Resources Safety and Health Legislation Amendment Regulation 2024

1Short title

This regulation may be cited as the Resources Safety and Health Legislation Amendment Regulation 2024.

2Commencement

(1)This regulation, other than the provisions mentioned in subsections (2) and (3), commences on 1 September 2024.

(2)The following provisions commence on 1 June 2025—

(a)section 15(5);

(b)section 42;

(c)section 43, to the extent it omits definition electrical engineering manager;

(d)section 57(3).

(3)The following provisions commence on 1 June 2030—

(a)sections 13 and 14;

(b)sections 23 to 28.

3Regulation amended

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

4Amendment of s 11 (Accessing standard operating procedures)

Section 11(a) and (b)—
omit, insert—

(a)a list of the mine’s current standard operating procedures is kept—

(i)at the mine in a location that is easily accessible by each coal mine worker at the mine; and

(ii)at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and

(b)a copy of the current standard operating procedure for a particular activity at the mine is available to, and kept in a location that is easily accessible by—

(i)each coal mine worker carrying out the activity; and

(ii)each operational ROC worker concerned with the activity; and

5Amendment of s 12 (Accessing recognised standards)

Section 12(a) and (b)—
omit, insert—

(a)a list of the current recognised standards for the mine’s coal mining operations is kept—

(i)at the mine in a location that is easily accessible by each coal mine worker at the mine; and

(ii)at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and

(b)a copy of the current recognised standard for a particular coal mining operation is available to, and kept in a location that is easily accessible by—

(i)each coal mine worker at the mine engaged in the operation; and

(ii)each operational ROC worker for the mine concerned with the operation; and

6Replacement of s 12K (When election under Act, s 93 must be held)

Section 12K—
omit, insert—

12KProcess for conducting election of site safety and health representative—Act, s 98B

For section 98B(4)(b) and (5) of the Act, the process stated in schedule 1B is prescribed for conducting an election of a site safety and health representative.

7Omission of ss 12L–12Q

Sections 12L to 12Q—
omit.

8Omission of s 13 (Types of high potential incidents—Act, s 198)

Section 13—
omit.

9Amendment of s 13A (Diseases that must be reported—Act, s 198)

(1)Section 13A, heading, ‘Act, s 198’—
omit, insert—

Act, s 198AA

(2)Section 13A, ‘section 198(6) of the Act’—
omit, insert—

section 198AA(5) of the Act, definition reportable disease

(3)Section 13A, from ‘, column 1’ to ‘column 2,’—
omit.

10Insertion of new s 13B

After section 13A—
insert—

13B Exemption from notifying reportable diseases—Act, s 198AA

For section 198AA(4) of the Act, section 198AA(1)(a) of the Act does not apply in relation to a site senior executive who becomes aware that a person has been diagnosed with a reportable disease if the site senior executive becomes aware through an assessment as defined under section 44.

11Amendment of s 16 (Giving notice of incidents)

(1)Section 16(1), from ‘about’ to ‘happens’—
omit, insert—

if any of the following incidents happen at the mine

(2)Section 16—
insert—

(1A)The notice must be given to the inspector—

(a)within 1 month after the incident happens; or

(b)if the CEO or chief inspector by notice approves a longer period, of not more than 12 months, within which to give the notice—within the longer period.

(3)Section 16(1A) to (3)—
renumber as section 16(2) to (4).

12Insertion of new ch 2, pt 3A

Chapter 2—
insert—

Part 3A Supervisor’s responsibilities

16ASupervisor’s responsibilities

A supervisor for a coal mine has the following responsibilities—

(a)ensuring each mine worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 85A(2) and 85B;

(b)observing each coal mine worker for whom the supervisor has responsibilities perform tasks;

(c)carrying out inspections of workplaces at the coal mine as required under the coal mine’s safety and health management system;

(d)recording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record;

(e)implementing and monitoring hazard controls and risk controls as required under the coal mine’s safety and health management system.

