Transitional arrangements
WORK HEALTH AND SAFETY (MINES) ACT 2013; WORK HEALTH AND SAFETY (MINES) REGULATION 2014
Summary of transitional arrangements
DECEMBER 2014
Key
WHSMA
Work Health and Safety (Mines) Act 2013
WHSMR
Work Health and Safety (Mines) Regulation 2014
CMHS Act
Coal Mine Health and Safety Act 2002
CMHSR
Coal Mine Health and Safety Regulation 2006
MHS Act
Mine Health and Safety Act 2004
MHSR
Mine Health and Safety Regulation 2007
Commencement
Refers to the commencement of the WHSMR
Source
Unless otherwise stated the source is a reference to the clause number in schedule 12 of the Work Health and Safety (Mines) Regulation 2014 that
creates the transitional or savings arrangement.
Provision number
Refers to a clause of the Work Health and Safety (Mines) Regulation 2014 unless otherwise shown.
1 NSW Mine Safety, December 2014
Transitional arrangements
Table 1 – Transitional and savings arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
section 45
Safety and health
representatives at
coal mines –
training and
appointment
Coal mines
An industry safety and health representative
(ISHR), a site safety and health representative
(SSHR) or an electrical safety and health
representative (ESHR) is taken to have
completed the training accredited by the
regulator for the purposes of section 45 of the
WHSM Act if they have undertaken:
Note: An ISHR, SSHR or ESHR cannot issue a
provisional improvement notice or direction to cease work
unless they have completed the required training.
cl 36
WHSM Act
part 3
WHSMA
cl 6
WHSMR
Notifiable
incidents
Mine operator
All
All
cl 5
WHSMA
•
the course of training required by section
165 of the CMHS Act, and
•
a course of training approved, by the
regulator or the regulator under the WHS
Act, in respect of the giving of directions to
cease work under section 85 of the WHS
Act and the issuing of provisional
improvement notices under section 90 of
that Act.
Incidents occurring prior to commencement must
be notified to the regulator in accordance with
the new Act unless notice has already been
given in accordance with previous laws.
schedule1 cl
4
The operator of a coal operation validly
appointed under the CMHS Act or the operator
of a mine validly appointed under the MHS Act is
taken to be the mine operator of the relevant
mine.
cl 25
WHSMA
A person who is taken to be a mine operator can
be removed from that position in the same way
as a person who is appointed as a mine operator
by the mine holder under cl 6 of the WHSMR.
cl 7
WHSMR
Notification of
mine operator
All
2 NSW Mine Safety, December 2014
The nomination of a person as the operator of a
coal operation or a mine under section 17 of the
CMHS Act or section 22 of the MHS Act is taken
to be a notification to the regulator of that person
as mine operator of the relevant mine in
accordance with clause 7 of this Regulation.
The person is eligible to be appointed as the mine
operator - for example a person conducting a business or
undertaking.
(continued over page)
(continued over page)
The nomination was duly made and not been rejected by
the chief inspector before the commencement day.
cl 25
Transitional arrangements
Provision
number
clauses
13 -17,
23-26
62,
88-95
Subject
Safety
management
system
Type of
mine
All
Principal mining
hazard
management
plans
Transitional or savings arrangement
Conditions
The person nominated is taken to be the mine
operator of the relevant mine from
commencement.
A person who is taken to be a mine operator can be
removed from that position in the same way as a person
who is appointed as a mine operator by the mine holder
under cl 6.
A mine operator is not required to comply with
provisions for establishing, implementing and
reviewing a safety management system (SMS),
including principal hazard management plans
and principal control plans, for two years from
commencement.
