9Regulator may direct mine operators to be appointed

9 Regulator may direct mine operators to be appointed

9 Regulator may direct mine operators to be appointed

(1) The regulator may, by written notice given to a mine holder of a mine, direct the mine holder to—

(a) appoint a mine operator for the mine, or

(b) appoint more than 1 mine operator for different parts of the mine, or

(c) appoint a single mine operator for both the mine and another mine of the mine holder, but only if the mines are geographically close to one another.

(2) A mine holder who is given notice under this section must comply with the notice.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) If more than 1 mine operator is appointed for different parts of a mine under this section, each of the parts is taken to be a separate mine for the purposes of this Regulation.

(4) If a single mine operator is appointed for more than 1 mine under this section, the mines are taken to be a single mine for the purposes of this Regulation.

(5) The regulator must ensure the mine holder is given reasonable time to comply with the notice, including reasonable time to address possible non-compliance with the WHS laws that may result from the mine holder complying with the notice.

(6) The regulator must take the following into account in determining whether to give notice under this section—

(a) the objects of the WHS laws,

(b) the nature, size and complexity of the mine or mines to which the notice relates,

(c) the difficulty for the mine holder or mine operator to exercise functions under the WHS laws,

(d) whether the giving of the notice is likely to result in safety management systems that better ensure the health and safety of workers and other persons.