(1)  In this regulation –

analysis means any process used to identify the ingredients of a substance.

(2)  The mine operator of a mine must ensure that appropriate measures are taken to prevent, detect and suppress fires and unintended explosions at 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.

(3)  The mine operator must ensure that the measures referred to in subregulation (2) are commensurate with the level of risk to health and safety arising from a potential fire or explosion, taking into account all relevant factors, including where appropriate –

(a) the presence of combustible ore, coal dust, sulphide dust or flammable gas; and

(b) the potential sources of fire or explosion in the mine; and

(c) the type and placement of fire-fighting equipment in the mine; and

(d) the presence (or otherwise), type and placement of remote monitoring systems to enable early detection of fire in 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)  If there is a potential for explosion, from dust, occurring at a mine, the mine operator must ensure that the measures referred to in subregulation (2) take into account –

(a) the means by which potentially explosive dust may be prevented, suppressed and collected; and

(b) consideration of the installation and maintenance of explosion barriers and other measures for suppressing explosions.

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)  If there is a potential for explosion, from coal dust, occurring at a mine, the mine operator must ensure that the measures to be taken as required under subregulation (2) for the prevention of dust explosion, in addition to the other requirements of this regulation, provide for –

(a) the analysis of each coal seam being worked, so as to determine the volatile matter in the coal seam; and

(b) the periodic application of incombustible dust to the roof, floor and sides of all work areas and travel ways to reduce the volatile matter to a level as low as reasonably practicable.

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.