FORM | WHS (MINES AND PETROLEUM SITES) LEGISLATION

Notification by licence holders of non-compliance of Ex-certified equipmentMay 2023

The NSW Resources Regulator has reporting requirements for licence, holders of licences for overhauling, repairing or modifying activities that may affect the explosion-protection properties of explosion-protected plant, for the notification of instances where certified explosion protected (Ex) electrical equipment has been identified as not complying with the applicable certificate of conformity (CoC).

The following condition is now contained in licences granted under clause 152(2)(b) of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014:

Where any non-compliance of explosion protected electrical plant is identified by, or reported to, the licensed facility, and no evidence of any prior assessment by a facility licensed by the Regulator can be identified, the licence holder must report such non-compliance to the Regulator within 14 days of becoming aware of the non-compliance.

Notification is to be made when Ex certified electrical equipment is identified as not complying with the relevant CoC and the equipment:

• has been supplied as a ‘new’ item to the licensed workshop, or • is undergoing an initial assessment or overhaul against the requirements of AS/NZS 3800, or • has been installed in a manner that is non-compliant with the CoC documentation i.e. IS

parameters or conditions of use have not been complied with; or • has been reported to the licensed workshop by an end user to whom that new Ex-certified

equipment was supplied, either as an assembly or as a sub-assembly of a larger item of plant.

Reports are to be provided to the NSW Resource Regulator, for attention of the Senior Inspector of Electrical Engineering, using the attached notification form. A copy of each submitted notification form must be kept by the licence holder for a period of five years.

Completed forms are to be submitted to MineSafety.Registration@industry.nsw.gov.au

Additional information which assists in identifying the non-conformance should also be included. This may include sketches, photographs, plans etc.

Note: Where the non-compliant equipment has been provided to the workshop by a mine, the non-compliance should also be brought to the attention of the mine operator.

Contact the Resources Regulator on 02 4931 6666 for further information.

NSW Resources Regulator 1

Notification by licence holders of non-compliance of Ex-certified equipment

FORM: Ex-certified equipment non-compliance noticeFor licences granted under clause 152(2)(b) of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 for undertaking overhauling, repairing or modifying activities that may affect the explosion-protection properties of explosion-protected plant.

Details of non-compliant equipment

Ex equipment make and model:

     

Details of the identified non-compliance

     

Certificate of conformity no: (copy to be provided, including all relevant drawings)

     

CoC issue/revision no.      

Serial number:      

Certificate holder:      

Manufacturer:      

Date of manufacture      

Equipment supplier:      

Details of end user equipment

Plant type:      

Plant serial/plant number:      

Plant owner:      

Equipment supplier:      

Details of the reporting entity

Licence holder      

Name of person making report

     

Signed      

Date      

NSW Department of Planning and Environment, Resources Regulator 2

Notification by licence holders of non-compliance of Ex-certified equipment

Submitting the formForms should be forwarded to:

Senior Inspector of Electrical Engineering, Resources Regulator: MineSafety.Registration@industry.nsw.gov.au

© State of New South Wales through the NSW Department of Planning and Environment 2017.

This publication is copyright. You may download, display, print and reproduce this material in an unaltered form only (retaining this notice) for your personal use or for non-commercial use within your organisation. To copy, adapt, publish, distribute or commercialise any of this publication you will need to seek permission from the NSW Department of Planning and Environment.

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (May 2023). However, because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency of the information with the appropriate officer of the NSW Department of Planning and Environment or the user’s independent advisor.

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NSW Department of Planning and Environment, Resources Regulator 3