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Mining and Quarrying Safety and Health Act 1999
sec.47Notices by operator
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### sec.47 Notices by operator
The operator for a mine must give an inspector for the region in which the mine is situated—
if there is not a holder for the mine, notice of—
the operator’s name and address; and
the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and
a facility description for the mine—
if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or
if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.
Maximum penalty—40 penalty units.
For subsection (1) (b) , the facility description must include enough information to decide the risk management measures that will be necessary for an effective safety and health management system.
Before operations start, the operator must give an inspector for the region in which the mine is situated notice of the day operations are to start.
Maximum penalty—40 penalty units.
Also, the operator must, within 7 days after the appointment, give an inspector for the region in which the mine is situated notice of the following appointments including the name and address of the person appointed—
the appointment of a site senior executive;
an appointment under section 52 .
Maximum penalty—40 penalty units.
When land is added to or omitted from a mine, the operator must, within 1 month after the addition or omission, give to an inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted.
Maximum penalty—40 penalty units.
If operations permanently stop at the mine, the operator must, within 28 days after the operations permanently stop, give an inspector for the region in which the mine is situated notice of the date on which the operations permanently stopped.
Maximum penalty—100 penalty units.
s 47 amd 2002 No. 25 s 28 ; 2024 No. 34 s 164
(sec.47-ssec.1) The operator for a mine must give an inspector for the region in which the mine is situated— if there is not a holder for the mine, notice of— the operator’s name and address; and the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and a facility description for the mine— if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start. Maximum penalty—40 penalty units.
(sec.47-ssec.2) For subsection (1) (b) , the facility description must include enough information to decide the risk management measures that will be necessary for an effective safety and health management system.
(sec.47-ssec.3) Before operations start, the operator must give an inspector for the region in which the mine is situated notice of the day operations are to start. Maximum penalty—40 penalty units.
(sec.47-ssec.4) Also, the operator must, within 7 days after the appointment, give an inspector for the region in which the mine is situated notice of the following appointments including the name and address of the person appointed— the appointment of a site senior executive; an appointment under section 52 . Maximum penalty—40 penalty units.
(sec.47-ssec.5) When land is added to or omitted from a mine, the operator must, within 1 month after the addition or omission, give to an inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted. Maximum penalty—40 penalty units.
(sec.47-ssec.6) If operations permanently stop at the mine, the operator must, within 28 days after the operations permanently stop, give an inspector for the region in which the mine is situated notice of the date on which the operations permanently stopped. Maximum penalty—100 penalty units.
- (a) if there is not a holder for the mine, notice of— (i) the operator’s name and address; and (ii) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and
- (i) the operator’s name and address; and
- (ii) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and
- (b) a facility description for the mine— (i) if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or (ii) if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.
- (i) if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or
- (ii) if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.
- (i) the operator’s name and address; and
- (ii) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and
- (i) if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or
- (ii) if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start.
- (a) the appointment of a site senior executive;
- (b) an appointment under section 52 .