APPENDIX 1 - REGULATORY FRAMEWORK

The legislative and regulatory framework for underground mining comprises:

• The HSE Act - this is a performance-based law that promotes the prevention of harm to all people at work or in the vicinity of places of work. It places duties on employers, the self-employed, employees, principals and others who are in a position to manage or control hazards. It emphasises systematic management of health and safety, and requires employers and others to maintain safe working environments and implement sound practice. It recognises that successful health and safety management is best achieved through good faith co-operation in the place of work and, in particular, through the input of those doing the work.
• The HSE (Mining Administration) Regulations 1996 (the "Mining Administration Regulations") - require certificates of competence for managing and supervising underground mining operations (these largely carry over the pre-HSE Act provisions).
• The HSE (Mining - Underground) Regulations 1999 (the "Mining Underground Regulations") - require mine plans, certain records (e.g. operations, employees underground, monitoring), notifications (commencing and ceasing operations, and specific accidents), and some prescribed technical standards. The policy intention of the regulations was to provide well-defined standards for known hazards that could have lethal consequences (i.e. structural collapse, flooding, inadequate ventilation, gas explosions, fire and equipment failure), support the development of quality management systems, and assist the inspectorate.
• The Hazardous Substances and New Organisms (HSNO) Act 1996 and regulations - these cover the use of explosives and other hazardous substances in underground mines.

The HSE Act framework replaced the Mining Act 1971, the Coals Mines Act 1979, and the Quarries and Tunnels Act 1982. These were sector/activity specific, and highly prescriptive of technical workplace standards. The Acts were administered by the Mining Inspection Group, based in the Ministry of Commerce (now the Crown Minerals unit of the Ministry of Economic Development), and funded through an industry-specific levy. The inspection role transferred to the department in 1998 and the industry levy was abolished. Crown Minerals still administers the Crown Minerals Act 1991, which covers mining permits etc.

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