13Amendment of s 34 (Records)

Section 34(1), after ‘electrical engineering manager for the mine’—
insert—

as permitted under section 58A(2) of the Act

14Insertion of new ch 2, pt 10, div 1A

Chapter 2, part 10—
insert—

Division 1A Controlling and managing mechanical engineering activities

65ADuties of mechanical engineering manager

The duties of a mechanical engineering manager include controlling and managing the following at the mine—

(a)maintenance of fixed and mobile plant;

(b)the installation or introduction of new plant.

15Amendment of s 82 (Training scheme)

(1)Section 82(1), ‘persons at the mine’—
omit, insert—

the following persons—

(a)coal mine workers and other persons at the mine;

(b)operational ROC workers for the mine.

(2)Section 82(2)(a), after ‘the mine’—
insert—

, and operational ROC workers for the mine

(3)Section 82(2)(b), after ‘workers’—
insert—

at the mine, and operational ROC workers for the mine

(4)Section 82(2)(e), ‘mine’s coal mine workers’—
omit, insert—

coal mine workers at the mine, and the operational ROC workers for the mine.

(5)Section 82(3)(a)—
insert—

Note—

The safety and health management system includes obligations relating to critical control management—see section 62(5)(e) and (6) of the Act.

(6)Section 82(3)—
insert—

(f)the Act and this regulation.

16Insertion of new s 82A

After section 82—
insert—

82ARecord of training

The site senior executive for a coal mine must ensure a record is kept, in the mine record, of the training given to, and assessment of, each of the following persons under this division—

(a)coal mine workers at the mine;

(b)operational ROC workers for the mine.

17Amendment of s 84 (Refresher training)

Section 84(1), after ‘at the mine’—
insert—

, and each operational ROC worker for the mine,

18Amendment of s 85 (Coal mine worker not to carry out task unless competent)

(1)Section 85, heading, after ‘worker’—
insert—

or ROC worker

(2)Section 85(2)—
omit, insert—

(2)A coal mine worker at the coal mine, or operational ROC worker for the coal mine, must not carry out the task unless the worker—

(a)has been assessed as competent; and

(b)is authorised by the mine’s site senior executive or the site senior executive’s representative, to carry out the task at or for the coal mine.

19Insertion of new ch 2, pt 11A

Chapter 2—
insert—

Part 11A Supervising workers

85ATime and resources for carrying out tasks

(1)The site senior executive for a coal mine must ensure time is allocated, and the mine’s resources are distributed, to enable each coal mine worker at the mine to carry out the worker’s tasks without creating an unacceptable level of risk.

(2)Without limiting subsection (1), the site senior executive must ensure the coal mine worker is given the supervision, and help from other competent persons, necessary to achieve an acceptable level of risk.

85BSupervising workers

(1)Without limiting section 85A(2), the site senior executive for a coal mine must ensure the coal mine’s activities and coal mine workers are supervised to the extent necessary to ensure each worker—

(a)is not likely to be exposed to conditions beyond the worker’s capabilities; and

(b)is not likely to be affected by the conditions in which the worker is working in a way that adversely affects the worker’s fitness to perform critical tasks; and

(c)has the resources necessary to undertake the work without being exposed to an unacceptable level of risk; and

(d)is working within the limits of the worker’s fitness and competence; and

(e)complies with the worker’s safety and health obligations.

(2)The supervision must include communication, including direct contact, between the supervisor and the coal mine worker at appropriate intervals.

20Insertion of new ch 3, pt 1A

Chapter 3—
insert—

Part 1A General

102A Principal hazard management plan

A surface mine must have principal hazard management plans that provide for at the least the following—

(a)roads or other vehicle operating areas;

(b)ground or strata failure;

(c)airborne dust or any other airborne contaminants;

(d)fire or explosion;

(e)any other principal hazard identified by the coal mine operator or site senior executive for the surface mine.

21Replacement of ch 3, pt 2, hdg (Open-cut examiner)

Chapter 3, part 2, heading—
omit, insert—

Part 2 Surface mine manager and open-cut examiner

22Amendment of s 107 (Reducing unacceptable level of risk)

Section 107(5)—
insert—

(c)if an operational ROC worker has provided information used to make a decision in relation to the matter—the operational ROC worker who is responsible for the provision of the information.

