Background

The Regulations were reformed under urgency in 2013 to implement the recommendations of the Royal Commission on the Pike River Coal Mine Tragedy.

An implementation review of the Regulations was promised in 2013, acknowledging the scale and urgency of regulatory reform.

The Ministry of Business, Innovation and Employment (MBIE) completed that review in early 2019.

The review considered whether quarries needed further hazard management requirements in the Regulations, and whether the Regulations were working effectively.

The review followed a robust process that involved detailed targeted consultation, feedback from expert advisory groups, and working closely with WorkSafe New Zealand (WorkSafe) on the issues, analysis, and workable proposals.

What the review found

1. there was a case for further hazard management for quarries in the Regulations, particularly in light of a series of quarry fatalities in 2017
2. the Regulations were operating in a disproportionate way, imposing processes and costs on lower risk (especially surface) mining operations that were not intended in 2013.

The key changes are differentiated risk management for quarry and alluvial mining operations and technical changes so regulations are proportionate for all operations. These Regulations will affect mining and quarrying operations of all sizes across Aotearoa resulting in better health and safety standards for industry

Key changes

1. Quarry and alluvial mine operators will now require a documented system to manage health and safety on site.
2. The principal hazard definition has been clarified. Large quarry operations that have principal hazards will require Principal Hazard Management Plans (PHMPs).
3. There are two new terms to be aware of – A-grade quarry operation and A-grade alluvial mine operation. This is to reflect the differentiated risk management for quarry and alluvial mine operations determined by the number of workers.
4. There will be a need for a new role – an Alluvial Mine Manager COC, this role is currently part of the Quarry Manager COC
5. There is a new requirement for quarries and alluvial mines to notify incidents under Mining Operations and Quarry Operations (MOQO) Regulations Schedule 5 and report quarterly to WorkSafe under Schedule 8

These changes are to enable the extractives industry to continue achieving its important work in a safe and healthy way. Requiring business leaders to deliver better places of work. Retaining and attracting good people to industry and ensuring we all go home safe.

Phased approach

July 2022

In July 2022, the first changes to the MOQO Regulations will be implemented.

From July 2022, there are requirements for notifications and reporting and some components of an HSMS system such as supervision, site inspection, emergency management, and authorisation of plant.

July 2023

In July 2023, quarry and alluvial mine operations need to have implemented a documented HSMS and if required PHMPs. This provides operations with time to understand the changes, review their current systems and implement improvements. Alluvial Certificate of Competences become available.

July 2024

In July 2024, the changes to the required certificate of competence for A- and B-grade quarry operations will be implemented. This will require that A-grade managers have been appointed for Quarries that meet the ‘A-grade quarry operation’ definition.

Where to go for more information and support

Further guidance and resources are attached to assist with the implementation of these changes.

Workshops will also be delivered by the HHU Extractives team providing more detailed information – a list of these sessions can be found below. Please reach out to the contact person listed in the table to register your attendance.

Industry representatives from the New Zealand Tunnelling Society, Minerals West Coast, Strattera, MinEx, Institute of Quarrying (IOQ), and Aggregates and Quarrying Association (AQA) are also available to assist.

Download factsheet

Download the summary of how these regulation changes came about, the key changes, and where to get further support.

Health and safety in mines and quarries: Regulatory changes 2022 – factsheet [PDF, 165 KB]

Further guidance

We will publish further guidance when the MOQO regulations are published in July 2022.