Opal Mine Operator Responsibilities and Penalties

A mine operator must inform the regulator within 28 days of any changes to their contact details.

To be appointed as the mine operator of an opal mine, a person must have completed safety training within the past 5 years.

The owner of an opal mine who is also the mine operator must complete safety training every 5 years.

Operators of opal mines who were already in operation before 13 April 2018 are exempt from certain safety training requirements.

Opal mine operators who were already operating before 13 April 2018 have to complete safety training by 13 April 2023.

All opal mine operators (except those grandfathered) are required to undertake safety training at least once every 5 years.

If the owner of an opal mine is not the operator, they must ensure the appointed operator completes the required safety training.

The owner of an opal mine cannot operate the mine if they haven't completed the required safety training.

The NSW regulator can require mine holders to appoint a mine operator for specific parts or all of the mine, under certain conditions. This means the mine holder is responsible for assigning a person or entity to oversee the mine's operations.

If a mine holder is instructed to appoint a mine operator, they must follow the regulator's instructions. Failure to comply can result in fines.

Multiple appointed mine operators for different parts of a mine are treated as separate mines for the purposes of the regulations.

A single mine operator who manages multiple mines (if geographically close) is treated as managing a single mine for the purpose of the regulations.

The regulator ensures mine holders are given adequate time to comply with the notice to appoint mine operators and consider potential impacts on WHS compliance.

If a safety training requirement applies to a corporate entity, it's fulfilled by the individual supervising mining operations completing the training.

The regulator specifies the content of the safety training course for opal mine operators, which must be completed to manage an opal mine.

This Regulation is the legal framework governing work health and safety at mines and petroleum sites in New South Wales.

The regulation comes into effect on the date specified in the legislation itself.

This section defines key terms used in the regulation, ensuring a common understanding of words like 'mine', 'petroleum site', and 'operator'.

A 'principal hazard' is a major risk that could lead to serious harm or death at mines or petroleum sites. Examples include explosions, falling objects, or underground methane gas.

A mine operator is the legally responsible person overseeing the safe operation of a mine. They have a duty to ensure compliance with the regulation.

This section outlines the requirements for notifying the relevant regulatory body about who the mine operator is.

The mine operator must inform the regulator of any changes to their contact information, ensuring they can be easily reached for safety-related matters.

Opal mine operators have additional responsibilities, such as ensuring proper land restoration and complying with specific conditions related to the extraction of opals.

The regulator can appoint a mine operator if they believe the existing operator isn't adequately fulfilling their safety responsibilities.

A petroleum site operator is the individual responsible for the safe operation of a petroleum site, with duties to ensure compliance with the regulation.

The operator of a petroleum site must notify the regulator about their role and responsibilities, ensuring the regulator knows who to contact for safety concerns.

The petroleum site operator must inform the regulator of any changes to their contact details, allowing the regulator to easily reach them for safety-related issues.

The regulator can appoint a petroleum site operator if they believe the existing operator is not adequately meeting their safety responsibilities.

This part details the general requirements for managing risks to health and safety at mines and petroleum sites.

Operators have a legal duty to identify, assess, and control all potential risks to health and safety at their mine or petroleum site. This includes hazards and occurrences that could cause harm.