Part 1Preliminary1Short titleThis regulation may be cited as the Resources Safety and Health Legislation (Fees and Other Matters) Amendment Regulation 2021.2CommencementThis regulation commences on 1 July 2021.Part 2Amendment of Coal Mining Safety and Health Regulation 20173Regulation amendedThis part amends the Coal Mining Safety and Health Regulation 2017.4Amendment of s 12E (Payment of safety and health fee)(1)Section 12E(4)—omit, insert—(4)Subsection (5) applies if the responsible person for the coal mine gives the CEO a safety and health census under section 12F for a reporting period for the coal mine.(4A)The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine—

(a)if the reporting period is a financial year—before 30 August of the year; or

(b)if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or

(c)if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or

(d)if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or

(e)if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.

(2)Section 12E(7), ‘Subsection (4)’—omit, insert—Subsection (5)(3)Section 12E—insert—(8)Subsection (10) applies if—

(a)the responsible person for a coal mine gives the CEO a safety and health census for a reporting period for the coal mine after the end of the period within which the census was required to be given under section 12F; and

(b)the CEO has not given the responsible person for the coal mine a notice mentioned in section 12G(2) relating to the census.

(9)The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine within 40 days after receiving the census.(10)The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.(4)Section 12E(4A) to (10)—renumber as section 12E(5) to (11).5Amendment of s 371 (Tasks—Act, s 76)(1)Section 371, heading, ‘s 76’—omit, insert—s 76A(2)Section 371, ‘section 76(3)(a) of the Act’—omit, insert—section 76A(a)(i) of the Act6Amendment of sch 1 (Diseases for section 198(6) of the Act)Schedule 1, ‘a nominated medical adviser’—omit, insert—an appointed medical adviser7Amendment of sch 7 (Prescribed tasks for section 76(3)(a) of the Act)Schedule 7, heading, ‘section 76(3)(a) of the Act’—omit, insert—section 76A(a)(i) of the Act8Replacement of sch 8 (Fees)Schedule 8—omit, insert—Schedule 8Feessections 12E, 12H and 372Part 1Board of examiners fees$1Application for assessment for a first class, or second class, certificate of competency44.952Application for assessment for a deputy’s, or open-cut examiner’s, certificate of competency26.603Application for assessment for a ventilation officer’s certificate of competency24.904Issuing a duplicate certificate of competency to replace a lost, destroyed or defaced certificate8.70Part 2Other fees$1Safety 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 more than 5 but not more than 10—for each coal mine worker working at the coal mine during the quarter30.35(b)if the number of coal mine workers working at a coal mine during the quarter is more than 10—for each coal mine worker working at the coal mine during the quarter240.902Safety 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 more than 5 but not more than 10—for each coal mine worker working at the coal mine during the financial year121.40(b)if the number of coal mine workers working at a coal mine during the financial year is more than 10—for each coal mine worker working at the coal mine during the financial year964.003Fee for late safety and health census (s 12H(4))121.409Amendment of sch 9 (Dictionary)Schedule 9, definition appointed medical adviser, ‘, for chapter 2, part 6, division 2—’—omit.Part 3Amendment of Explosives Regulation 201710Regulation amendedThis part amends the Explosives Regulation 2017.11Insertion of new s 177AAfter section 177—insert—177A Application of partThis part does not apply in relation to a reporting period for any of the following authorities issued under section 19—

(a)a permit to import explosives;

(b)a permit to export explosives;

(c)a permit to store explosives;

(d)an explosives driver licence;

(e)a licence to use explosives, if the only explosives worker under the licence for the reporting period is an individual, or an individual who is a partner in a partnership, who holds the licence;

(f)a shotfirer licence, if the only explosives worker under the licence for the reporting period is an individual, or an individual who is a partner in a partnership, who holds the licence;

(g)a fireworks operator licence;

(h)a licence to collect ammunition.

12Amendment of s 178 (Payment of safety and health fee)(1)Section 178(4)—omit, insert—(4)Subsection (5) applies if the holder of the authority gives the CEO a safety and health census under section 179 for a reporting period for the authority.(4A)The CEO must give the holder of the authority an invoice for the amount of the safety and health fee for the reporting period for the authority—

(a)if the reporting period is a financial year—before 30 August of the year; or

(b)if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or

(c)if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or

(d)if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or

(e)if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.