If the mine operator instead complies with:
During the two-year period a reference to the
following can be taken to be a reference to the
SMS for the mine:
Principal control
plans (including
ventilation and
emergency plans)
•
Coal Mines - health and safety management
system
•
Coal exploration sites existing before
commencement - a notice of drilling
operations
•
Coal exploration sites commencing after
commencement - a notice under cl 129 of
the WHSMR
•
•
Coal Mines (other than coal exploration site) Subdivisions 1 (Health and safety management
systems), 2 (Major hazard management plans); 4
(Duties regarding contractors) and 5 (Emergency
management systems) of Division 2 of Part 5 CMHS
Act;
•
Coal exploration site existing before commencement
- Section 78 of the CHMS Act; and cl 63 of the
CMHSR
•
Coal exploration site where mining operations
commence after commencement - clause 129 of this
Regulation as if clause 129 (4) included a
requirement to notify the regulator about any
precautions to be put in place in relation to the mining
operations that are to commence
•
Mines other than coal: Subdivisions 2 (Mine safety
management plans), 4 (Duties regarding contractors)
and 5 (Emergency management) of Division 2 of Part
5 MHS Act and Part 4 (OH&S risk assessments
relating to prescribed hazards) and cl 48 MHSR.
Mines other than coal - mine safety
management plan
A mine operator is not required to review the
SMS within 12 months of commencement of
mining operations at the mine but is instead to
review the SMS of the mine within five years of
commencement of WHSMR
Source
cl 3
In addition, if a new control measure is considered in
relation to a principal mining hazard, the mine operator
must keep as part of the mine record the reasons for
adopting or rejecting the control measure.
Note: Lease conditions under the Mining Act 1992, in
relation to a subsidence management plan, continue to
apply.
clauses
13 -22
Tourist mines and
Managing risks
Tourist
mines
3 NSW Mine Safety, December 2014
The holder of a permit issued under s 85 MHS
Act or s 107 CMHS Act is taken to be the mine
operator of a tourist mine and is not required to
comply with these provisions until two years
after the commencement of Division 1 of Part 2.
Provided the mine operator:
•
only carries out activities specified in the application
for the permit
•
complies with the conditions of the permit.
cl 38
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
cl 22
Contractor to
prepare health
and safety
management plan
or use SMS
All
A contractor is not required to prepare a health
and safety management plan or use the mine
operator’s safety management system for nine
months from commencement.
If the contractor instead complies with:
cl 4
cl 27
Communication
between outgoing
and incoming
shifts
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months from commencement.
If the mine operator instead complies with cl 14(f)(i)
MHSR.
cl 10
cl 28
Movement of
mobile plant
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months from commencement.
If the mine operator instead complies with clauses 14(b)
and 43 MHSR.
cl 10
cl 29
Operation of
conveyor belts
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months from commencement.
If the mine operator instead complies with cl 39 MHSR.
cl 10
cl 30
Mining-induced
seismic activity
All
This clause does not have effect for nine months
after commencement.
Nil
cl 26
cl 31
Explosives and
explosive
precursors
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months from commencement.
If the mine operator instead complies with clauses 41 and
54-57 MHSR
cl 10
cl 32
Electrical safety
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months from commencement.
If the mine operator instead complies with clauses 42 and
58-68 MHSR
cl 10
cl 33 and
cl 2 of
schedule 3
Notification of high
risk activities Electrical work on
energised
electrical
equipment
All
Where notice has been given under cl 54 of
Schedule 18B to the WHSR, cl 33 of the
WHSMR will apply and cl 2 of Schedule 3 of the
WHSMR will apply but the notice already given
is taken to satisfy requirement to give notice to
the regulator and, in the case of a coal mine, an
The waiting period for the activity is taken to have
commenced on the day the notice was given.
cl 12
4 NSW Mine Safety, December 2014
•
Division 6 (Duties of contractors) Part 5 CMHS Act
•
Division 6 (Duties of and in relation to contractors)
Part 5 MHS Act.
The activity must be carried out in the manner specified in
the notice.
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
Nil
cl 11
industry safety and health representative.
cl 33
Notification of high
risk activitiesdevelopment of
new mine entry
Mines other
than coal
mines
Clause 4 of Schedule 3 of the WHSMR does not
apply to a mine other than a coal mine until nine
months after commencement.
cl 33
High risk activity
notification
Coal mines
See table 2 - transitional arrangements for high risk activity notification below
cl 34
Prohibited uses
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months after commencement.
Nil
cl 27
cl 35
Closure,
suspension or
abandonment of
mine
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months after commencement.
If the mine operator instead complies with cl 79 MHSR.
cl 10
cl 36
Minimum age to
work in mine
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months after commencement.
