sec.54BAbsence of ventilation officer

### sec.54B Absence of ventilation officer This section applies if the ventilation officer appointed under section 54A for an underground mine is temporarily absent from duty. If the absence is for not more than 14 days, the duties and responsibilities of the ventilation officer are taken to be assumed by the underground mine manager during the absence. Subsection (2) applies regardless of whether the underground mine manager satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine. An inspector may, by notice— require an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a) —require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence. If the absence is for more than 14 days or the site senior executive is given a notice under subsection (4) (b) , the site senior executive for the mine must appoint a person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units. The site senior executive must not appoint a person under subsection (5) unless the person satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine. Maximum penalty—200 penalty units. s 54B ins 2018 No. 28 s 65 (sec.54B-ssec.1) This section applies if the ventilation officer appointed under section 54A for an underground mine is temporarily absent from duty. (sec.54B-ssec.2) If the absence is for not more than 14 days, the duties and responsibilities of the ventilation officer are taken to be assumed by the underground mine manager during the absence. (sec.54B-ssec.3) Subsection (2) applies regardless of whether the underground mine manager satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine. (sec.54B-ssec.4) An inspector may, by notice— require an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a) —require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence. (sec.54B-ssec.5) If the absence is for more than 14 days or the site senior executive is given a notice under subsection (4) (b) , the site senior executive for the mine must appoint a person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units. (sec.54B-ssec.6) The site senior executive must not appoint a person under subsection (5) unless the person satisfies any requirements that apply under section 54A (3) (a) or (b) for appointing a person as the ventilation officer for the mine. Maximum penalty—200 penalty units. - (a) require an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector’s satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and - (b) if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a) —require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence.