14Site senior officers

14 Site senior officers

(1)  Subject to subsection (5) , a mine operator in respect of a mine must appoint a site senior officer for the mine who satisfies the requirements of subsection (3) .

Penalty:  [Section 14 Subsection (1) amended by No. 39 of 2020, s. 15, 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)  [Section 14 Subsection (2) amended by No. 39 of 2020, s. 15, Applied:27 Dec 2020] If the mine operator is an individual who employs or engages other mine workers, he or she may appoint himself or herself as the site senior officer.

(3)  A site senior officer appointed under subsection (1) must –

(a) [Section 14 Subsection (3) amended by No. 39 of 2020, s. 15, Applied:27 Dec 2020] be an individual; and

(b) have the appropriate qualifications.

(4)  The appropriate qualifications are –

(a) appropriate background, experience and competence for the functions of site senior officer under this Act at the mine concerned, taking into account –

(i) the level of risk to health and safety arising from mining operations at the mine; and

(ii) the size of the mine; and

(iii) the technical expertise available to the site senior officer at the mine; and

(b) any requirements specified in regulations for the purposes of this subsection, including qualifications, training, background, experience, knowledge and understanding.

(5)  [Section 14 Subsection (5) amended by No. 39 of 2020, s. 15, Applied:27 Dec 2020] If the mine operator is an individual who does not employ or engage any other mine workers, he or she is not required to appoint a site senior officer.