sec.54Limitations on appointment of site senior executive

### sec.54 Limitations on appointment of site senior executive A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is coal mine operator. Maximum penalty—500 penalty units. A coal mine operator must not appoint a person to be site senior executive for more than 1 coal mine. Maximum penalty—500 penalty units. However, a person may be appointed to be site senior executive for more than 1 coal mine if— the mines are part of a mining project; or the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease. A coal mine operator must not appoint a person to be site senior executive for a coal mine unless the person holds— for an underground mine— a site senior executive notice; and the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or for all or part of a surface mine— a site senior executive notice; and the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) . Maximum penalty—500 penalty units. Also, a coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units. However, subsection (5) does not apply if the only coal mining operations at the coal mine or the separate part of the surface mine are exploration activities under an exploration permit, mineral development licence or mining lease. In this section— appoint includes employ and purport to appoint. s 54 amd 2002 No. 25 s 8 ; 2018 No. 28 s 15 ; 2020 No. 14 s 4 ; 2022 No. 29 s 4 ; 2024 No. 34 s 20 (sec.54-ssec.1) A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is coal mine operator. Maximum penalty—500 penalty units. (sec.54-ssec.2) A coal mine operator must not appoint a person to be site senior executive for more than 1 coal mine. Maximum penalty—500 penalty units. (sec.54-ssec.3) However, a person may be appointed to be site senior executive for more than 1 coal mine if— the mines are part of a mining project; or the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease. (sec.54-ssec.4) A coal mine operator must not appoint a person to be site senior executive for a coal mine unless the person holds— for an underground mine— a site senior executive notice; and the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or for all or part of a surface mine— a site senior executive notice; and the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) . Maximum penalty—500 penalty units. (sec.54-ssec.5) Also, a coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units. (sec.54-ssec.6) However, subsection (5) does not apply if the only coal mining operations at the coal mine or the separate part of the surface mine are exploration activities under an exploration permit, mineral development licence or mining lease. (sec.54-ssec.7) In this section— appoint includes employ and purport to appoint. - (a) the mines are part of a mining project; or - (b) the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or - (c) the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or - (d) the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease. - (a) for an underground mine— (i) a site senior executive notice; and (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or - (i) a site senior executive notice; and - (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or - (b) for all or part of a surface mine— (i) a site senior executive notice; and (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) . - (i) a site senior executive notice; and - (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) . - (i) a site senior executive notice; and - (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or - (i) a site senior executive notice; and - (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) . - (a) the coal mine operator; or - (b) an associated entity of the coal mine operator; or - (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.