23Amendment of s 108 (Role in developing and reviewing safety and health management system)

(1)Section 108(1), ‘at least 1 open-cut examiner’—
omit, insert—

the surface mine manager, and at least 1 open-cut examiner,

(2)Section 108(2), ‘the examiner’—
omit, insert—

an open-cut examiner

24Insertion of new s 108A

After section 108—
insert—

108A Giving technical directions to surface mine manager

A person must not give a technical direction about a safety and health matter to a surface mine manager unless the person has competencies for the matter at least equivalent to those of the surface mine manager.

Maximum penalty—200 penalty units.

25Omission of s 111 (Appointment of person to control and manage electrical engineering activities)

Section 111—
omit.

26Amendment of s 120 (Abnormal circumstances declaration)

Section 120(2)(b), before ‘the senior’—
insert—

the surface mine manager or

27Amendment of s 121 (Notifying particular persons of abnormal circumstances declaration)

Section 121, after ‘site senior executive’—
insert—

, surface mine manager

28Amendment of s 122 (Revoking abnormal circumstances declaration)

Section 122(1), after ‘site senior executive’—
insert—

, surface mine manager

29Replacement of s 149 (Principal hazard management plan)

Section 149—
omit, insert—

149Principal hazard management plan

An underground mine must have principal hazard management plans that provide for at the least the following—

(a)emergency response failure;

(b)gas management;

(c)methane drainage;

(d)mine ventilation failure;

(e)gas outbursts;

(f)spontaneous combustion;

(g)ground or strata failure;

(h)inundation or inrush of any substance;

(i)mine shafts and winding systems;

(j)subsidence;

(k)airborne dust or any other airborne contaminants;

(l)fire or explosion;

(m)roads or other vehicle operating areas;

(n)any other principal hazard identified by the coal mine operator or site senior executive for the underground mine.

30Amendment of s 224 (Gas alarm levels)

Section 224(1), ‘monitoring’—
omit, insert—

management

31Amendment of s 252 (General back-up for gas monitoring system)

Section 252, heading and subsection (1), ‘monitoring’—
omit, insert—

management

32Amendment of s 370AB (Definitions for chapter)

Section 370AB, definition practising certificate—
omit.

33Amendment of s 370AE (Approval of CPD activities and publication of practising certificate scheme)

(1)Section 370AE(2), from ‘about’—
omit, insert—

setting out the continuing professional development required by the board for relevant holders.

(2)Section 370AE(3)(e)—
omit, insert—

(e)provisions relating to the issue and renewal of practising certificates;

(3)Section 370AE(3)(f), ‘decides is’—
omit, insert—

considers

34Insertion of new s 370AF

After section 370AE—
insert—

370AF Recognition of interstate certificates of competency

(1)This section applies if the board gives a notice of registration under a mutual recognition Act to a person who holds an interstate certificate of competency.

(2)The board may—

(a)allow the person to participate in the practising certificate scheme as if the person were a relevant holder; and

(b)may issue a practising certificate to the person as if the person were a relevant holder.

(3)In this section—

interstate certificate of competency means a document issued in another State or New Zealand equivalent to a certificate of competency.

35Insertion of new ch 6, pt 12

Chapter 6—
insert—

Part 12 Transitional provisions for Resources Safety and Health Legislation Amendment Regulation 2024

412Requirement for surface mine to have principal hazard management plans

Section 102A does not apply until the day that is 1 year after the commencement.

413Additional requirements for underground mine’s principal hazard management plans

(1)Section 149, as amended by the Resources Safety and Health Legislation Amendment Regulation 2024, does not apply until the day that is 1 year after the commencement.

(2)Former section 149 continues to apply, as if the Resources Safety and Health Legislation Amendment Regulation 2024 had not commenced, until the day that is 1 year after the commencement.

(3)In this section—

former section 149 means section 149 as in force immediately before the commencement.

36Replacement of sch 1B, hdg (Site safety and health representative election process)

Schedule 1B, heading—
omit, insert—

Schedule 1B Conducting site safety and health representative elections

section 12K

37Amendment of sch 1B, s 2 (Returning officers)

Schedule 1B, section 2(2)(b), from ‘only’—
omit, insert—

an appropriately qualified entity appointed by the chief inspector—an officer or employee of the entity.