If the mine operator instead complies with clauses 84 and
85 MHSR.
cl 10
cl 37
Inspections
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months after commencement.
If the mine operator instead complies with cl 14(c) MHSR.
cl 10
cl 38
Temperature and
moisture content
of air
All
Does not take effect for nine months after
commencement.
Nil
cl 28
clauses 38
- 42
Air quality and
monitoring
Mines other
than coal
mines
A mine operator of a mine other than a coal
mine is not required to comply with the provision
for nine months after commencement.
If the mine operator instead complies with cl 48 MHSR.
cl 10
clauses 45
- 46
Inrush hazards
and connecting
workings
Mines other
than coal
mines
Does not apply to a mine other than coal mine
for nine months after commencement.
If the mine operator instead complies with clauses 37 and
47 MHSR.
cl 10
5 NSW Mine Safety, December 2014
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
clauses 47
- 49
Winding systems,
ropes and
operation of mine
shaft
conveyances
Mines other
than coal
mines
Does not apply to a mine other than coal mine
for nine months after commencement.
If the mine operator instead complies with clauses 38 and
50-52 MHSR.
cl 10
cl 50
Dust explosion
Mines other
than coal
mines
Does not apply to a mine other than coal mine
for nine months after commencement.
If the mine operator instead complies with clauses 40(a)
and 42(c) MHSR.
cl 10
cl 51
Communication
systems
Mines other
than coal
mines
Does not apply to a mine other than coal mine
for nine months from commencement.
If the mine operator instead complies with cl 14(f) (iv)
MHSR.
cl 10
cl 52
Ground and strata
support
Mines other
than coal
mines
Does not apply to amine other than coal mine for
nine months from commencement.
If the mine operator instead complies with clauses 36 and
46 MHSR.
cl 10
cl 54 - 58
Air quality and
ventilation
Mines other
than coal
mines
Does not apply to a mine other than coal mine
for nine months from commencement.
If the mine operator instead complies with clauses 48 and
49 MHSR.
cl 10
cl 59(3)
Ventilation
systems - further
requirements
Mines other
than coal
mines
A mine operator of a mine other than coal mine
need not comply with cl 59(3) until two years
from commencement.
If the mine operator instead complies with cl 48 MHSR.
cl 8
cl 65(1)(c)
Coal dust
explosion - limit or
removal of coal
dust concentration
levels
Underground
coal mines
Does not apply to an underground coal mine for
nine months from commencement.
If the mine operator instead complies with cl 91 CMHSR.
cl 6
cl 77
Post incident
monitoring
Underground
coal mines
Does not have effect until two years after
commencement
Nil
cl 29
59 (1)-(2)
60 - 64
6 NSW Mine Safety, December 2014
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
cl 87
Ventilation and
belt conveyor
components to be
FRAS
Underground
coal mines
From commencement, Guideline MDG 3608
Non-metallic materials for use in underground
coal mines issued by Department Trade and
Investment, Regional Infrastructure and Services
in August 2012, is taken to be a notice of the
regulator published in the Gazette under clause
87 of the WHSMR.
Nil
cl 30
clauses
96 -102
Emergency
management undergrround
mines
Mines other
than coal
mines
Does not apply to an underground mine other
than coal mine for nine months from
commencement.
If the mine operator instead complies with clauses
14(f)(iv) and 32-34 MHSR.
Cl 10
clauses
103 - 108
Information,
training and
instruction
Mines other
than coal
mines
The mine operator is not required to comply with
these provisions for nine months from
commencement.
If the mine operator instead complies with s. 26, 32 and
40(1)(e) of MHS Act .
cl 9
clauses
109 -119
Health monitoring
All
Does not apply for two years from
commencement.
For mines other than coal mines Division 4 of Part 6
MHSR is taken to continue in force as if it had not been
repealed until 2 years after commencement .
cl 31
Note: Relevant provisions of the WHS Regulation and
Coal Industry Act in relation to health monitoring continue
to apply.
clauses
122 -127
Mine survey plans
and mine plans
All
7 NSW Mine Safety, December 2014
Mine operator is not required to comply with
these provisions for nine months from
commencement.
