sec.59AActing open-cut examiner

### sec.59A Acting open-cut examiner This section applies if an open-cut examiner appointed under section 59 (1) — vacates office; or is temporarily absent from duty. If subsection (1) (a) applies, the site senior executive for the surface mine or the separate part of the surface mine may appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the vacancy. If subsection (1) (b) applies, the site senior executive for the surface mine or the separate part of the surface mine must appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the absence. Maximum penalty—40 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 (2) or (3) acts as open-cut examiner for a period of not more than 12 weeks starting on the day the open-cut examiner appointed under section 59 (1) — vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. However, subsection (4) does not apply if the person appointed under subsection (2) or (3) 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. The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed under subsection (2) or (3) holds both of the following board qualifications— 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 site senior executive is taken to comply with section 59 (1) for the period of an appointment under subsection (2) . s 59A ins 2022 No. 29 s 7 amd 2024 No. 34 s 27 (2) – (3) (sec.59A-ssec.1) This section applies if an open-cut examiner appointed under section 59 (1) — vacates office; or is temporarily absent from duty. (sec.59A-ssec.2) If subsection (1) (a) applies, the site senior executive for the surface mine or the separate part of the surface mine may appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the vacancy. (sec.59A-ssec.3) If subsection (1) (b) applies, the site senior executive for the surface mine or the separate part of the surface mine must appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the absence. Maximum penalty—40 penalty units. (sec.59A-ssec.4) 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 (2) or (3) acts as open-cut examiner for a period of not more than 12 weeks starting on the day the open-cut examiner appointed under section 59 (1) — vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. (sec.59A-ssec.5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) 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. (sec.59A-ssec.6) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed under subsection (2) or (3) holds both of the following board qualifications— 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.59A-ssec.7) The site senior executive is taken to comply with section 59 (1) for the period of an appointment under subsection (2) . - (a) vacates office; or - (b) is temporarily absent from duty. - (a) vacated office; or - (b) was first temporarily absent from duty. - (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. - (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) .