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Coal Mining Safety and Health Act 1999
sec.21Meaning of coal mine operator
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### sec.21 Meaning of coal mine operator
A coal mine operator for a coal mine is—
the holder; or
if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49 , the other person.
If—
another person mentioned in subsection (1) (b) is appointed as the coal mine operator for a separate part of a surface mine; and
the appointment is notified to the chief inspector under section 49 ;
the person’s responsibilities and safety and health obligations under this Act as a coal mine operator for a coal mine are limited to the separate part of the surface mine.
If—
1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and
the appointments are notified to the chief inspector under section 49 ;
the holder’s responsibilities and safety and health obligations under this Act as a coal mine operator for the coal mine are limited to the part of the mine to which the appointments do not apply.
For this section, a part of a surface mine is taken to be a separate part of a surface mine only if—
the part is geographically separated from the rest of the mine; and
there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and
the coal mine operator for the part is in control of—
the coal mining operations carried out in the part of the mine; and
the resources associated with the operations.
A person may be appointed coal mine operator for more than 1 mine or separate part of a surface mine.
(sec.21-ssec.1) A coal mine operator for a coal mine is— the holder; or if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49 , the other person.
(sec.21-ssec.2) If— another person mentioned in subsection (1) (b) is appointed as the coal mine operator for a separate part of a surface mine; and the appointment is notified to the chief inspector under section 49 ; the person’s responsibilities and safety and health obligations under this Act as a coal mine operator for a coal mine are limited to the separate part of the surface mine.
(sec.21-ssec.3) If— 1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and the appointments are notified to the chief inspector under section 49 ; the holder’s responsibilities and safety and health obligations under this Act as a coal mine operator for the coal mine are limited to the part of the mine to which the appointments do not apply.
(sec.21-ssec.4) For this section, a part of a surface mine is taken to be a separate part of a surface mine only if— the part is geographically separated from the rest of the mine; and there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and the coal mine operator for the part is in control of— the coal mining operations carried out in the part of the mine; and the resources associated with the operations.
(sec.21-ssec.5) A person may be appointed coal mine operator for more than 1 mine or separate part of a surface mine.
- (a) the holder; or
- (b) if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49 , the other person.
- (a) another person mentioned in subsection (1) (b) is appointed as the coal mine operator for a separate part of a surface mine; and
- (b) the appointment is notified to the chief inspector under section 49 ;
- (a) 1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and
- (b) the appointments are notified to the chief inspector under section 49 ;
- (a) the part is geographically separated from the rest of the mine; and
- (b) there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and
- (c) the coal mine operator for the part is in control of— (i) the coal mining operations carried out in the part of the mine; and (ii) the resources associated with the operations.
- (i) the coal mining operations carried out in the part of the mine; and
- (ii) the resources associated with the operations.
- (i) the coal mining operations carried out in the part of the mine; and
- (ii) the resources associated with the operations.