(1)  A mine operator must implement safe practices for the dumping or stockpiling of material (whether waste material or extracted product) to ensure the stability of the dump or stockpile and the safety of personnel undertaking, or near to, the dumping or stockpiling.

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)  In implementing safe practices for the purposes of subregulation (1) , the mine operator must take into account the following:

(a) the nature of the material dumped or stockpiled;

(b) the size and weight of the equipment used;

(c) the site conditions, including the stability of the area on which the dump or stockpile is built;

(d) the drainage conditions;

(e) the weather conditions.

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)  If rear dump trucks are required to dump up to, or over, an edge at a surface mine, the mine operator must ensure construction and maintenence of a berm or bund of suitable height to reduce the likelihood of the trucks toppling over the edge.

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.