Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:304:p1
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 304 (pt 1/2)
Character Range: 411985–414875

304  Excavation work—underground essential services information
 (1) This regulation applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas.
 (2) A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subregulation (1) before directing or allowing the excavation work to commence.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
 (3) The person with management or control of the workplace must provide the information obtained under subregulation (2) to any person engaged by the person to carry out the excavation work.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
 (4) The person with management or control of the workplace and any person conducting a business or undertaking who is given information under subregulation (3) must have regard to the information referred to in subregulation (2) in carrying out or directing or allowing the carrying out of the excavation work.
Note 1: Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.
Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.
 (5) The person with control or management of the workplace must ensure that the information referred to in subregulation (2) is available for inspection under the Act for the period specified in subregulation (6).
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier I monetary penalty.
 (6) The information must be available:
 (a) if a notifiable incident occurs in connection with the excavation work to which the information relates—for at least 2 years after the incident occurs; and
 (b) in every other case—until the excavation work is completed.
 (7) In this regulation:
underground essential services means essential services that use pipes, cables or other associated plant located underground.
underground essential services information, in relation to proposed excavation work, means the following