sec.61Appointment of ventilation officer

### sec.61 Appointment of ventilation officer This section applies to an underground mine. The underground mine manager for the mine must appoint another person as the ventilation officer for the mine. Maximum penalty—200 penalty units. However, the underground mine manager must not appoint a person under subsection (2) unless the person holds both of the following board qualifications— a ventilation officer’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. Also, the coal mine operator for the underground mine must ensure that the underground mine manager appoints a person under subsection (2) only if 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 mine. Maximum penalty—500 penalty units. Subject to the direction and control of the underground mine manager, the ventilation officer for the mine is responsible for— the implementation of the mine’s ventilation system; and the establishment of effective standards of ventilation for the mine. The underground mine manager must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the manager notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines. Maximum penalty—200 penalty units. The underground mine manager may appoint more than 1 person as the ventilation officer under this section to assume the duties of the officer at different times. s 61 amd 2002 No. 25 s 10 ; 2010 No. 17 s 17 sch; 2011 No. 2 s 9 sub 2018 No. 28 s 17 amd 2020 No. 14 s 8 ; 2022 No. 29 s 10 ; 2024 No. 34 s 31 (sec.61-ssec.1) This section applies to an underground mine. (sec.61-ssec.2) The underground mine manager for the mine must appoint another person as the ventilation officer for the mine. Maximum penalty—200 penalty units. (sec.61-ssec.3) However, the underground mine manager must not appoint a person under subsection (2) unless the person holds both of the following board qualifications— a ventilation officer’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.61-ssec.4) Also, the coal mine operator for the underground mine must ensure that the underground mine manager appoints a person under subsection (2) only if 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 mine. Maximum penalty—500 penalty units. (sec.61-ssec.5) Subject to the direction and control of the underground mine manager, the ventilation officer for the mine is responsible for— the implementation of the mine’s ventilation system; and the establishment of effective standards of ventilation for the mine. (sec.61-ssec.6) The underground mine manager must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the manager notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines. Maximum penalty—200 penalty units. (sec.61-ssec.7) The underground mine manager may appoint more than 1 person as the ventilation officer under this section to assume the duties of the officer at different times. - (a) a ventilation officer’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 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 mine. - (a) the implementation of the mine’s ventilation system; and - (b) the establishment of effective standards of ventilation for the mine.