FORM | WHS (MINES) LEGISLATION
Production manager permit
30 July 2015
Overview
Production manager permits may continue to be granted in accordance with clause 23 of Schedule 12 of
the Work Health and Safety (Mines) Regulation 2014 until 31 January 2017.
The Production manager permit guide includes information about eligibility to be granted a production
manager permit and the processes involved in assessing whether a person is eligible for a permit.
A person may apply for a production manager permit if they do not intend to apply for a certificate of
competence.
Note: You can apply for a certificate of competence for the following key statutory functions: a mining
engineering manager of underground mines other than coal mines or a quarry manager of mines other
than underground mines or coal mines. Production manager permits are covered under the savings and
transitional provisions of the Work Health and Safety (Mines) Regulation 2014 for a certain period only.
Instructions
You must read the guide before completing this application form.
Your written application must be accompanied by supporting documents to evidence that you satisfy each
of the requirements outlined in this form.
On lodgement of this form you will be contacted by an inspector or Mine Safety officer to arrange for your
attendance at Stages 2 and 3 of the application process.
Information about lodging your application is provided in section 7 of this form.
www.resourcesandenergy.nsw.gov.au/safety
Production manager permit
1. Applicant’s personal details
First name
Other given name (if applicable)
Last name
Salutation
Email address*
Daytime contact number*
Mobile number
2. Details of mine(s) to which the production manager permit is to relate
2.1
Mine operator
Please provide details of the mine operator below.
Name of mine operator
ACN or ABN
Postal address
Suburb
Postcode
Name of primary contact for mine
Position/title
Email address
Telephone
Mobile
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2.2
Mine details
If you are applying for a production manager permit for a number of mines, you must complete the table below for each mine.
Name of mine:
(must be the same name as that
stated in the mine holder’s
Notification of the mine operator)
Site address
Total number of people
employed at the mine
Type of mine:
e.g. underground or below ground,
quarry, dredge, borrow pit, multiple
mines
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3. Applicant’s experience and education
3.1 Experience
You must complete the table below to provide details of your relevant mining experience. Attach copies of any certificate or permit relevant to supervising mining
operations that you have held. Refer to section 4.4 of the guide for an example of how to complete the table below.
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3.2 Education
You may provide details of any relevant education qualifications that may demonstrate your experience in how you will or have applied legislation in supervising mining
operations at a mine(s). This is not a mandatory requirement.
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4. Payment
An application fee of $100 (no GST) is payable when submitting your application. Please select from a
payment option below:
I have included a cheque or money order
I intend to pay in person at my regional office
I wish to pay by credit card. Please provide your card details below:
Name as it appears on the card
Type of card
Visa
MasterCard
American Express
Diners Club
Number
Expiry date (month/year)
CVC (last 3 digits on back of card or 4
digits on front of AMEX)
5. Application checklist
The following supporting documentation must be submitted with this application. The following checklist
should be completed by ticking each box when each item is completed and attached to this application:
Have you included your application fee?
Have you completed all details of your relevant mining experience in section 3.1 above?
Have you attached copies of any relevant qualifications (if relevant) as detailed in section 3.2 above?
Have you completed the register of available reference documentation at the mine in section 8?
Have you completed the mining legislation questionnaire in section 9?
6. Declaration
I declare that;

I am the person nominated by the mine operator to be the production manager for the mine named in
section 2 of the form above, and

to the best of my knowledge, the information provided in this form, and the attachments to this form, is
true and correct in every detail.
Name
Position/title
Signature
Date
Note: Giving false or misleading information is a serious offence under section 268 of the Work Health
and Safety Act 2011, and Part 5A of the Crimes Act 1900.
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7. Submitting the form
Email submissions are preferred. Alternatively, mail, deliver or fax this form to your local NSW Department
of Industry, Resources and Energy, Mine Safety office from the list below. Please only submit your
application via one method.
This form may not be submitted to other offices of NSW Mine Safety.
