Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 354

    (1)     This Division applies to a proposed construction excavation if—

        (a)     the excavation will be of sufficient dimensions or depth to allow the entry of a person; or

        (b)     there will be a risk to the health or safety of any person from the excavation.

    (2)     Despite subregulation (1), this Division does not apply to excavation of a shaft or trench made as part of building work for which a building permit has been issued and is in force under the Building Act 1993 .

    (3)     Despite subregulation (1), this Division does not apply to excavation of a shaft, trench or tunnel being—

        (a)     a mine; or

        (b)     a bore to which the Water Act 1989 applies; or

        (c)     a quarry within the meaning of the Mineral Resources (Sustainable Development) Act 1990 ; or

        (d)     made for the purpose of undertaking emergency work; or

        (e)     made for the rescue of any person or the carrying out an emergency response by an emergency service; or

        (f)     made for use as a place of burial or interment of the dead.