38Amendment of sch 1B, s 13 (Declaration and notification of election results)

Schedule 1B, section 13(6)—
insert—

(c)at least 1 industry safety and health representative for the coal mine.

39Omission of sch 1C (Types of high potential incidents for section 198(2)(b) of the Act)

Schedule 1C—
omit.

40Replacement of sch 1 (Diseases for section 198(6) of the Act)

Schedule 1—
omit, insert—

Schedule 1 Reportable diseases—Act, s 198AA

section 13A

1a disease that test results indicate a relevant worker within the meaning of section 198AA of the Act may have contracted as a result of, or because of the contribution of, exposure to an airborne contaminant at a coal mine, or a mine under the Mining and Quarrying Safety and Health Act 1999, including, for example, the following diseases—

(a)asbestosis and benign asbestos-related pleural diseases, including, for example, diffuse pleural thickening, and benign asbestos-related pleural effusion;

(b)silicosis or benign silica-related pleural disease;

(c)coal workers’ pneumoconiosis;

(d)other pneumoconioses, including, for example, hard-metal pneumoconiosis, baritosis and siderosis;

(e)occupational bronchiolitis obliterans;

(f)chronic obstructive pulmonary diseases, including, for example, chronic bronchitis and emphysema;

(g)diffuse dust-related pulmonary fibrosis;

(h)occupational lung cancer;

(i)other occupational cancers, including, for example, cancer of the pleura, pericardium and peritoneum (including, for example, mesothelioma);

(j)occupational asthma;

(k)occupational granulomatous disorders, including, for example, chronic beryllium disease;

(l)occupational auto-immune diseases, including, for example, scleroderma (systemic sclerosis) and rheumatoid arthritis;

(m)occupational hypersensitivity pneumonitis;

(n)occupational respiratory infections, including, for example, legionellosis, silico-tuberculosis and pneumococcal pneumonia

41Amendment of sch 7A (Civil penalties)

(1)Schedule 7A, part 1, item 2—
omit, insert—

2the safety and health obligation under section 42(c) of the Act to implement—

(a)a safety and health management system for an underground mine that includes principal hazard management plans for the matters mentioned in section 149 of this regulation; or

(b)a safety and health management system for a surface mine that includes principal hazard management plans for the matters mentioned in section 102A of this regulation

(2)Schedule 7A, part 3, item 3—
omit, insert—

3the obligations under section 198 of the Act (relating to notification of accidents, deaths or incidents)

4the obligations under section 198AA of the Act (relating to notification of reportable diseases)

42Amendment of sch 8 (Fees)

(1)Schedule 8, part 1, item 1, from ‘for a’—
omit, insert—

for any of the following certificates of competency—

(a)a first class certificate of competency;

(b)a second class certificate of competency;

(c)a surface mine manager’s certificate of competency

(2)Schedule 8, part 1, item 3, from ‘for a’—
omit, insert—

for any of the following certificates of competency—

(a)an electrical engineering manager’s (surface mine) certificate of competency;

(b)an electrical engineering manager’s (underground mine) certificate of competency;

(c)a mechanical engineering manager’s (surface mine) certificate of competency;

(d)a mechanical engineering manager’s (underground mine) certificate of competency;

(e)a ventilation officer’s certificate of competency.

43Amendment of sch 9 (Dictionary)

Schedule 9, definitions electrical engineering manager, involved union, practising certificate, qualified body and relevant coal mine worker—
omit.

44Regulation amended

This part amends the Explosives Regulation 2017.

45Amendment of s 8 (Government entities exempt from Act)

Section 8, heading—
omit, insert—

8Entities exempt from particular provisions of Act

46Amendment of s 8A (Security sensitive explosives—Act, sch 2)

Section 8A(2)—
omit, insert—

(2)For schedule 2 of the Act, definition security sensitive explosive, paragraph (f), the following explosives are prescribed—

(a)security sensitive ammonium nitrate;

(b)small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition that is permitted to be used by the holder of a licence to use explosives mentioned in schedule 1, part 1, item 1, paragraph (c).

