180Exemption for quarry managers from meeting requirements for nomination

180 Exemption for quarry managers from meeting requirements for nomination

180 Exemption for quarry managers from meeting requirements for nomination

(1) A mine operator of a mine, other than an underground mine or coal mine, may nominate an individual to exercise the statutory function of quarry manager under section 132(2), despite the individual not meeting the requirements for nomination specified in Schedule 10, section 31, if the following apply—

(a) the individual will be nominated as quarry manager for no longer than 2 months in a calendar year,

(b) the mine operator is satisfied the individual is a competent person,

(c) the mine operator provides the relevant information to the regulator,

(d) based on the relevant information provided, the regulator is satisfied the individual is a competent person,

(e) the individual will not be nominated within 28 days of the date of the commencement of mining operations at the mine specified in the notice required under section 125(3),

(f) the mine will be managed by a quarry manager nominated under this section for no longer than 2 months in a calendar year.

(2) The mine operator must notify the regulator as soon as possible if the mine operator believes, for any reason, the nominated individual is no longer a competent person.

(3) Sections 125(3)(g), 132(3) and (4), 133(1) and 134 do not apply in relation to an individual nominated to exercise the statutory function of quarry manager in accordance with subsection (1).

(4) An individual who, immediately before the commencement of this section, was exercising the statutory function of quarry manager under the Quarry Manager Instrument of Exemption 2015, 30 June 2015, published on the regulator’s website under the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014, clause 185, is taken, on the commencement of this section, to be nominated to exercise the statutory function under this section on the same terms.

(5) In this section—

competent person means a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task of supervising mining operations at a mine, other than an underground mine or coal mine, having regard to—