181Exemption for tier-3 quarry managers from meeting requirements for nomination

181 Exemption for tier-3 quarry managers from meeting requirements for nomination

181 Exemption for tier-3 quarry managers from meeting requirements for nomination

(1) A mine operator of a tier-3 quarry 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 mine operator is satisfied the individual is a competent person.

(2) The following provisions do not apply in relation to an individual nominated to exercise the statutory function of quarry manager in accordance with subsection (1)—

(a) section 125(3)(g),

(b) section 125(7), to the extent that notice is required of a proposed material change to the details of an individual nominated to exercise the statutory function of quarry manager at a tier-3 quarry,

(c) section 132(3) and (4),

(d) section 133(1),

(e) section 134.

(3) An individual who, immediately before the commencement of this section, was exercising the statutory function of quarry manager under the Work Health and Safety (Mines and Petroleum Sites) Exemption (Tier-3 Quarry Managers) March 2020, published in Gazette No 58 of 27 March 2020, page 1093 under the WHS Regulations, clause 684, is taken, on the commencement of this section, to be nominated to exercise the statutory function under this section on the same terms.

(4) 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—

(a) the location of the mine, and

(b) the complexity of the mining operations at the mine, and

(c) the nature of the material mined.