Registering an item of plant on a mine site

• All general and specific exemptions relating to classified plant on mine sites under the MSIR expired on or before 31 March 2025, as outlined in the transitional provisions.
• Classified plant that was registered by the State mining engineer under the MSIR prior to 31 March 2022 is deemed to be both design and item registered under the WHS Act and no additional action is required.
• There is a change to the certain types of equipment that require registration, and all plant design and item registrations are conducted under the WHS General Regulations as referenced in the WHS Mines Regulations.
• There is a new application process for mining operations to submit their design and plant registration applications.
• There is no longer a requirement to keep a classified plant record book (or other hard copies of plant records) at the mine. This is replaced with the requirement to keep records of all plant at the mine.
• There is no longer provision to appoint a competent person under section 44 of the Mines Safety and Inspection Act 1994 (MSIA) for the inspection of classified plant at a mine.
• Statutory inspection intervals are not defined in the WHS Mines Regulations.

On 31 March 2022, the general exemption which applied to some classified plant lapsed and the transitional provisions in the WHS laws took effect. These transitional provisions ended on 31 March 2025.

All items of plant or plant designs that meet the requirements set out in Division 5 of the Work Health and Safety (Mines) Regulation 2022 now require registration to be used on a mine site.

If an item of plant:

• held a MSIR exemption from registration
• does not meet any classification set out in r. 718 of the Work Health and Safety (Mines) Regulation 2022
• is in use at a mine

the item must be registered with WorkSafe WA.

Regulation 706(b) of the WHS Mines Regulations outlines if an item of plant was submitted for registration under the MSIR prior to WHS commencement, this application will be processed under the conditions of the MSIR.

WHS Mines Regulations r. 716 details the instances where plant that is registered under the MSIR is to be taken as registered for both design and item as under WHS Mines Regulations Part 5.3. In these instances there is no action for the mine.

Part 5.3 of the WHS Mines Regulations does not apply to any item of plant that is not required to be registered under MSIR r. 6.34 and that was manufactured or completed:

• on WHS commencement, or
• prior to WHS commencement, or
• within 2 years of WHS commencement

• Plant that has changed registration status and now needs to be registered:
  • Concrete placing booms require both a ‘design’ registration and an ‘item of plant’ registration
• Plant that is no longer required to be registered:
  • Scissor lift EWPs and vertically moving platforms will no longer require registration.

For detailed information, refer to WHS Mines Regulations Schedule 5 – Registration of plant and plant designs.

All registrations of plant under the WHS legislation will be conducted through Part 5.3 of the WHS General Regulations. All regulations not specifically relating to the registration process in relation to the management of registerable plant are mirrored across the WHS Mining Regulations and WHS General Regulations.

Under the WHS Act there is no equivalent provision for an MSIA s. 44 appointment for the management or inspection of registered plant. Under s. 19 of the WHS Act, the mine operator and site senior executive are to ensure a safe workplace. The management of plant is to form part of the mine safety management system.

As part of this transition, there is no requirement to keep a physical book of registered plant details and inspections. These details and records need to be maintained as part of the mine’s maintenance system and need to be produced on request by an inspector.

Regulation 282 of the WHS General Regulations states that the registration holder must notify the regulator within 14 days of:

• a change to the registration holder’s name
• a change to the business name
• alterations to plant that warrant new control measures (this may also require registering an alteration to design application)
• relocation of plant that is usually fixed
• transfer of the management or control of an item of plant.