11Appointment of mine operators

11 Appointment of mine operators

(1)  The mine holder in respect of a mine must appoint a mine operator before any mining operations are carried out at the mine.

Penalty:  [Section 11 Subsection (1) amended by No. 39 of 2020, s. 12, Applied:27 Dec 2020] In the case of –

(a) a body corporate, a fine not exceeding $100 000; or

(b) an individual, a fine not exceeding $20 000.

(2)  A mine holder may appoint as the mine operator –

(a) himself, herself or itself; or

(b) a person conducting a business or undertaking in respect of mining operations to be carried out at the mine for or on behalf of the mine holder.

(3)  If a mine holder appoints a person under subsection (2)(b) , the mine holder must authorise that person to manage or control the mine and the mining operations to the extent necessary to discharge the mine operator's duties.

(4)  The appointment of a mine operator under subsection (2) is to be made in writing and is to include the date on which the appointment takes effect.

(5)  Subsection (4) does not apply in relation to the appointment of a mine holder to be the mine operator, if notice of the appointment is given under section 12(1) .

(6)  If the proposed mine operator is not the mine holder, the appointment of a mine operator under subsection (2) is to contain a signed statement to the effect that the proposed mine operator agrees to the appointment.

(7)  In making an appointment under this section, the mine holder must exercise due diligence in selecting a mine operator who has the capacity and resources to ensure that work at the mine can be carried out safely.

Penalty:  [Section 11 Subsection (7) amended by No. 39 of 2020, s. 12, Applied:27 Dec 2020] In the case of –

(a) a body corporate, a fine not exceeding $500 000; or