Resources Safety and Health Legislation (Fee Unit Conversion) Amendment Regulation 2022

1Short title

This regulation may be cited as the Resources Safety and Health Legislation (Fee Unit Conversion) Amendment Regulation 2022.

2Regulation amended

This part amends the Coal Mining Safety and Health Regulation 2017.

3Amendment of sch 8 (Fees)

Schedule 8, parts 1 and 2—
omit, insert—

Part 1 Board of examiners fees

		Fee units
1	Application for assessment for a first class, or second class, certificate of competency	44.95
2	Application for assessment for a deputy’s, or open-cut examiner’s, certificate of competency	26.60
3	Application for assessment for a ventilation officer’s certificate of competency	24.90
4	Issuing a duplicate certificate of competency to replace a lost, destroyed or defaced certificate	8.70

Part 2 Safety and health fees

		Fee units
1	Safety and health fee, for a coal mine, for a reporting period that is a quarter (s 12E(2))—
	(a)  if the number of coal mine workers working at the coal mine during the quarter is 5 or fewer	nil
	(b)  if the number of coal mine workers working at the coal mine during the quarter is more than 5 but not more than 10—for each coal mine worker working at the coal mine during the quarter	32.00
	(c)  if the number of coal mine workers working at the coal mine during the quarter is more than 10 but not more than 19—for each coal mine worker working at the coal mine during the quarter	128.00
	(d)  if the number of coal mine workers working at the coal mine during the quarter is more than 19 but not more than 99—for each coal mine worker working at the coal mine during the quarter	239.75
	(e)  if the number of coal mine workers working at the coal mine during the quarter is more than 99—for each coal mine worker working at the coal mine during the quarter	319.75
2	Safety and health fee, for a coal mine, for a reporting period that is a financial year (s 12E(2))—
	(a)  if the number of coal mine workers working at the coal mine during the financial year is 5 or fewer	nil
	(b)  if the number of coal mine workers working at the coal mine during the financial year is more than 5 but not more than 10—for each coal mine worker working at the coal mine during the financial year	128.00
	(c)  if the number of coal mine workers working at the coal mine during the financial year is more than 10 but not more than 19—for each coal mine worker working at the coal mine during the financial year	512.00
	(d)  if the number of coal mine workers working at the coal mine during the financial year is more than 19 but not more than 99—for each coal mine worker working at the coal mine during the financial year	959.00
	(e)  if the number of coal mine workers working at the coal mine during the financial year is more than 99—for each coal mine worker working at the coal mine during the financial year	1,279.00
3	Fee for late safety and health census (s 12H(4))	121.40

4Regulation amended

This part amends the Explosives Regulation 2017.

5Omission of s 22 (Working out fee for authority)

Section 22—
omit.

6Replacement of sch 2 (Fees)

Schedule 2—
omit, insert—

Schedule 2 Fees

sections 13, 16, 18D, 21, 178 and 181

Part 1 Fees for security clearance, authority, approval and declaration

		Fee units
	Security clearances
1	Application for security clearance	203.40
2	Application for renewal of security clearance	162.70
3	Copy of security clearance	47.30
	Authorities
4	Licence to import explosives or licence to export explosives—for each year of the term of the licence—
	(a)  for blasting explosives	759.00
	(b)  for propellant powders and ammunition	504.00
	(c)  for fireworks	371.30
	(d)  for distress signals	113.50
	(e)  for an explosive not mentioned in any of paragraphs (a) to (d)	371.30
5	Licence to manufacture explosives—for each year of the term of the licence—
	(a)  for an explosives factory other than a mobile manufacturing unit	470.20
	(b)  for a mobile manufacturing unit	216.30
	(c)  for manufacture of explosives at a place that is not an explosives factory	109.00
6	Licence to sell explosives—for each year of the term of the licence—
	(a)  for blasting explosives	91.75
	(b)  for propellant powders	91.75
	(c)  for fireworks	91.75
	(d)  for ammunition	16.95
	(e)  for an explosive not mentioned in any of paragraphs (a) to (d)	91.75
7	Licence to store explosives—for each year of the term of the licence—
	(a)  for blasting explosives up to 100kg	120.30
	(b)  for blasting explosives greater than 100kg	470.20
	(c)  for propellant powders up to 100kg	45.20
	(d)  for propellant powders greater than 100kg but not greater than 250kg	120.30
	(e)  for propellant powders greater than 250kg	470.20
	(f)  for fireworks up to 100kg (gross weight)	45.20
	(g)  for fireworks greater than 100kg (gross weight)	470.20
	(h)  for an explosive not mentioned in any of paragraphs (a) to (g), up to 100kg	45.20
	(i)  for an explosive not mentioned in any of paragraphs (a) to (g), greater than 100kg	470.20
8	Licence to transport explosives—for each year of the term of the licence	120.30
9	Explosives driver licence—for each year of the term of the licence	65.05
10	Licence to use explosives—for each year of the term of the licence	65.05
11	Shotfirer licence—for each year of the term of the licence	65.05
12	Fireworks contractor licence—for each year of the term of the licence	432.30
13	Fireworks operator licence—for each year of the term of the licence	138.00
14	Licence to collect ammunition—for each year of the term of the licence	16.95
15	An authority not mentioned in any of items 1 to 14	nil
16	Amendment of an authority	nil
17	Transfer of licence	47.30
18	Copy of licence or permit	47.30
	Approval
19	Application for explosives trial approval (s 16(2)(c))	nil
	Declaration
20	Request for declaration that explosive is an authorised explosive (s 13(2)(c))	155.60