Note—

The effect of paragraph (b) is that a licence to use explosives mentioned in paragraph (b) is a security sensitive authority in relation to which the holder is required to hold a security clearance. See section 2A, and schedule 2, definition security sensitive authority, of the Act.

47Insertion of new ss 8AA and 8AB

After section 8—
insert—

8AA Exemptions for Queensland Police Service relating to security clearances—Act, s 7

(1)This section prescribes exemptions for section 7 of the Act.

(2)Despite section 15A(2) of the Act, the Queensland Police Service is an appropriate person to hold, or to continue to hold, a security sensitive authority even if an employee of the Queensland Police Service—

(a)has or will have unsupervised access to an explosive in the course of the employee’s employment; and

(b)does not hold a security clearance.

(3)Despite section 33(1)(b) of the Act, the Queensland Police Service may allow an employee of the Queensland Police Service to have access to an explosive—

(a)even if the employee does not hold a security clearance; and

(b)even if the access is not in the presence, and under the direct supervision, of a person who holds a security clearance.

(4)To remove any doubt, it is declared that Queensland Police Service must not allow an employee of the Queensland Police Service to have access to an explosive unless—

(a)the employee is the age prescribed by section 18A; and

(b)the access is within the course of the employee’s employment.

8AB Exemptions for government entities and Commonwealth entities relating to security clearances—Act, s 7

(1)This section prescribes exemptions for section 7 of the Act.

(2)Despite section 15(4)(b)(iii) of the Act, the chief inspector, in deciding whether a government entity or a Commonwealth entity is an appropriate person, is not required to consider whether an executive officer of the government entity or the Commonwealth entity would be considered to be an appropriate person under section 15 of the Act.

(3)Despite section 17(2)(c) of the Act, the chief inspector may issue a security sensitive authority to a government entity or a Commonwealth entity even if each executive officer of the government entity or the Commonwealth entity does not hold a security clearance.

(4)Despite section 23(1)(k) of the Act, the expiry, cancellation, suspension or surrender of a security clearance held by an executive officer of a government entity or a Commonwealth entity is not a ground for suspending or cancelling an authority held by the government entity or the Commonwealth entity.

48Amendment of s 144 (Insurance requirements)

Section 144(1)(b)—
omit, insert—

(b)costs incurred by or for a government entity, including, for example, RSHQ, or a Commonwealth entity in a clean-up resulting from a relevant event.

49Amendment of sch 1 (Prohibited explosives)

(1)Schedule 1, part 1, item 1—
insert—

(ba)used, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if—

(i)the licence specifically authorises the use, possession, purchase, storage or transport of the small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition; and

(ii)the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and

(iii)the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence; or

(2)Schedule 1, part 1, item 1, paragraphs (ba) and (c)—
renumber as schedule 1, part 1, item 1, paragraphs (c) and (d).

(3)Schedule 1, part 1, item 2—
insert—

(c)ammunition used, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if—

(i)the licence specifically authorises the use, possession, purchase, storage or transport of ammunition that contains explosives; and

(ii)the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and

(iii)the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence.

50Regulation amended

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

51Amendment of s 4 (Ways of achieving an acceptable level of risk)

Section 4(4), definition relevant provisions, paragraph (a), ‘12C(2),’—
omit.

52Omission of s 12A (Types of high potential incidents—Act, s 195)

Section 12A—
omit.

53Amendment of s 12B (Diseases that must be reported—Act, s 195)

(1)Section 12B, heading, ‘Act, s 195’—
omit, insert—

Act, s 195AA

(2)Section 12B, ‘section 195(6) of the Act’—
omit, insert—

section 195AA(5) of the Act, definition reportable disease

(3)Section 12B, ‘schedule 1A’—
omit, insert—

schedule 1

54Omission of s 12C (Giving additional information about diagnosed worker)

Section 12C—
omit.

55Amendment of s 13 (Types of serious accidents and high potential incidents—Act, ss 197 and 198)

(1)Section 13, heading, ‘ss 197 and 198’—
omit, insert—

s 197

(2)Section 13(1), ‘, part 1’—
omit.

(3)Section 13(2)—
omit.

