5Appointment of mine operator

5 Appointment of mine operator

5 Appointment of mine operator

(1) The mine holder of a mine may appoint a person to be the mine operator only if—

(a) the person is conducting a business or undertaking and is appointed in accordance with this section to carry out mining operations at the mine on behalf of the mine holder, and

(b) the person has the skills, knowledge, experience and resources to exercise the functions of the mine operator, and

(c) the mine holder authorises the person to have management or control of the mine and to discharge the duties of the mine operator under the WHS laws.

(2) An appointment of a person to be the mine operator of a mine must—

(a) be written, and

(b) be made in the approved way and form, and

(c) include a signed statement that the person to be appointed as mine operator agrees to the appointment, and

(d) specify—

(i) the name and contact details of the mine operator, including postal and business addresses, and

(ii) when the appointment takes effect, and

(e) describe the location of the mine, including—

(i) the boundaries of all mineral exploration sites and mineral extraction sites, and

(ii) land title identification.

(3) A person (the prospective mine holder) who proposes to become the mine holder of a mine may appoint a person to be the mine operator of the mine in accordance with subsections (1) and (2).

(4) An appointment of a person by a prospective mine holder under subsection (3) takes effect when the prospective mine holder becomes the mine holder of the mine, but only if, at the time, the person is still eligible to be appointed as the mine operator.

(5) The mine holder must give the mine operator all relevant information held by or under the control of the mine holder that may reasonably be required by the mine operator to discharge the duties imposed on the mine operator under the WHS laws.

Example—

A survey plan of the mine prepared under section 116.