38Assistance for site senior officer

38 Assistance for site senior officer

(1)  Subject to subregulation (2) , the mine operator at an underground mine may appoint a person who holds –

(a) a university degree in mining engineering; or

(b) an equivalent qualification –

to assist the site senior officer in the performance of the officer’s functions in relation to the underground mining operations at the mine.

(2)  If a person is appointed under subregulation (1) , the mine operator must ensure that the person has sufficient authority and control over the underground mining operations to close, or suspend operations at, the mine or parts of the mine at which workers may be exposed to an unreasonable risk to health or safety.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.