31Management structure to be maintained

31 Management structure to be maintained

(1)  The operator of a mine must establish and maintain an appropriate management structure of competent persons for the mine.

Penalty:  [Section 31 Subsection (1) amended by No. 39 of 2020, s. 32, Applied:27 Dec 2020] In the case of –

(a) a body corporate, a fine not exceeding $250 000; or

(b) an individual, a fine not exceeding $50 000.

(2)  For the purposes of subsection (1) , an appropriate management structure of competent persons for a mine is not established or maintained unless the management structure includes competent persons with appropriate technical or engineering competence commensurate with the nature, size and complexity of the mine and mining operations and the associated risk.

(3)  For the purposes of subsection (1) , an appropriate management structure of competent persons for a mine is not maintained unless, when a vacancy in an essential position in the structure, including the position of site senior officer, occurs –

(a) a person acts in the position until the position is filled; and

(b) the position is filled in a timely manner.

(4)  The operator of a mine must ensure that the management structure is set out in a document that nominates persons within the structure by position and outlines their areas of responsibility and accountability.

Penalty:  [Section 31 Subsection (4) amended by No. 39 of 2020, s. 32, Applied:27 Dec 2020] In the case of –

(a) a body corporate, a fine not exceeding $250 000; or

(b) an individual, a fine not exceeding $50 000.