(1A) 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.
(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
Note for this subregulation:
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).
Penalty for this subregulation:
(a) for
an individual, a fine of $1 450;
(b) for
a body corporate, a fine of $7 000.
(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) [not used]