Hunter region:
Maitland
Singleton
Northern
region
Armidale
Central
Western
region
Orange
Western
region
Broken Hill
Cobar
Cobar
South Eastern
region
Wollongong
Lithgow
Lightning
Ridge
NSW Mine Safety
PO Box 44
Hunter Region MC, NSW 2321
NSW Mine Safety
PO Box 51
Singleton NSW 2330
NSW Mine Safety
PO Box 1138
Armidale, NSW 2350
Phone: (02) 4931 6666
Fax: (02) 4931 6790
NSW Trade & Investment Mine Safety
Locked Bag 21
Orange NSW 2800
Phone: (02) 6360 5333
NSW Trade & Investment Mine Safety
PO Box 696
Broken Hill NSW 2880
No postal submission of forms. Email only
Fax: (02) 6360 5363
After-hours emergencies only:
(02) 6360 5343
NSW Trade & Investment Mine Safety
PO Box 674
Wollongong NSW 2500
No postal submission of forms. Email only
NSW Trade & Investment Mine Safety
PO Box 314
Lightning Ridge NSW 2834
Phone: (02) 4222 8333
Fax: (02) 4226 3851
maitland.notification@trade.nsw.gov.au
Phone: (02) 6571 8788
Fax: (02) 6572 1201
singleton.notification@trade.nsw.gov.au
Phone: (02) 6770 3100
Fax: (02) 6770 3199
armidale.notification@trade.nsw.gov.au
orange.notification@trade.nsw.gov.au
Phone: (08) 8088 9300
Fax: (08) 8087 8005
brokenhill.notification@trade.nsw.gov.au
cobar.notification@trade.nsw.gov.au
wollongong.notification@trade.nsw.gov.au
lithgow.notification@trade.nsw.gov.au
Phone: (02) 6829 9200
Fax: (02) 6829 0825
lightningridge.metexnotification@trade.nsw.gov.au
OFFICE USE ONLY
Date application received:
Receipt No:
Permit No:
Date issued:
COMET Event No:
RM8 File No:
Entered by:
Date:
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8. Register of available reference documentation
The purpose of this register is to record which legislation, Australian Standards and Guidelines relevant to
the mine are available to the applicant in hard copy or electronic copy. Please indicate which of the
resources listed below are, or are not, available at your mine(s) or are not applicable (circle Y, N or NA).
Legislation
Work Health and Safety Act 2011
Y
N
NA
Work Health and Safety Regulation 2011
Y
N
NA
Work Health and Safety (Mines) Act 2013
Y
N
NA
Work Health and Safety (Mines) Regulation 2014
Y
N
NA
Explosives Act 2003
Y
N
NA
Explosives Regulation 2013
Y
N
NA
Australian Standards
AS 1657 – 2013
Fixed platforms, walkways, stairways, ladders – Design,
construction and installation
Y
N
NA
AS 1755 – 2000
Conveyors – Safety requirements
Y
N
NA
AS 1674.1 – 1997 Safety in welding and allied processes - Fire precautions
Y
N
NA
AS 1674.2 – 2007 Safety in welding and allied processes - Electrical
Y
N
NA
AS 2187.1 – 1998 Explosives – Storage, transport and use – Storage
Y
N
NA
AS 2187.2 – 2006 Explosives – Storage, transport and use – Use of explosives
Y
N
NA
Y
N
NA
Y
N
NA
Mining Design Guidelines and other Reference Material
MDG 15
Guideline for mobile and transportable equipment for use in mines
Minerals Industry Safety Handbook
Other reference documents relevant to the mine (e.g. Codes of Practice, Audit documents, Guidelines, etc.)
recommended by an Inspector or Mine Safety Officer
Y
N
NA
Y
N
NA
Y
N
NA
Y
N
NA
Signature of applicant
Date
OFFICE USE ONLY
Noted by MSO/Inspector:
Signature
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9 Mining legislation questionnaire
To be answered by the applicant for a production manager permit
The following questions are intended to provide you with an opportunity to demonstrate that you have
sufficient knowledge with respect to the legislation to be eligible to be granted a production manager
permit. The questions are intended to address key points of the legislation that may relate to your mine.
All questions are to be answered by you, personally, in your own time. You are encouraged to refer to the
legislation and discuss how the legislation is applied at your mine(s) with a representative of the mine
operator.