Part 2 Safety and health fees

		Fee units
1	Safety and health fee, for an authority, for a reporting period that is a quarter (s 178(2))—
	(a)  if the number of explosives workers working under the authority during the quarter is 5 or fewer	nil
	(b)  if the number of explosives workers working under the authority during the quarter is more than 5 but not more than 10—for each explosives worker working under the authority during the quarter	32.00
	(c)  if the number of explosives workers working under the authority during the quarter is more than 10 but not more than 19—for each explosives worker working under the authority during the quarter	128.00
	(d)  if the number of explosives workers working under the authority during the quarter is more than 19 but not more than 99—for each explosives worker working under the authority during the quarter	239.75
	(e)  if the number of explosives workers working under the authority during the quarter is more than 99—for each explosives worker working under the authority during the quarter	319.75
2	Safety and health fee, for an authority, for a reporting period that is a financial year (s 178(2))—
	(a)  if the number of explosives workers working under the authority during the financial year is 5 or fewer	nil
	(b)  if the number of explosives workers working under the authority during the financial year is more than 5 but not more than 10—for each explosives worker working under the authority during the financial year	128.00
	(c)  if the number of explosives workers working under the authority during the financial year is more than 10 but not more than 19—for each explosives worker working under the authority during the financial year	512.00
	(d)  if the number of explosives workers working under the authority during the financial year is more than 19 but not more than 99—for each explosives worker working under the authority during the financial year	959.00
	(e)  if the number of explosives workers working under the authority during the financial year is more than 99—for each explosives worker working under the authority during the financial year	1,279.00
3	Fee for late safety and health census (s 181(3))	121.40

7Regulation amended

This part amends the Mining and Quarrying Safety and Health Regulation 2017.

8Replacement of sch 6 (Fees)

Schedule 6—
omit, insert—

Schedule 6 Fees

sections 11C, 11F and 151

Part 1 Board of examiners’ fees

		Fee units
1	Application for assessment for a first class certificate of competency	44.95
2	Issuing a duplicate certificate of competency to replace a lost, destroyed or defaced certificate	8.70

Part 2 Other fees

		Fee units
1	Safety and health fee, for a mine, for a reporting period that is a quarter (s 11C(2))—
	(a)  if the number of workers working at the mine during the quarter is 5 or fewer	nil
	(b)  if the number of workers working at the mine during the quarter is more than 5 but not more than 10—for each worker working at the mine during the quarter	32.00
	(c)  if the number of workers working at the mine during the quarter is more than 10 but not more than 19—for each worker working at the mine during the quarter	128.00
	(d)  if the number of workers working at the mine during the quarter is more than 19 but not more than 99—for each worker working at the mine during the quarter	239.75
	(e)  if the number of workers working at the mine during the quarter is more than 99—for each worker working at the mine during the quarter	319.75
2	Safety and health fee, for a mine, for a reporting period that is a financial year (s 11C(2))—
	(a)  if the number of workers working at the mine during the financial year is 5 or fewer	nil
	(b)  if the number of workers working at the mine during the financial year is more than 5 but not more than 10—for each worker working at the mine during the financial year	128.00
	(c)  if the number of workers working at the mine during the financial year is more than 10 but not more than 19—for each worker working at the mine during the financial year	512.00
	(d)  if the number of workers working at the mine during the financial year is more than 19 but not more than 99—for each worker working at the mine during the financial year	959.00
	(e)  if the number of workers working at the mine during the financial year is more than 99—for each worker working at the mine during the financial year	1,279.00
3	Fee for late safety and health census (s 11F(4))	121.40

9Regulation amended

This part amends the Petroleum and Gas (Safety) Regulation 2018.