(2)Section 178(7), ‘Subsection (4)’—omit, insert—Subsection (5)(3)Section 178—insert—(8)Subsection (10) applies if—

(a)the holder of an authority gives the CEO a safety and health census for a reporting period for the authority after the end of the period within which the census was required to be given under section 179; and

(b)the CEO has not given the holder of the authority a notice mentioned in section 180(2) relating to the census.

(9)The CEO must give the holder of the authority an invoice for the amount of the safety and health fee for the reporting period for the authority within 40 days after receiving the census.(10)The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.(4)Section 178(4A) to (10)—renumber as section 178(5) to (11).13Replacement of sch 2 (Fees)Schedule 2—omit, insert—Schedule 2Feessections 13(2)(c), 16(2)(c), 18D, 21, 178(2) and 181(3)Part 1Fees for security clearance, authorities and declaration$1Security clearance—(a)application for security clearance203.40(b)application for renewal of security clearance162.702Licence to import explosives or licence to export explosives—(a)for blasting explosives—(i)application for licencenil(ii)licence for 1 year759.00(b)for propellant powders and ammunition—(i)application for licencenil(ii)licence for 1 year504.00(c)for fireworks—(i)application for licencenil(ii)licence for 1 year371.30(d)for distress signals—(i)application for licencenil(ii)licence for 1 year113.50(e)for an explosive not mentioned in any of paragraphs (a) to (d)—(i)application for licencenil(ii)licence for 1 year371.303Licence to manufacture explosives—(a)for an explosives factory other than a mobile manufacturing unit—(i)application for licencenil(ii)licence for 1 year470.20(b)for a mobile manufacturing unit—(i)application for licencenil(ii)licence for 1 year216.30(c)for manufacture of explosives at a place that is not an explosives factory—(i)application for licencenil(ii)licence for 1 year109.004Licence to sell explosives—(a)for blasting explosives—(i)application for licencenil(ii)licence for 1 year91.75(b)for propellant powders—(i)application for licencenil(ii)licence for 1 year91.75(c)for fireworks—(i)application for licencenil(ii)licence for 1 year91.75(d)for ammunition—(i)application for licencenil(ii)licence for 1 year16.95(e)for an explosive not mentioned in any of paragraphs (a) to (d)—(i)application for licencenil(ii)licence for 1 year91.755Licence to store explosives—(a)for blasting explosives up to 100kg—(i)application for licencenil(ii)licence for 1 year120.30(b)for blasting explosives greater than 100kg—(i)application for licencenil(ii)licence for 1 year470.20(c)for propellant powders up to 100kg—(i)application for licencenil(ii)licence for 1 year45.20(d)for propellant powders greater than 100kg but not greater than 250kg—(i)application for licencenil(ii)licence for 1 year120.30(e)for propellant powders greater than 250kg—(i)application for licencenil(ii)licence for 1 year470.20(f)for fireworks up to 100kg (gross weight)—(i)application for licencenil(ii)licence for 1 year45.20(g)for fireworks greater than 100kg (gross weight)—(i)application for licencenil(ii)licence for 1 year470.20(h)for an explosive not mentioned in any of paragraphs (a) to (g), up to 100kg—(i)application for licencenil(ii)licence for 1 year45.20(i)for an explosive not mentioned in any of paragraphs (a) to (g), greater than 100kg—(i)application for licencenil(ii)licence for 1 year470.206Licence to transport explosives—(a)application for licencenil(b)licence for 1 year for each vehicle stated in the licence120.307Explosives driver licence—(a)application for licencenil(b)licence for 1 year 65.058Licence to use explosives—(a)application for licencenil(b)licence for 1 year65.059Shotfirer licence—(a)application for licencenil(b)licence for 1 year65.0510Fireworks contractor licence—(a)application for licencenil(b)licence for 1 year432.3011Fireworks operator licence—(a)application for licencenil(b)licence for 1 year138.0012Licence to collect ammunition—(a)application for licencenil(b)licence for 1 year16.9513Application for permit to import explosivesnil14Application for permit to export explosivesnil15Application for permit to store explosivesnil16Application for explosives trial approval (s 16(2)(c))nil17Request for declaration that explosive is an authorised explosive (s 13(2)(c))155.6018Transfer of licence other than a licence to use an explosive47.3019Copy of licence or security clearance47.30Part 2Safety and health fee$1Safety 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 more than 5 but not more than 10—for each explosives worker working under the authority during the quarter30.35(b)if the number of explosives workers working under an authority during the quarter is more than 10—for each explosives worker working under the authority during the quarter240.902Safety 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 more than 5 but not more than 10—for each explosives worker working under the authority during the financial year121.40(b)if the number of explosives workers working under an authority during the financial year is more than 10—for each explosives worker working under the authority during the financial year964.003Fee for late safety and health census (s 181(3))121.40Part 4Amendment of Mining and Quarrying Safety and Health Regulation 201714Regulation amendedThis part amends the Mining and Quarrying Safety and Health Regulation 2017.15Amendment of s 11B (Meaning of responsible person)Section 11B(1)(a), after ‘prospecting permit’—insert—or mining claim16Amendment of s 11C (Payment of safety and health fee)(1)Section 11C(4)—omit, insert—(4)Subsection (5) applies if the responsible person for the mine gives the CEO a safety and health census under section 11D for a reporting period for the mine.(4A)The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine—

