(1)  A mine operator must ensure, so far as is reasonably practicable, that any of the relevant measures, to prevent or control failures in ground integrity, which are capable of applying to the design, operation or abandonment of the mine are taken into account in the design, operation or abandonment of the mine.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(2)  For the purposes of subregulation (1) , the following are the relevant measures to prevent or control failures in ground integrity:

(a) appropriate collection, analysis and interpretation of geotechnical data or information, including monitoring of such data, commensurate with the nature and level of risks to health and safety;

(b) informing affected persons at the mine regarding ground support principles, including recognition of, and planned responses to, indicators of change that may affect excavation stability in the mine;

(c) the provision of access to the ground support plans, on request, to a person who, by the nature of the person’s work at the mine, requires reference to the plans;

(d) the minimisation of rock damage from blasting at the excavation perimeter;

(e) the use of appropriate equipment and procedures for scaling;

(f) the proper design, installation and quality control of rock support;

(g) the timing of ground support to take account of rock conditions and behaviour;

(h) the determination and use of appropriate stope and pillar dimensions;

(i) the determination and use of an appropriate rationale for the sequencing of ore extraction and filling;

(j) the selection of appropriate materials and processes where mined areas are to be filled.

(3)  A mine operator must ensure, so far as is reasonably practicable, that any measures, in addition to the relevant measures specified in subregulation (2) , that are appropriate to prevent or control failures in ground integrity and which are capable of applying to the design, operation or abandonment of the mine are taken into account in the design, operation or abandonment of the mine.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(4)  In deciding whether relevant measures for the purposes of subregulation (1) are capable of applying and the measures that are appropriate for the purposes of subregulation (3) , the mine operator must have regard to the following:

(a) geological and geotechnical conditions and their influence on ground stability;

(b) any seismic activity;

(c) the analysis and interpretation of relevant geotechnical data, including the monitoring of openings and excavations;

(d) any subsidence in or outside the mine;

(e) any potential for air-blasts;

(f) adequacy of installed ground support;

(g) the size and geometry of the mine and its openings;

(h) the presence, nature and proximity of previously excavated or abandoned workings;

(i) water inflow, drainage patterns, groundwater regimes, and mine de-watering procedures, and their influence on ground stability over time;

(j) the impact of the work, including but not limited to –

(i) the impact of blasting; and

(ii) pillar characteristics including the number, location, dimensions and stability of the pillars; and

(iii) the extraction sequence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(5)  Subregulation (4) does not limit the matters to which a mine operator may have regard in deciding whether relevant measures for the purposes of subregulation (1) are capable of applying or the measures that are appropriate for the purposes of subregulation (3) .