If the mine operator instead complies with:
•
coal mines: Division 6 (Surveys and certified plans)
Part 4 CMHSR
•
mine other than a coal mine with no less than 20
workers: Divisions 1 (Obligation to prepare and retain
mine plans) and 2 (Additional arrangements in
relation to mines plans for certain mines) of Part 7
MHSR
•
mine other than a coal mine with less than 20
workers: - Division 1 (obligation to prepare and retain
mine plan) of Part 7 MHSR.
cl 5
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
cl 130
Quarterly
reporting
All
Mine operator is not required to provide a report
under this clause for nine months from
commencement.
If the mine operator has instead submitted a report
under:
cl 33
clauses
135 - 151
Statutory
functions
All
The regulator may declare certain former
certificates, licences, permits and qualifications
(‘former certificates’) to be equivalent to any one
or more of the following:
•
a practising certificate
•
a certificate of competency
•
a licence.
A person holding a former certificate that has
been declared to be equivalent to one of the
above is taken as having been granted that
licence, certificate of competency or practising
certificate under the WHSMR
•
coal mines - cl 206 CMHSR
•
for mines other than coal mines - cl 155 MHSR.
A practising certificate, certificate of competence or
licence taken to be granted under cl 20 or 21 can be
subjected to conditions, cancelled or suspended per Part
8 of the WHSMR and can be added to the relevant
register per Part 8 of the WHSMR.
clauses 19 21
The declaration of equivalence can be limited or
conditional.
Any corporation that holds a former qualification that is
declared to be equivalent to a practising certificates or
certificate of competency may hold the practising
certificate or certificate of competency for up to two years
from the commencement of the clause.
Note: See Statutory functions: guide for a table
of eligibility requirements including equivalent
qualifications and certificates of competency
Part 8
clauses
135 – 151
Production
manager permits
Mines other
than coal
mines
For two years after commencement, subdivision
3 of Division 2 of Part 3 of the MHSR is taken to
continue in force as if that Subdivision had not
been repealed and any reference in that
Subdivision to the Chief Inspector is taken to be
a reference to the regulator.
A production manager permit cannot be granted under
this clause in respect of a coal mine.
cl 23
Part 8 and
schedule
10 Part 3
Mine supervisor
not required to be
appointed
immediately
Underground
mines other
than coal
mines
A mine operator need not appoint a person to
exercise the statutory functions of an
underground mine supervisor at the mine until
three years after commencement.
Nil
cl 22
8 NSW Mine Safety, December 2014
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
Part 9
Continued grant of
certain licences
under CMHSR
Coal mines
For two years after commencement, the
regulator may declare that Part 5 of the CMHSR
continues in force to ensure that the licencing
scheme in relation to certain licences will also
continue in force.
The order can be for a limited period of time.
cl 24
Part 12
WHSMR
Safety and health
representatives
Coal mines
A person is taken to be an industry safety and
health representative, a site safety and health
representative or an electrical safety and health
representative if they were respectively the
industry check inspector, a site check inspector
or electrical check inspector immediately before
commencement.
Nil
clauses 8, 9
or 10 of
Schedule 1
to the
WHSMA
Safety and health
representatives at
coal mines –
training and
appointment
Coal mines
An industry safety and health representative
(ISHR), a site safety and health representative
(SSHR) or an electrical safety and health
representative (ESHR) is taken to have
completed the training accredited by the
regulator for the purposes of section 45 of the
WHSM Act if they have undertaken:
Note: An ISHR, SSHR or ESHR cannot issue a
provisional improvement notice or direction to cease work
unless they have completed the required training.
cl 36
An ISHR cannot issue provisional improvement notice if
the person has not completed the required training.
cl 36
Part 5
WHSM Act
section 45
WHSM Act
cl
168(1)(b)
Industry safety
and health
representative
Coal mines
9 NSW Mine Safety, December 2014
•
the course of training required by section
165 of the CMHS Act, and
•
a course of training approved, by the
regulator or the regulator under the WHS
Act, in respect of the giving of directions to
cease work under section 85 of the WHS
Act and the issuing of provisional
improvement notices under section 90 of
that Act.
