16Additional requirements if site senior officer is not mine operator

16 Additional requirements if site senior officer is not mine operator

(1)  This section applies if the site senior officer for a mine is not the mine operator for the mine.

(2)  Unless otherwise approved under subsection (3) , the mine operator must ensure that the site senior officer at the mine is the most senior officer (in terms of level of authority to direct operations at the mine) employed or engaged by the mine operator at the mine.

Penalty:  [Section 16 Subsection (2) amended by No. 39 of 2020, s. 17, 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.

(3)  The Chief Inspector of Mines may approve, with or without conditions, a person being the site senior officer at a mine even though the person is not the most senior officer (in terms of level of authority to direct operations at the mine) employed or engaged by the mine operator at the mine.

(4)  The mine operator for a mine must ensure that the site senior officer –

(a) has responsibility for mining operations and health and safety at the mine; and

(b) is based in Tasmania at all times when the mine is operational; and

(c) has sufficient authority and control over the mining operations to close or suspend operations, at the mine or in parts of the mine, that may expose employees to an unreasonable risk to their health or safety.

Penalty:  [Section 16 Subsection (4) amended by No. 39 of 2020, s. 17, 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.

(5)  The mine operator for a mine must ensure that the site senior officer at the mine contributes to –

(a) the development, implementation, maintenance, monitoring and review of the health and safety management system at the mine, at the appropriate stages in the life cycle of the system at the mine; and