(a)if the reporting period is a financial year—before 30 August of the year; or

(b)if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or

(c)if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or

(d)if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or

(e)if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.

(2)Section 11C(7), ‘Subsection (4)’—omit, insert—Subsection (5)(3)Section 11C—insert—(8)Subsection (10) applies if—

(a)the responsible person for a mine gives the CEO a safety and health census for a reporting period for the mine after the end of the period within which the census was required to be given under section 11D; and

(b)the CEO has not given the responsible person for the mine a notice mentioned in section 11E(2) relating to the census.

(9)The CEO must give the responsible person for the mine an invoice for the amount of the safety and health fee for the reporting period for the mine within 40 days after receiving the census.(10)The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.(4)Section 11C(4A) to (10)—renumber as section 11C(5) to (11).17Amendment of sch 5 (General exposure limits for hazards)Schedule 5, entry for crystalline silica (cristobalite, quartz, tridymite), column 2, note—omit.18Replacement of sch 6 (Fees)Schedule 6—omit, insert—Schedule 6Feessections 11C(2), 11F(4) and 151Part 1Board of examiners’ fees$1Application for assessment for a first class certificate of competency44.952Issuing a duplicate certificate of competency to replace a lost, destroyed or defaced certificate8.70Part 2Other fees$1Safety 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 more than 5 but not more than 10—for each worker working at the mine during the quarter30.35(b)if the number of workers working at a mine during the quarter is more than 10—for each worker working at the mine during the quarter240.902Safety 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 more than 5 but not more than 10—for each worker working at the mine during the financial year121.40(b)if the number of workers working at a mine during the financial year is more than 10—for each worker working at the mine during the financial year964.003Fee for late safety and health census (s 11F(4))121.4019Amendment of sch 7 (Dictionary)Schedule 7, definition Australian Qualifications Framework—omit.Part 5Amendment of Petroleum and Gas (General Provisions) Regulation 201720Regulation amendedThis part amends the Petroleum and Gas (General Provisions) Regulation 2017.21Amendment of s 5 (Substances that are petroleum)(1)Section 5(1)(b) and (c)—omit, insert—

(b)biomethane;

(2)Section 5(1)(d)—renumber as section 5(1)(c).22Amendment of s 6 (Substances that are fuel gas)(1)Section 6(1)(c) and (d)—omit, insert—

(c)biomethane;

(2)Section 6(1)(e)—renumber as section 6(1)(d).23Amendment of sch 5 (Dictionary)Schedule 5—insert—biogas has the meaning given by ISO 20675 ‘Biogas—Biogas production, conditioning, upgrading and utilization—Terms, definitions and classification scheme’.Examples of biogas—

•biogas derived from a waste disposal tip

•biogas derived during the treatment of sewage

biomethane has the meaning given by ISO 20675 ‘Biogas—Biogas production, conditioning, upgrading and utilization—Terms, definitions and classification scheme’.Examples of biomethane—

•biomethane derived from a waste disposal tip

•biomethane derived during the treatment of sewage

Part 6Amendment of Petroleum and Gas (Safety) Regulation 201824Regulation amendedThis part amends the Petroleum and Gas (Safety) Regulation 2018.25Amendment of s 155 (Who is liable to pay a safety and health fee)Section 155(2)(q)—omit, insert—

(q)the operator of a facility that produces or processes biogas or biomethane;

26Amendment of s 156 (Who is not liable to pay a safety and health fee)Section 156(1)(a)(ii)—omit, insert—

(ii)for an operator mentioned in section 155(2)(q)—all the gas produced or processed is passively vented and the facility is a waste disposal tip;

27Amendment 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)—the number of sites operated by the person with a facility that produces or processes biogas or biomethane; and