For 12 months from commencement, a person
can be appointed an industry safety and health
representative (ISHR) even if they have not
completed the required training.
Such a person ceases to be an ISHR if they have not
completed the required training within 12 months of
commencement.
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
cl 177
Registration of
plant designs and
items of plant
All mines
Plant items or designs that are registered under
the Occupational Health and Safety Regulation
2001 immediately before the transfer day,
because of clause 53 of Schedule 18B to the
WHSR is taken to be:
On and from transfer day notices under clauses 107(2)
(a)(ii) or 112A Occupational Health and Safety Regulation
2001 (that have not been revoked or varied) are taken to
be orders of the regulator under cl 177 of WHSMR.
cl 34
Such exemptions cease to have effect when the first of
the following occurs:
cl 39
Continuation of
exemption under
CMHSR or MHSR
All mines
•
for items of plant: to be registered under
clause 177 if required to be registered under
that clause
•
for designs of plant: registered under clause
177 if the design is required to be registered
under that clause.
An exemption under clauses 200 or 201 of the
CMHSR, or clauses 165 or 166 of the MHSR is
taken to continue in force and to be an
exemption on the same terms from the
equivalent provision WHSMR.
A provision is an equivalent provision if it:
s195 WHS
Act
Prohibition notices
All mines
•
is declared by the regulator and gazetted as
an equivalent provision
•
regulates similar activity in broadly the same
manner as the provisions of the WHSMR.
A prohibition or restriction imposed by the Chief
Inspector under clause 158 of the MHSR
continues in force in respect of the mine
operator of the relevant mine and is taken to be
both a direction given, and a prohibition notice
issued, by an inspector under section 195 of the
WHS Act.
A prohibition or restriction imposed by the Chief
Inspector on the operator of a coal operation
under clause 51 of the CMHSR continues in
force in respect of the mine operator of the
relevant coal mine and is taken to be both a
direction given, and a prohibition notice issued,
by an inspector under section 195 of the WHS
Act.
10 NSW Mine Safety, December 2014
•
the regulator revokes by giving notice in writing to the
exempt person or notice in the gazette
•
the date it would have expired under the former
legislation
•
five years from day granted
•
nine months after commencement.
Note: Exemptions issued under the WHS Regulation
continue to apply.
The provisions of Part 10 and 12 WHS Act apply to the
notice.
cl 35
Transitional arrangements
Provision
number
Subject
Type of
mine
Transitional or savings arrangement
Conditions
Source
Prohibition,
restriction,
requirement or
direction
Coal mines
A prohibition, restriction, requirement or direction
in force or effect under sections 63 or 63A
CMHSR continues to have effect under cl 9
schedule 3 of CMHS Act despite the Acts repeal
and can be enforced until, such time as revoked
by the regulator.
Nil
cl 32
Direction to make
emplacement
area safe
Coal mines
A direction given under s 99 CMHS Act to a
person continues to have effect despite repeal of
the section and is taken to be an improvement
notices.
Section 192(1) WHS Act does not apply to any such
notice.
cl 37
11 NSW Mine Safety, December 2014
Transitional arrangements
High risk activity notification
This table details savings and transitional arrangements in relation to the following matters:
•
electrical work on energised electrical equipment
•
first use of a vehicle with a fire-protected diesel engine in underground coal mine
•
notices given under section 54 of the CMHS Act
•
approvals under clause 88 of the CMHSR
•
approvals under section 100 of the CMHS Act
•
approvals under section 101 of the CMHS Act
•
high risk activities that have commenced and are continuing.
Table 2 - High risk activity notification transitional and savings arrangements
WHSM Act
(section) or
Regulation
(clause)
Subject
Type of mine
Transitional or savings matter
Conditions
Source
cl 2 of
Schedule 3
Electrical work on
energised
electrical
equipment
All
Where notice has been duly served under
clause 54 of Schedule 18B to the WHSR.
Giving of notice is taken to satisfy
requirement to give notice to the regulator
and, in the case of a coal mine, an industry
safety and health representative.
