sec.320Particular appointments of persons who are not employees of coal mine operators made before commencement and during transitional period

### sec.320 Particular appointments of persons who are not employees of coal mine operators made before commencement and during transitional period This section applies if, immediately before the commencement, a person (the appointee ) held any of the following appointments in relation to a coal mine— an appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part; an appointment under section 57 to act as the site senior executive; an appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations; an appointment under section 60(2) as the underground mine manager; an appointment under section 60(4) as the alternate underground mine manager; an appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance; an appointment under section 60(9) to have control of activities in 1 or more explosion risk zones; an appointment under section 60(10) to control and manage the mechanical and electrical engineering activities; an appointment under section 61(2) as the ventilation officer; an appointment under section 61A(3) to act as the ventilation officer. This section also applies if a person (also the appointee ) holds an appointment mentioned in subsection (1)(a) to (j), in relation to a coal mine, made in the period starting on 25 May 2020 and ending on 25 November 2022. The appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) even if the appointee is not an employee of the coal mine operator for the mine. However, if the appointee is not an employee of a coal mine operator, the appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) only until 25 November 2022. No compensation is payable to an appointee because of this section. s 320 ins 2020 No. 14 s 10 amd 2021 No. 18 s 1C (sec.320-ssec.1) This section applies if, immediately before the commencement, a person (the appointee ) held any of the following appointments in relation to a coal mine— an appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part; an appointment under section 57 to act as the site senior executive; an appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations; an appointment under section 60(2) as the underground mine manager; an appointment under section 60(4) as the alternate underground mine manager; an appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance; an appointment under section 60(9) to have control of activities in 1 or more explosion risk zones; an appointment under section 60(10) to control and manage the mechanical and electrical engineering activities; an appointment under section 61(2) as the ventilation officer; an appointment under section 61A(3) to act as the ventilation officer. (sec.320-ssec.1A) This section also applies if a person (also the appointee ) holds an appointment mentioned in subsection (1)(a) to (j), in relation to a coal mine, made in the period starting on 25 May 2020 and ending on 25 November 2022. (sec.320-ssec.2) The appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) even if the appointee is not an employee of the coal mine operator for the mine. (sec.320-ssec.3) However, if the appointee is not an employee of a coal mine operator, the appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) only until 25 November 2022. (sec.320-ssec.4) No compensation is payable to an appointee because of this section. - (a) an appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part; - (b) an appointment under section 57 to act as the site senior executive; - (c) an appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations; - (d) an appointment under section 60(2) as the underground mine manager; - (e) an appointment under section 60(4) as the alternate underground mine manager; - (f) an appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance; - (g) an appointment under section 60(9) to have control of activities in 1 or more explosion risk zones; - (h) an appointment under section 60(10) to control and manage the mechanical and electrical engineering activities; - (i) an appointment under section 61(2) as the ventilation officer; - (j) an appointment under section 61A(3) to act as the ventilation officer.