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Coal Mining Safety and Health Act 1999
sec.335Deferral of particular requirements to hold practising certificate
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### sec.335 Deferral of particular requirements to hold practising certificate
This section applies to the following requirements—
the requirement under new section 54(4)(a)(ii) and (b)(ii) for a site senior executive for a coal mine to hold a practising certificate;
the requirement under new section 57(4)(b) for an acting site senior executive for a coal mine to hold a practising certificate;
the requirement under new section 59(1)(b) for an open-cut examiner for a surface mine excavation carried out at a surface mine or part of a surface mine to hold a practising certificate;
the requirement under new section 59A(6)(b) for a person acting as an open-cut examiner for a surface mine to hold a practising certificate;
the requirement under new section 60(5)(b) for an underground mine manager to hold a practising certificate;
the requirement under new section 60(8)(b) for a person responsible for the control and management of underground activities at an underground mine when the manager is not in attendance at the mine to hold a practising certificate;
the requirement under new section 60(9)(b) for a person who is to have control of activities in 1 or more explosion risk zones for an underground mine to hold a practising certificate;
the requirement under new section 60A(6) and (8) for a person acting in a position mentioned in paragraph (e), (f) or (g) to hold a practising certificate;
the requirement under new section 61(3)(b) for a ventilation officer to hold a practising certificate;
the requirement under new section 61A(5)(b) for a person acting as a ventilation officer to hold a practising certificate;
the requirement under new section 109(2)(b) for an industry safety and health representative to hold a practising certificate;
the requirement under new section 126(2) for particular persons appointed as an inspector to hold a practising certificate;
the requirement under new section 186(1)(b)(iii) or (iv), (c)(ii) or (d)(ii) or (3)(d) for particular members of the board of examiners to hold a practising certificate.
The requirement does not apply until 10 June 2025.
If, on 10 June 2025, the person mentioned in subsection (1) does not hold the required practising certificate, the appointment of the person to the position mentioned in subsection (1) is terminated.
Former sections 54(4), 57, 59(1), 60(5) and (8), 60A(6) and (8), 61(3), 61A(5), 109(2) and 126 continue to apply until 10 June 2025.
In this section—
practising certificate includes a practising certificate under the Mining and Quarrying Safety and Health Act 1999 .
s 335 ins 2024 No. 34 s 100
(sec.335-ssec.1) This section applies to the following requirements— the requirement under new section 54(4)(a)(ii) and (b)(ii) for a site senior executive for a coal mine to hold a practising certificate; the requirement under new section 57(4)(b) for an acting site senior executive for a coal mine to hold a practising certificate; the requirement under new section 59(1)(b) for an open-cut examiner for a surface mine excavation carried out at a surface mine or part of a surface mine to hold a practising certificate; the requirement under new section 59A(6)(b) for a person acting as an open-cut examiner for a surface mine to hold a practising certificate; the requirement under new section 60(5)(b) for an underground mine manager to hold a practising certificate; the requirement under new section 60(8)(b) for a person responsible for the control and management of underground activities at an underground mine when the manager is not in attendance at the mine to hold a practising certificate; the requirement under new section 60(9)(b) for a person who is to have control of activities in 1 or more explosion risk zones for an underground mine to hold a practising certificate; the requirement under new section 60A(6) and (8) for a person acting in a position mentioned in paragraph (e), (f) or (g) to hold a practising certificate; the requirement under new section 61(3)(b) for a ventilation officer to hold a practising certificate; the requirement under new section 61A(5)(b) for a person acting as a ventilation officer to hold a practising certificate; the requirement under new section 109(2)(b) for an industry safety and health representative to hold a practising certificate; the requirement under new section 126(2) for particular persons appointed as an inspector to hold a practising certificate; the requirement under new section 186(1)(b)(iii) or (iv), (c)(ii) or (d)(ii) or (3)(d) for particular members of the board of examiners to hold a practising certificate.
(sec.335-ssec.2) The requirement does not apply until 10 June 2025.
(sec.335-ssec.3) If, on 10 June 2025, the person mentioned in subsection (1) does not hold the required practising certificate, the appointment of the person to the position mentioned in subsection (1) is terminated.
(sec.335-ssec.4) Former sections 54(4), 57, 59(1), 60(5) and (8), 60A(6) and (8), 61(3), 61A(5), 109(2) and 126 continue to apply until 10 June 2025.
(sec.335-ssec.5) In this section— practising certificate includes a practising certificate under the Mining and Quarrying Safety and Health Act 1999 .
- (a) the requirement under new section 54(4)(a)(ii) and (b)(ii) for a site senior executive for a coal mine to hold a practising certificate;
- (b) the requirement under new section 57(4)(b) for an acting site senior executive for a coal mine to hold a practising certificate;
- (c) the requirement under new section 59(1)(b) for an open-cut examiner for a surface mine excavation carried out at a surface mine or part of a surface mine to hold a practising certificate;
- (d) the requirement under new section 59A(6)(b) for a person acting as an open-cut examiner for a surface mine to hold a practising certificate;
- (e) the requirement under new section 60(5)(b) for an underground mine manager to hold a practising certificate;
- (f) the requirement under new section 60(8)(b) for a person responsible for the control and management of underground activities at an underground mine when the manager is not in attendance at the mine to hold a practising certificate;
- (g) the requirement under new section 60(9)(b) for a person who is to have control of activities in 1 or more explosion risk zones for an underground mine to hold a practising certificate;
- (h) the requirement under new section 60A(6) and (8) for a person acting in a position mentioned in paragraph (e), (f) or (g) to hold a practising certificate;
- (i) the requirement under new section 61(3)(b) for a ventilation officer to hold a practising certificate;
- (j) the requirement under new section 61A(5)(b) for a person acting as a ventilation officer to hold a practising certificate;
- (k) the requirement under new section 109(2)(b) for an industry safety and health representative to hold a practising certificate;
- (l) the requirement under new section 126(2) for particular persons appointed as an inspector to hold a practising certificate;
- (m) the requirement under new section 186(1)(b)(iii) or (iv), (c)(ii) or (d)(ii) or (3)(d) for particular members of the board of examiners to hold a practising certificate.