The waiting period for the activity is taken to have commenced
on the day the notice was given
cl 12
Development of
new mine entry
Mines other
than coal
mines
Does not apply to a mine other than a coal
mine until nine months after commencement.
Nil
cl 11
cl 4 of
Schedule 3
The activity must be carried out in the manner specified in the
notice.
Note: That the requirement does not apply to
opal mines.
clauses 17
and 18
Schedule 3
Shallow depth
cover mining and
mining in outburst
control zones
Underground
coal mine
Does not apply to an underground coal mine
until nine months after commencement.
All
cl 11(2)
cl 28(3)(c)
Schedule 3
High wall mining
All mines
The requirement to provide information on
how the risks to the health and safety of
workers and other persons from subsidence
caused by the activity will be managed does
not have effect until nine months after
commencement.
Note: Lease conditions under the Mining Act 1992, in relation
to a subsidence management plan continue to apply.
cl 11(3)
12 NSW Mine Safety, December 2014
Transitional arrangements
WHSM Act
(section) or
Regulation
(clause)
Subject
Type of mine
Transitional or savings matter
Conditions
Source
cl 22
Schedule 3
First use of a
vehicle with a fireprotected diesel
engine
Underground
coal mines
Does not apply to vehicles with a diesel
internal combustion engine that is fireprotected but not explosion-protected.
If notice was duly given to Chief inspector and an industry
check inspector under s 54 CMHS Act before the repeal of
that section in relation to the introduction for the first time of
the vehicle into the mine, and
cl 18
If notice was given at least three months before the use of the
engine in the mine.
cl 33
High risk activity
and previous
notice given under
s54 of the CHMS
Act
Coal mines
Where cl 33 applies in respect of a high risk
activity and notice has been given to the
chief inspector and an industry check
inspector under s 54 CMHS Act, that notice
satisfies the requirements to give notice to
the regulator and an industry safety and
health representative.
The waiting period for activity taken to have commenced when
notice duly given to chief inspector and industry check
inspector.
cl 13
The waiting period is the period specified in cl 49 CMHSR for
that activity immediately before the repeal of that clause
(subject to any waiver or reduction of that period under clause
33 (6) of WHSMR or extension under 33 (7).
The manner of carrying out activity is the manner specified in
the notice.
If an exemption was granted under cl 201 of the CMHSR
permitting activity, it must be carried out so that it complies
with any conditions of the exemption.
cl 33
Cl 33
Notification of high
risk activities prior approval
under cl 88 of
CMHSR
Coal mines
Notification of high
risk activities –
where approval
has been sought
but not yet given
under cl 88 of
CMHSR
Coal mines
13 NSW Mine Safety, December 2014
Where approval has been sought under cl 88
CMHSR before repeal of that clause, that
application is taken to satisfy requirements to
give notice to the regulator and an industry
safety and health representative.
Where approval has been sought under cl 88
CMHSR before repeal of that clause, that
application is taken to satisfy requirements to
give notice to the regulator and an industry
safety and health representative.
The waiting period is taken to have elapsed if approved before
repeal or is taken to have commenced on commencement of
cl 33 of WHSMR.
The manner of carrying out the activity is the manner specified
in the application for the approval, subject to any conditions to
which the approval may be subject.
The waiting period is taken to have commenced on
commencement of cl 33 of WHSMR.
The manner of carrying out the activity is the manner specified
in the application for the approval, subject to any conditions to
which the approval may be subject.
cl 14
Transitional arrangements
WHSM Act
(section) or
Regulation
(clause)
Subject
Type of mine
Transitional or savings matter
Conditions
Source
cl 33
Prior approvals
under s 100
CMHS Act emplacement
area
Coal mines
Where approval has been sought under s
100 CMHS Act the making of application
satisfies requirements to give notice to
regulator and an industry safety and health
representative.
The waiting period for the activity is taken to have elapsed if
approval granted before the repeal of s 100 CMHS or is taken
to have commenced on commencement.
cl 15
Prior approvals
under s 101
CMHS Act -
Coal mines
Where approval of the Minister has been
sought in respect of activity under s 101
CMHS Act before repeal making of
application to the Minister satisfies
requirements to give notice to regulator and
an industry safety and health representative.