Please refer to:

Work Health and Safety Act 2011 (WHS Act) and

Work Health and Safety Regulation 2011 (WHS Regulation), and

Work Health and Safety (Mines) Act 2013 (WHS (M) Act) and

Work Health and Safety (Mines) Regulation 2014 (WHS (M) Regulation).
Please return your answers with your application on the form provided below to provide your own
understanding of the legislation.
Questions
1.
Primary duty of care: Summarise the primary duty of care on a person conducting a business or undertaking. List at
least 5 matters that the person conducting a business or undertaking must ensure, so far as is reasonably practicable.
(Section 19 WHS Act)
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2.
Reasonably practicable: What is the meaning of “reasonably practicable” in ensuring health and safety? (Section 18
WHS Act)
3.
Consultation: When is consultation with workers required? (Section 49 WHS Act and clause 121 WHSM Regulation)
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4.
Managing risks to health and safety: What is the hierarchy of control measures in clause 36 of the WHS Regulation
and why do you think duty holders are required to follow a particular order when minimising risks to health and safety?
5.
First Aid: What are the requirements on a person conducting a business or undertaking in relation to providing first aid?
(Clause 42 WHS Regulation)
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6.
First Aid: What provisions for first aid do you have at your mine?
7.
Safety Management System: A Safety Management System (SMS) is required for all mines. Name at least 10 things
that must be included in the Safety Management System for your mine? (Clause 14(1) WHSM Regulation)
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8.
Contractor at the mine: If a contractor is proposing to work at the mine, what must the contractor provide to the mine
operator before work commences? (Clause 21 WHSM Regulation)
9.
Principal Mining Hazards:
i. What is a principal mining hazard? (Clause 5 WHSM Regulation)
ii. List five (5) principal mining hazards (Clause 5 WHSM Regulation)
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10. Principal Control Plans: Name 3 principal control plans (Clause 26 WHSM Regulation)
11. Explosives: What Act and Australian Standard must be complied with when dealing with explosives or explosive
precursors at a mine? (Clause 31(2)(b) WHSM Regulation)
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12. Fitness for Work: The mine operator must manage risks to health and safety including risks that might arise if someone
is not fit for work. What are the 3 particular risks in relation to fitness for work that must be managed? (Clauses 43 and 44
WHSM Regulation)
13. Emergency management:
i. What is the name of the plan that must be prepared to manage emergencies at a mine? (Clause 88(1) WHSM
Regulation and Clause 43(1) WHS Regulation)
ii. Name at least 3 matters that need to be included in this plan (Clause 88(2) WHSM Regulation)
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14. Information, training and instruction:
i. As part of the primary duty, a person conducting a business or undertaking must ensure the provision of any
information, training, instruction or supervision that is necessary to protect all persons from risks to their health and
safety arising from work carried out as part of the conduct of the business or undertaking.
Name 3 matters for which information, training and instruction must be provided to each worker at a mine. (Clause
104(2) WHSM Regulation)
ii. In what matter is each worker to be trained and competent in? (Clause 104(3) WHSM Regulation)
iii. What are the 3 matters that visitors to the mine must be informed of or be instructed about? (Clause 106 WHSM
Regulation)
15. Mine record: Name 4 matters that must be kept as part of the mine record (Clause 133(2) WHSM Regulation)
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16. Notifiable incidents:
i. The WHSM Act defines notifiable incidents. What are the 3 types of incidents that are notifiable incidents? (Section 14
WHSM Act)
ii. When do these notifiable incidents have to be reported to the regulator? (Section 15(1) WHSM Act)
iii. What has to be done with the site where the incident occurred? (Section 17(1) WHSM Act)
17. Notifiable incidents: An incident that results in a serious injury or illness is a notifiable incident. Name at least 6
prescribed serious injuries or illnesses that come under this category. (Clause 178 WHSM Regulation)
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18. Dangerous incidents:
i. What is prescribed as a dangerous incident? (Clause 179(a) WHSM Regulation)
ii. Name at least 5 incidents that could be classified as dangerous incidents and could potentially occur at your mine.
19. Appointment of mine operator:
i. Clause 6(1) WHSM Regulation provides that the mine holder may appoint a person, (individual or company) as the
mine operator of a mine only if 3 conditions are met. What are these three conditions?
ii. The appointment of mine operator must be carried out in a certain manner. Name 3 requirements that the mine holder
must satisfy when appointing a mine operator. (Clause 6(2) WHSM Regulation)
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20. Ground failure: Name at least 3 matters that must be considered at your mine if ground failure was a principal mining
hazard (Schedule 1 clause 1 WHSM Regulation).