28Amendment of sch 5 (Gas work licences and gas work authorisations)Schedule 5, part 2, entry for gas work licence (hydrocarbon refrigerant), all the words in column 2—omit, insert—

(a)a current refrigerant handling licence of a type listed in the gas work requirements for the type of gas work licence; and

(b)the required units of competency for the type of licence

29Amendment of sch 6, pts 1 and 2Schedule 6, parts 1 and 2—omit, insert—Part 1Gas work licence and gas work authorisation fees$1Application for gas work licence (Act, s 728A(b))48.752Annual fee for gas work licence (s 126(2))32.453Application for gas work authorisation (Act, s 728A(b))—(a)for a gas work authorisation (industrial appliances)81.40(b)for a gas work authorisation (major project)2,454.00(c)for a gas work authorisation (motor fuel)81.40(d)for a gas work authorisation (servicing)81.404Annual fee for gas work authorisation (s 126(2))—(a)for a gas work authorisation (industrial appliances)48.75(b)for a gas work authorisation (major project)2,454.00(c)for a gas work authorisation (motor fuel)48.75(d)for a gas work authorisation (servicing)48.755Replacement of gas work licence or gas work authorisation48.75Part 2Other fees mentioned in 2004 Act$1Application for gas quality approval (Act, s 622(2)(b))398.802Copy of a document or information held in the register of gas work licences and authorisations (Act, s 734AC(1)(c))15.5530Amendment of sch 6, pt 3, s 2 (Drilling wells)Schedule 6, part 3, section 2(1), ‘$1,579’—omit, insert—$1,60631Amendment of sch 6, pt 3, s 3 (Well completion or maintenance work)Schedule 6, part 3, section 3(1), ‘$297.20’—omit, insert—$302.3032Amendment of sch 6, pt 3, s 4 (Exploration)Schedule 6, part 3, section 4(1), ‘$2.55’—omit, insert—$2.6033Amendment of sch 6, pt 3, s 5 (Producing petroleum under a petroleum lease)Schedule 6, part 3, section 5(1), ‘$1,628’—omit, insert—$1,65634Amendment 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;

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

(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;

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

(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;

(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;

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

(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.

(2)Schedule 6, part 3, section 6(2)(a)(i), example—omit, insert—Example for subparagraph (i)—If there is a facility that produces syngas and a facility that produces mineral (f) under an underground gasification activity and both facilities are operated at a single site under a single safety management system, the operator of the facilities is only required to pay a fee of $13,870 rather than fees totalling $20,803.(3)Schedule 6, part 3, section 6(2)(b)(i), example—omit, insert—Example for subparagraph (i)—If there is a major processing facility that produces LPG from petroleum, the operator of the facility is only required to pay a fee of $13,870 rather than fees totalling $24,271.35Amendment of sch 6, pt 3, s 7 (Facility used to carry out a GHG storage activity)Schedule 6, part 3, section 7(1), ‘$13,638’—omit, insert—$13,87036Amendment of sch 6, pt 3, s 8 (Pipelines)Schedule 6, part 3, section 8(1), ‘$0.0003953’—omit, insert—$0.000402037Amendment of sch 6, pt 3, s 9 (Operating a distribution system)Schedule 6, part 3, section 9, ‘$207.00’—omit, insert—$210.5038Amendment 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; 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; or

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

(2)Schedule 6, part 3, section 10(2), ‘$682,022’—omit, insert—$693,61639Amendment of sch 6, pt 3, s 11 (Product supplier of automotive LPG)Schedule 6, part 3, section 11, ‘$4.55’—omit, insert—$4.6540Amendment 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;

(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;

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

41Amendment of sch 6, pt 3, s 15 (Special effects gas system)Schedule 6, part 3, section 15, ‘$1,361’—omit, insert—$1,38442Amendment of sch 6, pt 3, s 16 (Late fees)Schedule 6, part 3, section 16(1) and (2)(a), ‘$679’—omit, insert—$69143Amendment of sch 7 (Dictionary)Schedule 7—insert—biogas has the meaning given by ISO 20675 ‘Biogas—Biogas production, conditioning, upgrading and utilization—Terms, definitions and classification scheme’.Examples of biogas—

•biogas derived from a waste disposal tip

•biogas derived during the treatment of sewage

biomethane has the meaning given by ISO 20675 ‘Biogas—Biogas production, conditioning, upgrading and utilization—Terms, definitions and classification scheme’.Examples of biomethane—

•biomethane derived from a waste disposal tip

•biomethane derived during the treatment of sewage