sec.49Appointment of site senior executive

### sec.49 Appointment of site senior executive An operator for a mine or for a separate part of a mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is operator. Maximum penalty—500 penalty units. An operator must not appoint a person to be site senior executive for more than 1 mine. Maximum penalty—500 penalty units. However, a person may be appointed to be site senior executive for more than 1 mine if— the mines are part of a mining project; or the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or the mines are adjacent and operations for winning or treating minerals or hard rock are carried on at only 1 of the mines; or the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or not more than 10 workers are employed at each mine. If more than 10 workers are employed at a mine or the mine is prescribed by regulation to be a mine to which this subsection applies, an operator for the mine must not appoint a person to be site senior executive for the mine, or a separate part of the mine, unless the person holds both of the following board qualifications— a site senior executive notice; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—500 penalty units. A regulation may prescribe a mine to be a mine to which subsection (4) applies because of the size, nature or complexities of the mine’s operations. In this section— appoint includes employ and purport to appoint. s 49 amd 2002 No. 25 s 29 ; 2018 No. 28 s 63 ; 2024 No. 34 s 165 (sec.49-ssec.1) An operator for a mine or for a separate part of a mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is operator. Maximum penalty—500 penalty units. (sec.49-ssec.2) An operator must not appoint a person to be site senior executive for more than 1 mine. Maximum penalty—500 penalty units. (sec.49-ssec.3) However, a person may be appointed to be site senior executive for more than 1 mine if— the mines are part of a mining project; or the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or the mines are adjacent and operations for winning or treating minerals or hard rock are carried on at only 1 of the mines; or the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or not more than 10 workers are employed at each mine. (sec.49-ssec.4) If more than 10 workers are employed at a mine or the mine is prescribed by regulation to be a mine to which this subsection applies, an operator for the mine must not appoint a person to be site senior executive for the mine, or a separate part of the mine, unless the person holds both of the following board qualifications— a site senior executive notice; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—500 penalty units. (sec.49-ssec.5) A regulation may prescribe a mine to be a mine to which subsection (4) applies because of the size, nature or complexities of the mine’s operations. (sec.49-ssec.6) In this section— appoint includes employ and purport to appoint. - (a) the mines are part of a mining project; or - (b) the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or - (c) the mines are adjacent and operations for winning or treating minerals or hard rock are carried on at only 1 of the mines; or - (d) the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or - (e) not more than 10 workers are employed at each mine. - (a) a site senior executive notice; - (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .