Opal mining WHS
Work health and safety obligations that apply to opal mines in NSW are outlined within the Work Health and Safety (Mines and Petroleum) Act 2013 and the supporting Work Health and Safety (Mines and Petroleum) Regulation 2022.
They apply in addition to the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.
What obligations apply to opal mining?
The following key requirements apply in relation to opal mining:
- notifying the regulator of the mine operator
- the mine operator must undergo safety training - Download Fact sheet Nomination of mine operator and safety training for opal mines (PDF, 94.63 KB)
- managing risks to health and safety associated with mining operations
- developing, implementing, maintaining and reviewing a safety management system
- providing information to adjoining mine owners
- emergency planning
- obligations in relation to contractors (for example, if contractors provide drilling services)
- information, training and instruction for workers
- notifying the regulator of certain incidents (including notifiable incidents and high potential incidents)
- keeping a mine record.
Guide: Opal and gemstone mining
The Opal and gemstone mining guide (PDF, 21.86 MB) is designed to provide material focussing on practical guidance and best practice in opal and gemstone mines.
The guide deals with common health and safety issues at opal and gemstone mines but does not cover all hazards or risks that may arise at each mine. The health and safety laws require mine operators and others to consider all risks associated with working at opal or gemstone mines.
A hard copy of the guide is provided when you undertake the Opal Mining Safety Workshop.
What systems, plans and procedures are needed?
The safety management system must provide a comprehensive and integrated system for the management of all aspects of risks to health and safety relating to the mine's operation. This includes:
- the nature, complexity and location of the mining operations, and
- the risks associated with those operations.
Operators of opal mines are not required to prepare principal mining hazard management plans and principal control plans. Instead, they must ensure that the safety management system for the mine sets out the systems, procedures, plans and other control measures that will be used to control any risks to health and safety at the mine associated with the following:
- ground or strata failure
- inundation or inrush of any substance
- mine shafts and winding systems
- roads or other vehicle operating areas
- air quality or dust or other airborne contaminants
- the mechanical aspects of plant or structures
- electricity
- ventilation
- a hazard identified by the mine operator that has a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents.
Regulation provisions that don’t apply to opal mining
The following provisions of the Work Health and Safety (Mines and Petroleum) Regulation 2022 do not apply to opal mining:
Clause number |
Topic |
Specific matter |
14(1)(c) |
Safety management system |
(c) the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with mining operations at the mine, including: (i) the principal mining hazard management plans for the mine prepared under Division 2, and (ii) the principal control plans for the mine, and (iii) in the case of an underground mine—the ventilation control plan and ventilation plan prepared for the mine under Subdivision 2 of Division 5, and (iv) in the case of an underground coal mine—the matters required under Subdivision 3 of Division 5, |
Part 2, Divisions 2 and 3 (Clauses 23-26) |
Principal mining hazard management plans and principal control plans |
All |
27 |
Communication between outgoing and incoming shifts |
All |
47 |
Winding systems |
All |
48 |
Ropes |
all |
55 |
Air quality—minimum standards for ventilated air |
All |
59(3) |
Ventilation system—further requirements |
The mine operator must ensure that, at every point in areas of the mine where persons work or travel, the ventilation system for the mine provides at least one cubic metre of air per second. |
60 |
Monitoring and testing of ventilation system |
All |
61 |
Modelling to take place before changes to ventilation system |
All |
62 |
Duty to prepare ventilation control plan |
All |
63 |
Review of ventilation control plan |
All |
88(2)(a)(ii) |
Emergency planning |
(ii) that a record of all persons who are underground at a mine (other than an opal mine) at any given time and each person's likely location is accurately maintained and is readily available in an emergency |
89 |
Consultation in preparation of emergency plan |
All |
100 |
Self-rescuers |
All |
122 |
Survey plan of mine must be prepared |
All |
129 |
Duty to notify regulator of other matters |
All |
130 |
Quarterly reports |
All |
Schedule 3 Clause 4 |
Notification of High risk activities |
Development of a new mine entry |
Schedule 10 |
Statutory functions |
All |