56Amendment of s 91 (Induction training and assessment)

(1)Section 91, after ‘each worker at the mine’—
insert—

, and each operational ROC worker for the mine,

(2)Section 91, after ‘by the worker at the mine’—
insert—

or for the mine

57Amendment of s 93 (Training)

(1)Section 93(1), after ‘worker at the mine’—
insert—

, and each operational ROC worker for the mine,

(2)Section 93(1)(a), after ‘duties at the mine’—
insert—

or for the mine

(3)Section 93(1)—
insert—

Note—

The safety and health management system includes obligations relating to critical control management—see section 55(5)(e) of the Act.

58Amendment of s 94 (Record of training)

Section 94, after ‘kept’—
insert—

, in the mine record,

59Amendment of s 95 (Time and resources for carrying out tasks)

Section 95(2), example—
omit.

60Insertion of new s 95A

After section 95—
insert—

95ASupervisor’s responsibilities

A supervisor for a mine has the following responsibilities—

(a)ensuring each worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 95(2) and 96;

(b)observing each worker for whom the supervisor has responsibilities perform tasks;

(c)carrying out inspections of workplaces at the mine as required under the mine’s safety and health management system;

(d)recording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record;

(e)implementing and monitoring hazard controls and risk controls as required under the mine’s safety and health management system.

61Amendment of s 115 (Accessing current procedures and standard work instructions)

Section 115(b)—
omit, insert—

(b)each worker at the mine, and each operational ROC worker for the mine, is aware of the current written procedures and standard work instructions for the part of the mine’s operations in which, or for which, the worker works; and

62Amendment of s 120 (Confidentiality of worker’s medical record)

(1)Section 120(2)(c), ‘section 12C(2) or’—
omit.

(2)Section 120(2)—
insert—

(d)a person under section 195AA of the Act.

63Amendment of s 148B (Definitions for chapter)

Section 148B, definition practising certificate—
omit.

64Amendment of s 148E (Approval of CPD activities and publication of practising certificate scheme)

(1)Section 148E(2), from ‘about’—
omit, insert—

setting out the continuing professional development required by the board for relevant holders.

(2)Section 148E(3)(e)—
omit, insert—

(e)provisions relating to the issue and renewal of practising certificates;

(3)Section 148E(3)(f), ‘decides is’—
omit, insert—

considers

65Insertion of new s 148F

After section 148E—
insert—

148F Recognition of interstate certificates of competency

(1)This section applies if the board gives a notice of registration under a mutual recognition Act to a person who holds an interstate certificate of competency.

(2)The board may—

(a)allow the person to participate in the practising certificate scheme as if the person were a relevant holder; and

(b)may issue a practising certificate to the person as if the person were a relevant holder.

(3)In this section—

interstate certificate of competency means a document issued in another State or New Zealand equivalent to a certificate of competency.

66Replacement of schs 1 and 1A

Schedules 1 and 1A—
omit, insert—

Schedule 1 Reportable diseases—Act, s 195AA

section 12B

1a disease that test results indicate a relevant worker within the meaning of section 195AA of the Act may have contracted as a result of, or because of the contribution of, exposure to an airborne contaminant at a mine or a coal mine under the Coal Mining Safety and Health Act 1999, including, for example, the following diseases—

(a)asbestosis and benign asbestos-related pleural diseases, including, for example, diffuse pleural thickening, and benign asbestos-related pleural effusion;

(b)silicosis or benign silica-related pleural disease;

(c)coal workers’ pneumoconiosis;

(d)other pneumoconioses, including, for example, hard-metal pneumoconiosis, baritosis and siderosis;

(e)occupational bronchiolitis obliterans;

(f)chronic obstructive pulmonary diseases, including, for example, chronic bronchitis and emphysema;

(g)diffuse dust-related pulmonary fibrosis;

(h)occupational lung cancer;

(i)other occupational cancers, including, for example, cancer of the pleura, pericardium and peritoneum (including, for example, mesothelioma);

(j)occupational asthma;

(k)occupational granulomatous disorders, including, for example, chronic beryllium disease;

(l)occupational auto-immune diseases, including, for example, scleroderma (systemic sclerosis) and rheumatoid arthritis;

