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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters


2 Interpretation

2
Interpretation
In these regulations, unless the context otherwise requires,—
Acting manager means the employee designated for the purpose referred to in regulation 7(1)(b) of these regulations:
Certificate of competence means a certificate of one of the kinds referred to in regulation 16 of these regulations:
Coal
(a)
Means anthracite, bituminous coal, lignite, oil shale, peat, and sub-bituminous coal; and
(b)
Includes every other substance worked or normally worked with coal:
Current, in relation to a certificate of competence, means a certificate of competence that has been issued under regulation 23 of these regulations and has not expired or been cancelled or suspended under regulation 26 of these regulations:
Employee,—
(a)
In relation to an operation, means an employee of the operation; and
(b)
In relation to a person who controls a place of work, means a person working in the place of work:
Employer includes a person who controls a place of work:
Geothermal fluid means all steam, water, and water vapour, and every mixture of all or any of them (which mixture may include gases), that has been heated within the earth by natural phenomena to a temperature of 70 degrees Celsius or more:
Manager means the person appointed for the purposes referred to in regulation 7(1)(a) of these regulations:
Metalliferous mine
(a)
Means any place where any person works above or below ground for the purpose of—
(i)
Extracting any mineral from the earth; or
(ii)
Processing any mineral extracted from the earth at that place; and
(b)
Includes any place where any person works below ground for the purpose of—
(i)
Extracting any material, other than any coal or any mineral, from the earth; or
(ii)
Processing any material, other than any coal or any mineral, extracted from the earth at that place; and
(c)
Includes any place in which any mineral or material extracted or processed as described in paragraph (a) or paragraph (b) of this definition is—
(i)
Crushed or screened; or
(ii)
Extracted from any other mineral or material extracted or processed as described in paragraph (a) or paragraph (b) of this definition:
Mineral
(a)
Means any mineral, mineral substance, metal, or precious stone; but
(b)
Does not include clay, coal, gravel, limestone, sand, or stone:
Opencast coal mine
(a)
Means any place where any person works above ground for the purpose of—
(i)
Extracting any coal from the earth; or
(ii)
Processing any coal extracted from the earth at that place; and
(b)
Includes any place in which coal so extracted or processed is washed, crushed, or screened:
Operation
(a)
Includes any operation in which any activity is carried out pursuant to a prospecting licence or an exploration licence granted under the Mining Act 1971 or a coal prospecting licence granted under the Coal Mines Act 1979 or a prospecting permit or an exploration permit granted under the Crown Minerals Act 1991, being in each case a licence or permit in force; and
(b)
Includes any operation in which any exploratory activity is carried out by machinery for the purpose of ascertaining whether a mine or a quarry may be worked; and
(c)
Includes any operation in which a mine or a quarry is worked or a tunnel is made; and
(d)
Includes any buildings, machinery, or works—
(i)
At a place where a mine or quarry is worked or a tunnel is made; and
(ii)
Used for the purposes of the working of the mine or quarry or the making of the tunnel; and
(e)
Includes, in relation to any operation in which a mine or a quarry is worked, any activity carried out in relation to the working of the mine or the quarry and any activity required to open or close the workings in the mine or the quarry; and
(f)
Includes, in relation to any operation in which a tunnel is made, any activity carried out in relation to the making of the tunnel and any activity required to open or close the works relating to the making of the tunnel; but
(g)
Does not include any operation in which occurs—
(i)
Exploration, mining, or prospecting for geothermal fluids or minerals associated with geothermal fluids; or
(ii)
Exploration, mining, or prospecting for petroleum; or
(iii)
Any activity on a pipeline used for transporting any geothermal fluid, mineral, or petroleum outside the boundary of the operation:
Petroleum means—
(a)
Any naturally occurring hydrocarbon (other than coal) whether in a gaseous, liquid, or solid state; or
(b)
Any naturally occurring mixture of hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state; or
(c)
Any naturally occurring mixture of one or more hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state, and one or more of the following, namely hydrogen sulphide, mercaptan, nitrogen, helium, or carbon dioxide—
and includes any petroleum as so defined that has been mined or otherwise recovered from its natural condition, or that has been so mined or otherwise recovered but that has been returned to a natural reservoir for storage purposes in the same or an adjacent area:
Underground coal mine
(a)
Means any place where any person works below ground for the purpose of—
(i)
Extracting any coal from the earth; or
(ii)
Processing any coal extracted from the earth at that place; and
(b)
Includes any place in which coal so extracted or processed is washed, crushed, or screened.

History Note - Regulations of New Zealand

These Regulations were revoked, as from 16 December 2013, by reg 233(a) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483). See Schedule 1 of those Regulations for the application, savings, and transitional provisions.

From Employment Law - Occupational Safety & Health

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