10Amendment of sch 6 (Fees)

Schedule 6, authorising provisions—
omit, insert—

sections 126, 152, 155, 159 and 162

11Amendment of sch 6, pts 1 and 2

Schedule 6, part 1, column 3, heading and part 2, column 3, heading, ‘$’—
omit, insert—

Fee units

12Amendment of sch 6, pt 3, s 2 (Drilling wells)

Schedule 6, part 3, section 2(1), ‘$1,606’—
omit, insert—

1,606 fee units

13Amendment of sch 6, pt 3, s 3 (Well completion or maintenance work)

Schedule 6, part 3, section 3(1), ‘$302.30’—
omit, insert—

302.30 fee units

14Amendment of sch 6, pt 3, s 4 (Exploration)

Schedule 6, part 3, section 4(1), ‘$2.60’—
omit, insert—

2.60 fee units

15Amendment of sch 6, pt 3, s 5 (Producing petroleum under a petroleum lease)

Schedule 6, part 3, section 5(1), ‘$1,656’—
omit, insert—

1,656 fee units

16Amendment of sch 6, pt 3, s 6 (Petroleum facilities)

(1)Schedule 6, part 3, section 6(1)(a) to (h)—
omit, insert—

(a)for the operation of a major processing facility—13,870 fee units;

(b)for the operation of a facility that produces syngas—6,933 fee units;

(c)for the operation of a facility that produces a gasification or retorting product, other than mineral (f), produced by an underground gasification activity—6,933 fee units;

(d)for the operation of a facility that produces LPG from petroleum—10,401 fee units;

(e)for the operation of a facility that produces LNG, is not a major hazard facility under the Work Health and Safety Regulation 2011 and must operate under a safety management system—10,401 fee units;

(f)for the operation of a facility that produces CNG, is not a major hazard facility under the Work Health and Safety Regulation 2011 and must operate under a safety management system—4,852 fee units;

(g)for the operation of a facility that produces mineral (f) under an underground gasification activity—13,870 fee units;

(h)for the operation of a facility on an area to which a petroleum facility licence applies that is not included in any of paragraphs (a) to (g)—13,870 fee units.

(2)Schedule 6, part 3, section 6(2)(a)(i), example, ‘$13,870 rather than fees totalling $20,803’—
omit, insert—

13,870 fee units rather than fees totalling 20,803 fee units

(3)Schedule 6, part 3, section 6(2)(b)(i), example, ‘$13,870 rather than fees totalling $24,271’—
omit, insert—

13,870 fee units rather than fees totalling 24,271 fee units

17Amendment of sch 6, pt 3, s 7 (Facility used to carry out a GHG storage activity)

Schedule 6, part 3, section 7(1), ‘$13,870’—
omit, insert—

13,870 fee units

18Amendment of sch 6, pt 3, s 8 (Pipelines)

Schedule 6, part 3, section 8(1), ‘$0.0004020’—
omit, insert—

0.0004020 fee units

19Amendment of sch 6, pt 3, s 9 (Operating a distribution system)

Schedule 6, part 3, section 9, ‘$210.50’—
omit, insert—

210.50 fee units

20Amendment of sch 6, pt 3, s 10 (Non-automotive LPG delivery network)

(1)Schedule 6, part 3, section 10(1)(a) to (c)—
omit, insert—

(a)if the container index for the operator for the year is 10,000 or less—3,142 fee units; or

(b)if the container index for the operator for the year is more than 10,000 but not more than 50,000—7,542 fee units; or

(c)otherwise—0.94 fee units multiplied by the container index for the operator for the year.

(2)Schedule 6, part 3, section 10(2), ‘$693,616’—
omit, insert—

693,616 fee units

21Amendment of sch 6, pt 3, s 11 (Product supplier of automotive LPG)

Schedule 6, part 3, section 11, ‘$4.65’—
omit, insert—

4.65 fee units

22Amendment of sch 6, pt 3, s 13 (Major consumer)

Schedule 6, part 3, section 13(a) to (c)—
omit, insert—

(a)if the gas devices installed at the site have a total gas capacity of not more than 150GJ/hr—7,542 fee units;

(b)if the gas devices installed at the site have a total gas capacity of more than 150GJ/hr but not more than 500GJ/hr—11,945 fee units;

(c)if the gas devices installed at the site have a total gas capacity of more than 500GJ/hr—14,457 fee units.

23Amendment of sch 6, pt 3, s 14 (Biogas or gas derived from a waste disposal tip or during treatment of sewage)

Schedule 6, part 3, section 14—
insert—

(2)However, from 1 July 2023, the safety and health fee payable by the operator of a facility mentioned in section 155(2)(q), for each site operated by the operator during the year, is as follows—

(a)if the actual gas usage, or nameplate capacity, of the facility is less than 50kW/h—nil fee units;

(b)if the actual gas usage, or nameplate capacity, of the facility is at least 50kW/h and not more than 2MW/h—2,385.50 fee units;

(c)if the actual gas usage, or nameplate capacity, of the facility is more than 2MW/h and not more than 5MW/h—4,771 fee units.

24Amendment of sch 6, pt 3, s 15 (Special effects gas system)

Schedule 6, part 3, section 15, ‘$1,384’—
omit, insert—

1,384 fee units

25Amendment of sch 6, pt 3, s 16 (Late fees)

Schedule 6, part 3, section 16, ‘$691’—
omit, insert—

691 fee units