13Chief Inspector of Mines may approve multiple persons to have responsibility for certain mining operations

13 Chief Inspector of Mines may approve multiple persons to have responsibility for certain mining operations

(1)  The Chief Inspector of Mines may approve, in writing and with or without conditions, an arrangement under which more than one entity or individual has responsibility for various mining operations at a mine.

(2)  The Chief Inspector of Mines may not approve an arrangement under subsection (1) in respect of a mine unless –

(a) the mine holder provides a clear statement of the respective responsibilities of each party at the mine; and

(b) the Chief Inspector is satisfied that the arrangement –

(i) will enable sufficient coordination and control of the work; and

(ii) will not diminish occupational health and safety at the mine.

(3)  If –

(a) the mine holder and the mine operator are different persons; and

(b) the mine holder has any control over (including the capacity to control) the resources available to the mine operator –

the mine holder must, so far as is reasonably practicable, ensure that adequate resources are available to the mine operator to ensure that the mining operations can be carried out safely.

Penalty:  [Section 13 Subsection (3) amended by No. 39 of 2020, s. 14, Applied:27 Dec 2020] In the case of –

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

(b) an individual, a fine not exceeding $100 000.

(4)  If the mine holder and the mine operator are different persons, the mine holder must, so far as is reasonably practicable, provide adequate information, including relevant plans, to the mine operator to ensure that the mining operations can be carried out safely.

Penalty:  [Section 13 Subsection (4) amended by No. 39 of 2020, s. 14, Applied:27 Dec 2020] In the case of –