Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

8 Competency requirements for appointment as site senior executive

(1)

The mine operator and the site senior executive must ensure that the site senior executive holds an appropriate current certificate of competence as a site senior executive and any other certificate or competency required by subclause (2).

(2)

In addition to the requirements of subclause (1),—

(a)

if appointed for an underground coal mining operation, the site senior executive must hold a current certificate of competence as—

(i)

a first-class coal mine manager; or

(ii)

if not more than 5 mine workers ordinarily work underground at the underground coal mining operation at any one time, a coal mine underviewer:

(b)

if appointed for an underground metalliferous mining operation, the site senior executive must hold a current certificate of competence as—

(i)

a first-class mine manager; or

(ii)

if at least 3 but not more than 10 mine workers ordinarily work underground at the underground metalliferous mining operation at any one time, an A-grade tunnel manager; or

(iii)

if fewer than 3 mine workers ordinarily work underground at the underground metalliferous mining operation at any one time, an A-grade tunnel manager or a B-grade tunnel manager:

(c)

if appointed for a tunnelling operation, the site senior executive must have successfully completed any additional competencies prescribed by WorkSafe under regulation 34(c) for a site senior executive of a tunnelling operation.

(3)

Subclause (2)(a) or (b) does not apply during any period where the only activities at the mining operation are those described in regulation 16(2).

(4)

If there is disagreement between the mine manager and the site senior executive in relation to any operational matter at the mining operation, the manager’s view prevails if the site senior executive does not hold a relevant certificate of competence as a manager or holds a lower certificate of competence than the manager (of the relevant certificates of competence in regulation 35(b) to (j) applicable to the particular type of mining operation).

(5)

Nothing in subclause (4) limits or affects the application of the Act to any matter arising at the mining operation.

(6)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 8