and safety law set by the Board of Examiners.

7—First class quarry manager's certificate

Subject to this Schedule, the Board of Examiners may grant a first class quarry manager's certificate—

(a) to a person who—

(i) has practical experience in quarrying for not less than 3 years; and

(ii) holds a degree or diploma in mining engineering from a university or other tertiary institution in Australia, or from another education body recognised by the Board of Examiners for the purposes of these regulations; and

(iii) has passed a written examination in mining law, environment and occupational health and safety law set by the Board of Examiners; or

(b) to a person who—

(i) has experience and holds qualifications accepted by the Board of Examiners as being equivalent to the experience and qualifications required under paragraph (a)(i) and (ii); and

(ii) has passed a written examination in mining law, environment and occupational health and safety law set by the Board of Examiners.

8—Second class quarry manager's certificate

Subject to this Schedule, the Board of Examiners may grant a second class quarry manager's certificate—

(a) to a person who has had practical experience in mining or quarrying for not less than 3 years and who has passed the examinations conducted by the Board of Examiners for candidates for second class quarry manager's certificates; or

(b) to a person who has experience and holds qualifications accepted by the Board of Examiners as being equivalent to the experience and qualifications required under paragraph (a).

9—Restricted certificates

(1) If an applicant for a certificate satisfies the Board of Examiners that the applicant is qualified by experience and knowledge to manage a mine at which he or she will be employed, or mines of a specified class, but the Board of Examiners is not satisfied that the applicant is entitled to an ordinary certificate, the Board of Examiners may (subject to subregulation (2)) issue a restricted certificate to the applicant.

(2) The applicant must pass a written examination in mining law, environment and occupational health and safety law set by the Board of Examiners before a certificate may be issued.

(3) A restricted certificate must contain a statement of the particular mine or particular class of mines that the holder of the certificate is entitled to manage.

(4) A restricted certificate does not entitle the holder of the certificate to be a manager of a mine other than a mine indicated by the certificate.

10—Temporary certificates

(1) The Board of Examiners may, if it considers it expedient to do so, issue to a person (whether or not qualified for a permanent certificate under these regulations) a temporary certificate.

(2) The person must pass a written examination in mining law, environment and occupational health and safety law set by the Board of Examiners before a temporary certificate may be issued.

(3) A temporary certificate—

(a) will be in force for the period specified by the Board of Examiners in the certificate; and

(b) will, while in force, have the same effect as an ordinary certificate of the same kind; and

(c) may be granted subject to terms and conditions specified by the Board of Examiners.

11—General requirements for certificates

(1) A certificate will not be granted to a person unless the person—

(a) applies for the certificate on a form provided by the Board of Examiners and satisfies the Board of Examiners of the facts that give the person the right to be granted a certificate; and

(b) satisfies the Board of Examiners that he or she is a fit and proper person to be the holder of a certificate; and

(c) is at least 25 years of age; and

(d) pays the appropriate fee specified by Schedule 3.

(2) The Board of Examiners will determine the form of a certificate, and may specify in the certificate—

(a) a statement of any limitations or restrictions on the effect of the certificate;

(b) a statement of any qualifications taken into account by the Board of Examiners in granting the certificate;

(c) other information determined to be appropriate by the Board of Examiners.

12—Examinations

(1) The Board of Examiners will hold examinations in mining law, environment and occupational health and safety law as required for candidates for certificates who have otherwise satisfied the requirements of this Schedule.

(2) The Board of Examiners must hold examinations for second class quarry managers' certificates not less frequently than once in every 2 years unless there are no candidates.

(3) The subject of the examinations for second class quarry managers will be as follows:

(a) Quarrying;

(b) Mathematics;

(c) Explosives;

(d) Quarry machinery.

(4) The Board of Examiners may exempt a person from the obligation to pass an examination conducted by the Board of Examiners for the purposes of these regulations (other than the examination in mining law, environment and occupational health and safety law) if the person satisfies the Board of Examiners that he or she is sufficiently qualified in the subject of the examination.

13—Permits

(1) The Chief Inspector may grant to a person a special permit to act as the manager of a mine where less than 10 persons work if the Chief Inspector is satisfied that the person has had sufficient practical experience in mining, and has sufficient knowledge of these regulations, and other regulations relating to safe and appropriate mining practices and procedures.

(2) A special permit—

(a) will authorise the holder of the permit to act as manager only for the mine specified in the permit; and

(b) will remain in force for the period (not exceeding 12 months) specified in the permit; and

(c) may be granted subject to terms and condition specified by the Chief Inspector.

14—Record

The Board of Examiners must keep a record of all certificates and permits issued under this Schedule.

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