304—Excavation work—underground essential services information
(1) This regulation
applies in relation to a part of a workplace where excavation work is being
carried out and any adjacent areas.
(2) A person with
management or control of the workplace must take all reasonable steps to
obtain current underground essential services information about the areas
referred to in subregulation (1) before directing or allowing the
excavation work to commence.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
Expiation fee:
(a) In
the case of an individual—$432.
(b) In
the case of a body corporate—$2 160.
(3) The person with
management or control of the workplace must provide the information obtained
under subregulation (2) to any person engaged by the person to carry out
the excavation work.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
Expiation fee:
(a) In
the case of an individual—$432.
(b) In
the case of a body corporate—$2 160.
(4) The person with
management or control of the workplace and any person
conducting a business or undertaking who is given information under
subregulation (3) must have regard to the information referred to in
subregulation (2) in carrying out or directing or allowing the carrying
out of the excavation work.
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
Expiation fee:
(a) In
the case of an individual—$432.
(b) In
the case of a body corporate—$2 160.
Note—
Legislation relating to the essential services may also impose duties on the
person conducting the business or undertaking and the persons carrying out the
work.
(5) The person with
control or management of the workplace must ensure that the information
referred to in subregulation (2) is available for inspection under the
Act for the period specified in subregulation (6).
Maximum penalty:
(a) In
the case of an individual—$1 250.
(b) In
the case of a body corporate—$6 000.
Expiation fee:
(a) In
the case of an individual—$144.
(b) In
the case of a body corporate—$720.
(6) The information
must be available—
(a) if a
notifiable incident occurs in connection with the excavation work to which the
information relates—for at least 2 years after the incident occurs;
and
(b) in
every other case—until the excavation work is completed.
(7) In this
regulation—
"underground essential services" means essential services that use pipes,
cables or other associated plant located underground;
"underground essential services information", in relation to proposed
excavation work, means the following information about underground
essential services that may be affected by the excavation:
(a) the
essential services that may be affected;
(b) the
location, including the depth, of any pipes, cables or other plant associated
with the affected essential services;
(c) any
conditions on the proposed excavation work.