The waiting period for the activity is taken to have elapsed if
approval granted before the repeal of s 101 CMHS or is taken
to have commenced on the commencement of cl 33 WHSMR.
cl 33
high risk activity of
decommissioning
an emplacement
area
The manner of carrying out the activity is the manner
specified in the application for the approval subject to any
conditions to which the approval may be subject.
cl 16
The manner of carrying out the activity is the manner specified
in the application for the approval subject to any conditions to
which the approval may be subject.
cl 33
Continuing high
risk activities that
have commenced
– pre 1984
emplacement
area
Coal mines
Clause 33 does not apply to the
establishment or operation of emplacement
area that was established before 21 March
1984.
If the mine operator complies with s 102 CMHS Act.
cl 17
cl 33
Continuing high
risk activities that
have commenced
– emplacement
area approved by
Minister
Coal mines
Clause 33 does not apply to the
decommissioning of an emplacement area
that was approved by Minister under s 101
CMHS Act.
If carried out within any specified time limit and in compliance
with any specified conditions.
cl 17
cl 33
Continuing high
risk activities that
have commenced
- hot work in a
hazardous zone
Coal mines
Clause 33 does not apply to hot work (other
than cutting or welding) in a hazardous zone.
If the plant used to carry out the hot work is of a type specified
in the notice under clause 19 (1) (c) of the CMHSR and
published in Government Gazette No 10 of 25 January 2008
at page 181.
cl 17
If the hot work is carried out in compliance with any
requirements in relation to the use of the plant set out in that
notice.
(continued over page)
14 NSW Mine Safety, December 2014
Transitional arrangements
WHSM Act
(section) or
Regulation
(clause)
Subject
Type of mine
Transitional or savings matter
Conditions
Source
If an exemption was granted under clause 201 of the CMHSR
in order to permit the activity the hot work is carried out in
compliance with any conditions of the exemption.
cl 33
Continuing high
risk activities that
have commenced
– equipment with
high voltage in
hazardous zone
Coal mines
Clause 33 does not apply to the use, in a
hazardous zone, of electrical plant and
cables having a voltage greater than 1200
volts or (if associated with longwall mining)
having a voltage greater than 4000 volts.
If the plant or cable is of a type specified in the notice under
clause 19 (1) (c) of the CMHSR published in Government
Gazette No 10 of 25 January 2008 at page 181.
cl 17
If any requirements in relation to the use of the plant or cable
set out in that notice have been complied with.
If the activity is carried out in the manner set out in the
information given to the Chief Inspector under that notice.
cl 33
Continuing high
risk activities that
have commenced
– use of
explosives
Coal mines
Clause 33 does not apply to the use of an
explosive that is manufactured and supplied
for use in an underground coal mine.
If the explosive is a permitted explosive 37(a)(ii) CMHSR
published in Government Gazette No 10 25 January 2008
page 182 only until nine months after commencement.
cl 17
cl 33
Continuing high
risk activities that
have commenced
– barrier mining
Coal mines
Clause 33 does not apply to the barrier
mining (as defined in cl 29 of schedule 3
WHSMR).
If carried out in accordance with Division 1 Part 6 CMHS Act
cl 17
© State of New South Wales through the Department of Trade and Investment, Regional Infrastructure and Services (NSW Trade & Investment) 2014. This publication is
copyright. You may download, display, print and reproduce this material provided that the wording is reproduced exactly, the source is acknowledged, and the copyright, update
address and disclaimer notice are retained.
Disclaimer This publication provides a general summary of some of the savings and transitional provisions under the Work Health and Safety (Mines) Regulation 2014 as
interpreted by the Department of Trade and Investment, Regional Infrastructure and Services at the time of writing (December 2014). Compliance with Work Health Safety (Mines)
Act 2013 and the Work Health Safety (Mines) Regulation 2014 is a as a legal requirement. This publication does not provide or purport to provide legal advice. Users are reminded
of the need to ensure that the information upon which they rely is up to date by checking the currency of the information at the Department of Trade and Investment, Regional
Infrastructure and Services website or with the user’s independent legal adviser.
15 NSW Mine Safety, December 2014