sec.57Acting site senior executive

### sec.57 Acting site senior executive This section applies if the person appointed as site senior executive for a coal mine or a separate part of a surface mine (the appointed SSE )— vacates office; or is temporarily absent from duty for more than 14 days. If subsection (1) (a) applies, the coal mine operator for the coal mine or the separate part of the surface mine may appoint a person to act as site senior executive during the vacancy. If subsection (1) (b) applies, the coal mine operator for the coal mine or the separate part of the surface mine must appoint a person to act as site senior executive during the absence. Maximum penalty—100 penalty units. A coal mine operator must not appoint a person to act as site senior executive for a coal mine or a separate part of a surface mine under subsection (2) or (3) unless the person holds— 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 paragraph (a) . Maximum penalty—500 penalty units. The coal mine operator must make an appointment under subsection (2) or (3) — in writing; and as soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty. Maximum penalty—100 penalty units. The coal mine operator must ensure a person appointed under subsection (2) or (3) acts as the site senior executive for a period of not more than 12 weeks starting on the day the appointed SSE— vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. However, subsection (6) does not apply if the person appointed under subsection (2) or (3) 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. Also, subsection (6) does not apply if the only coal mining activities at the coal mine or the separate part of the surface mine for which the person is appointed are exploration activities under an exploration permit, mineral development licence or mining lease. The person acting as site senior executive is subject to all of the obligations of a site senior executive. The coal mine operator is taken to discharge the obligation mentioned in section 41 (1) (d) for the period of an appointment under subsection (2) . s 57 amd 2020 No. 14 s 5 sub 2022 No. 29 s 5 amd 2024 No. 34 s 23 (sec.57-ssec.1) This section applies if the person appointed as site senior executive for a coal mine or a separate part of a surface mine (the appointed SSE )— vacates office; or is temporarily absent from duty for more than 14 days. (sec.57-ssec.2) If subsection (1) (a) applies, the coal mine operator for the coal mine or the separate part of the surface mine may appoint a person to act as site senior executive during the vacancy. (sec.57-ssec.3) If subsection (1) (b) applies, the coal mine operator for the coal mine or the separate part of the surface mine must appoint a person to act as site senior executive during the absence. Maximum penalty—100 penalty units. (sec.57-ssec.4) A coal mine operator must not appoint a person to act as site senior executive for a coal mine or a separate part of a surface mine under subsection (2) or (3) unless the person holds— 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 paragraph (a) . Maximum penalty—500 penalty units. (sec.57-ssec.5) The coal mine operator must make an appointment under subsection (2) or (3) — in writing; and as soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty. Maximum penalty—100 penalty units. (sec.57-ssec.6) The coal mine operator must ensure a person appointed under subsection (2) or (3) acts as the site senior executive for a period of not more than 12 weeks starting on the day the appointed SSE— vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. (sec.57-ssec.7) However, subsection (6) does not apply if the person appointed under subsection (2) or (3) 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. (sec.57-ssec.8) Also, subsection (6) does not apply if the only coal mining activities at the coal mine or the separate part of the surface mine for which the person is appointed are exploration activities under an exploration permit, mineral development licence or mining lease. (sec.57-ssec.9) The person acting as site senior executive is subject to all of the obligations of a site senior executive. (sec.57-ssec.10) The coal mine operator is taken to discharge the obligation mentioned in section 41 (1) (d) for the period of an appointment under subsection (2) . - (a) vacates office; or - (b) is temporarily absent from duty for more than 14 days. - (a) a site senior executive notice; and - (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . - (a) in writing; and - (b) as soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty. - (a) vacated office; or - (b) was first temporarily absent from duty. - (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.