Resources Legislation (Safety and Health Fees) Amendment Regulation 2021

1Short title

This regulation may be cited as the Resources Legislation (Safety and Health Fees) Amendment Regulation 2021.

2Commencement

(1)This regulation, other than part 5, commences on 1 January 2022.

(2)Part 5 commences on 1 July 2022.

3Regulation amended

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

4Amendment of sch 8 (Fees)

Schedule 8, part 2—
omit, insert—

Part 2 Other fees

		$
1	Safety and health fee for a reporting period that is a quarter (s 12E(2))—
	(a)  if the number of coal mine workers working at a coal mine during the quarter is 5 or fewer	nil
	(b)  if the number of coal mine workers working at a 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 a 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 a 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 a 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 reporting period that is a financial year (s 12E(2))—
	(a)  if the number of coal mine workers working at a coal mine during the financial year is 5 or fewer	nil
	(b)  if the number of coal mine workers working at a 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 a 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 a 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 a 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

5Regulation amended

This part amends the Explosives Regulation 2017.

6Amendment of sch 2 (Fees)

Schedule 2, part 2—
omit, insert—

Part 2 Safety and health fees

		$
1	Safety and health fee for a reporting period that is a quarter (s 178(2))—
	(a)  if the number of explosives workers working under an authority during the quarter is 5 or fewer	nil
	(b)  if the number of explosives workers working under an 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 an 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 an 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 an 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 a reporting period that is a financial year (s 178(2))—
	(a)  if the number of explosives workers working under an authority during the financial year is 5 or fewer	nil
	(b)  if the number of explosives workers working under an 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 an 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 an 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 an 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.

8Amendment of sch 6 (Fees)

Schedule 6, part 2—
omit, insert—

Part 2 Other fees

		$
1	Safety and health fee for a reporting period that is a quarter (s 11C(2))—
	(a)  if the number of workers working at a mine during the quarter is 5 or fewer	nil
	(b)  if the number of workers working at a 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 a 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 a 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 a 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 reporting period that is a financial year (s 11C(2))—
	(a)  if the number of workers working at a mine during the financial year is 5 or fewer	nil
	(b)  if the number of workers working at a 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 a 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 a 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 a 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 s 158 (Requirements for safety and health fee return)

Section 158(1)(q)—
omit, insert—

(q)for a person mentioned in section 155(2)(q)—

(i)the number of sites operated by the person with a facility that produces or processes biogas or biomethane; and

(ii)the actual gas usage, or nameplate capacity, for each site operated by the person with a facility that produces or processes biogas or biomethane; and

11Replacement 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—
omit, insert—

14Facility that produces or processes biogas or biomethane

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—$0;

(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;

(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.