sec.58AAdditional requirements for management of surface mines

### sec.58A Additional requirements for management of surface mines This section applies to a surface mine or a separate part of a surface mine (each the mine ). However, this section does not apply to the mine if the only activities at the mine are— exploration activities under an exploration permit, mineral development licence or mining lease; or rehabilitation after coal mining operations. The site senior executive must appoint a person to be surface mine manager for the mine to control and manage the mine. Maximum penalty—400 penalty units. Despite subsection (3) , the site senior executive may be appointed surface mine manager for the mine but only by the coal mine operator for the mine. The site senior executive or coal mine operator must not appoint a person as surface mine manager for the mine unless the person holds both of the following board qualifications— a surface mine manager’s certificate of competency; 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—400 penalty units. The site senior executive or coal mine operator may appoint a person as surface mine manager for more than 1 mine at the same time only with the written approval of the chief inspector. Maximum penalty—200 penalty units. The site senior executive or coal mine operator may appoint more than 1 person as the surface mine manager for the mine to assume the duties of the manager at different times. A person must not give a direction to the surface mine manager for the mine about a technical matter in relation to the mine unless the person holds both of the following board qualifications— a surface mine manager’s certificate of competency; 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—200 penalty units. A person must not give a direction to the surface mine manager for the mine that may adversely affect safety and health at the mine. Maximum penalty—200 penalty units. The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine— an electrical engineering manager’s certificate of competency for a surface mine; 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—200 penalty units. The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine— a mechanical engineering manager’s certificate of competency for a surface mine; 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—200 penalty units. The surface mine manager for the mine may appoint more than 1 person as the electrical engineering manager under subsection (10) , or the mechanical engineering manager under subsection (11) , to assume the duties of the manager at different times. The coal mine operator for the mine must ensure that a site senior executive required to appoint a person under subsection (3) , or a surface mine manager required to appoint a person under subsection (10) or (11) , appoints a person under the subsection only if the person is an employee of— for an appointment under subsection (3) — 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; or for an appointment under subsection (10) or (11) — 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. s 58A ins 2024 No. 34 s 25 (sec.58A-ssec.1) This section applies to a surface mine or a separate part of a surface mine (each the mine ). (sec.58A-ssec.2) However, this section does not apply to the mine if the only activities at the mine are— exploration activities under an exploration permit, mineral development licence or mining lease; or rehabilitation after coal mining operations. (sec.58A-ssec.3) The site senior executive must appoint a person to be surface mine manager for the mine to control and manage the mine. Maximum penalty—400 penalty units. (sec.58A-ssec.4) Despite subsection (3) , the site senior executive may be appointed surface mine manager for the mine but only by the coal mine operator for the mine. (sec.58A-ssec.5) The site senior executive or coal mine operator must not appoint a person as surface mine manager for the mine unless the person holds both of the following board qualifications— a surface mine manager’s certificate of competency; 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—400 penalty units. (sec.58A-ssec.6) The site senior executive or coal mine operator may appoint a person as surface mine manager for more than 1 mine at the same time only with the written approval of the chief inspector. Maximum penalty—200 penalty units. (sec.58A-ssec.7) The site senior executive or coal mine operator may appoint more than 1 person as the surface mine manager for the mine to assume the duties of the manager at different times. (sec.58A-ssec.8) A person must not give a direction to the surface mine manager for the mine about a technical matter in relation to the mine unless the person holds both of the following board qualifications— a surface mine manager’s certificate of competency; 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—200 penalty units. (sec.58A-ssec.9) A person must not give a direction to the surface mine manager for the mine that may adversely affect safety and health at the mine. Maximum penalty—200 penalty units. (sec.58A-ssec.10) The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine— an electrical engineering manager’s certificate of competency for a surface mine; 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—200 penalty units. (sec.58A-ssec.11) The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine— a mechanical engineering manager’s certificate of competency for a surface mine; 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—200 penalty units. (sec.58A-ssec.12) The surface mine manager for the mine may appoint more than 1 person as the electrical engineering manager under subsection (10) , or the mechanical engineering manager under subsection (11) , to assume the duties of the manager at different times. (sec.58A-ssec.13) The coal mine operator for the mine must ensure that a site senior executive required to appoint a person under subsection (3) , or a surface mine manager required to appoint a person under subsection (10) or (11) , appoints a person under the subsection only if the person is an employee of— for an appointment under subsection (3) — 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; or for an appointment under subsection (10) or (11) — 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. - (a) exploration activities under an exploration permit, mineral development licence or mining lease; or - (b) rehabilitation after coal mining operations. - (a) a surface mine manager’s certificate of competency; - (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) a surface mine manager’s certificate of competency; - (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) an electrical engineering manager’s certificate of competency for a surface mine; - (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) a mechanical engineering manager’s certificate of competency for a surface mine; - (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) for an appointment under subsection (3) — (i) the coal mine operator; or (ii) an associated entity of the coal mine operator; or (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or - (i) the coal mine operator; or - (ii) an associated entity of the coal mine operator; or - (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or - (b) for an appointment under subsection (10) or (11) — (i) the coal mine operator; or (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. - (i) the coal mine operator; or - (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. - (i) the coal mine operator; or - (ii) an associated entity of the coal mine operator; or - (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or - (i) the coal mine operator; or - (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.