sec.59Appointment of open-cut examiner

### sec.59 Appointment of open-cut examiner The site senior executive for a surface mine or a separate part of a surface mine must appoint a person holding both of the following board qualifications to be open-cut examiner for each surface mine excavation carried out at the mine or part of the mine— an open-cut examiner’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. The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (1) is an employee 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. s 59 amd 2020 No. 14 s 6 sub 2022 No. 29 s 7 amd 2024 No. 34 s 26 (1) (sec.59-ssec.1) The site senior executive for a surface mine or a separate part of a surface mine must appoint a person holding both of the following board qualifications to be open-cut examiner for each surface mine excavation carried out at the mine or part of the mine— an open-cut examiner’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.59-ssec.2) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (1) is an employee 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. - (a) an open-cut examiner’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) the coal mine operator; or - (b) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.