Include items that could potentially relate to your mine now or in the future.
21. Roads and other vehicle operating areas: Name at least 3 matters that would need to be considered at your mine if
roads and other vehicle operating areas was a principal mining hazard (Schedule 1 clause 4 WHSM Regulation).
Include items that could potentially relate to your mine now or in the future.
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22. Fire and explosion: Name at least 3 matters that would need to be considered at your mine if fire and explosion was a
principal mining hazard. (Schedule 1 clause 6 WHSM Regulation).
Include items that could potentially relate to your mine now or in the future.
23. Health control plan: Name at least 3 matters that would need to be included in the health control plan for your mine
(Schedule 2 clause 1 WHSM Regulation).
Include items that could potentially relate to your mine now or in the future.
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24. Mechanical engineering control plan: Assume a mechanical engineering control plan is required for your mine.
Name at least 4 matters that would need to be taken into account at your mine when developing control measures for risks
to health and safety associated with the mechanical aspects of plant and structures (Schedule 2 clause 2(3) WHSM
Regulation).
Include items that could potentially relate to your mine now or in the future.
25. Electrical engineering control plan: Assume that an electrical engineering control plan is required for your mine.
Name 4 matters that would need to be taken into account at your mine when developing control measures for risks to
health and safety associated with electricity at the mine (Schedule 2 clause 3(3) WHSM Regulation).
Include items that could potentially relate to your mine now or in the future.
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26. Statutory functions: There are up to 4 statutory functions prescribed for mines (other than underground mines and
coal mines). Which of these functions would be required at your mine? (Schedule 10 clauses 31 to 34 WHSM Regulation)
27. Inspections of workplaces: Regular inspections of the working environment are required at all mines. What are 4
matters that the mine operator must take into account when making arrangements for inspections? (Clause 37(2) WHSM
Regulation)
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28. Quarterly reports: There are 15 matters that need to be included in quarterly reports to be submitted to the regulator.
Name 10 matters that are included in the information in the quarterly report. (Schedule 9 WHSM Regulation)
29. Transitional arrangements: The WHSM Regulation provides for transitional arrangements for several clauses starting
from commencement of these Regulations (i.e. from 1 February 2015). This means that the previous legislation must
continue to be complied with for those clauses.
i. How long after the commencement of WHSM Regulation must the Safety Management System be established and
implemented for the mine (Clause 13 WHSM Regulation) (See Page 3 of the table referenced below)
ii. How long after the commencement of WHSM Regulation must the Electrical Safety requirements (Clause 32 WHSM
Regulation) be complied with? (See Page 4 of the table referenced below)
For information on transitional arrangements go to the table at Resources and Energy website at:
http://www.resourcesandenergy.nsw.gov.au/__data/assets/pdf_file/0007/539512/Transitional-table.pdf
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© State of New South Wales through the Department of Industry, Skills and Regional Development 2015. You may copy, distribute and otherwise freely deal with this publication for any purpose, provided that you attribute the
NSW Department of Industry, Skills and Regional Development as the owner.
Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (April 2020). However, because of advances in knowledge, users are reminded of the need to ensure that
information upon which they rely is up to date and to check currency of the information with the appropriate officer of the NSW Department of Industry, Skills and Regional Development or the user’s independent advisor.
Privacy statement: Information collected from this form is collected for the purposes of managing production manager permits under the clause 23 of Schedule 12 of the Work Health and Safety (Mines) Regulation 2014. The
supply of this information is required by law. If you choose not to provide the requested information we may not be able to process your application. Information will be stored and managed in accordance with the provisions under
the Privacy and Personal Information Protection Act 1998. It will not be given to any third party except as authorised by law. You may access or correct your personal information by contacting Governance & Information Requests
Unit on (02) 9995 0911 or privacy@industry.nsw.gov.au. Further information regarding privacy can be obtained from the NSW Department of Industry website at www.industry.nsw.gov.au/legal/privacy.
PUB15/343
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