(m)occupational hypersensitivity pneumonitis;

(n)occupational respiratory infections, including, for example, legionellosis, silico-tuberculosis and pneumococcal pneumonia

2a disease (regardless of the seriousness of the disease) that test results indicate a relevant worker within the meaning of section 195AA of the Act may have contracted as a result of carrying out work for which lead health surveillance or biological monitoring under schedule 2E, part 4 is required

3other occupational cancers, including, for example, bladder cancer, liver cancer, nasal cancer and skin cancer

67Amendment of sch 2 (Types of serious accidents and high potential incidents)

(1)Schedule 2, heading, after ‘incidents’—
insert—

for s 197(1) of Act

(2)Schedule 2, part 1, heading—
omit.

(3)Schedule 2, part 1, item 1—
omit.

(4)Schedule 2, part 1—
insert—

6theft or other loss of explosive

7the entrapment of a person

8an incident causing an emergency evacuation of the mine or part of it, other than as part of a training exercise

9a catastrophic or major structural failure of plant

10a fire

11an inrush

12damage to, or failure of, haulage winding or lifting equipment

13an unplanned movement of, or a failure to stop, a vehicle

14the exposure of a person to a hazardous chemical

15an unplanned movement of earth or rock

16a failure of ground control support or reinforcement

(5)Schedule 2, part 1, items 2 to 16—
renumber as items 1 to 15.

(6)Schedule 2, part 2—
omit.

68Amendment of sch 5A (Civil penalties)

Schedule 5A, part 3, item 3—
omit, insert—

3the obligations under section 195 of the Act (relating to notification of accidents, incidents, or deaths)

4the obligations under section 195AA(1) of the Act (relating to notification of diseases)

69Amendment of sch 7 (Dictionary)

Schedule 7, definition practising certificate—
omit.

70Regulation amended

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

71Amendment of s 10 (Prescribed incidents—Act, s 706)

Section 10(2) to (4)—
omit.

72Amendment of s 11 (Activities prescribed for definition of operating plant)

(1)Section 11, heading, after ‘plant’—
insert—

—Act, s 670

(2)Section 11(3)—
insert—

(e)the production of hydrogen as a fuel gas.

(3)Section 11—
insert—

(4)Subsection (3)(c) does not apply to the use of a biogas produced from a limited capacity biogas system within the meaning of section 724 of the Act.

(5)Subsection (3)(e) does not apply to the production of hydrogen as a fuel gas if the production is an integral part of a fuel cell gas device or fuel cell gas system.

(6)In this section—

fuel cell gas device has the meaning given by the hydrogen safety code.

fuel cell gas system has the meaning given by the hydrogen safety code.

73Amendment of s 12A (Prescribed gas flares)

Section 12A, heading, after ‘flares’—
insert—

—Act, s 724

74Insertion of new s 12B

After section 12A—
insert—

12B Limited capacity biogas system—Act, s 724

For section 724(5) of the Act, definition limited capacity biogas system, the amount prescribed is 50Kw.

75Insertion of new ch 7A, pt 1A

Chapter 7A, after part 1—
insert—

Part 1A Types of gas device approval authorities

138AA Types of gas device approval authorities—Act, s 731AB

(1)For section 731AB of the Act, the following 4 types of gas device approval authorities are prescribed—

(a)a gas device (type A) approval authority;

(b)a gas device (type A2) approval authority;

(c)a gas device (type B) approval authority;

(d)a gas device (type B2) approval authority.

(2)A gas device (type A) approval authority authorises the holder of the authority to approve a gas device (type A), other than an eligible gas device (type A).

(3)A gas device (type A2) approval authority authorises the holder of the authority to approve an eligible gas device (type A).

(4)A gas device (type B) approval authority authorises the holder of the authority to approve a gas device (type B), other than a fuel gas refrigeration device.

(5)A gas device (type B2) approval authority authorises the holder of the authority to approve a fuel gas refrigeration device.

76Amendment of sch 6 (Fees)

Schedule 6, part 2, item 2, ‘(Act, s 734AC(1)(c))’—
omit, insert—

(Act, s 734AC(1)(b))