Queensland Consolidated Acts

MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 21

21 Meaning of operator

(1) An
"operator" for a mine is—

(a) for a mine where there is a holder—

(i) the holder; or

(ii) if another person has been appointed as the operator under section 48 and the appointment is notified to an inspector for the region under section 46 , the other person; or

(b) for a mine mentioned in section 9 (1) (d) , (f) or (g) , where there is not a holder, the person in control of the mine; or

(c) for a mine mentioned in section 9 (1) (e) , the person in control of the mine.

(2) If—

(a) another person mentioned in subsection (1) (a) (ii) is appointed as the operator for a separate part of a mine; and

(b) the appointment is notified to an inspector for the region under section 46 ;

the person’s responsibilities and safety and health obligations under this Act as operator for a mine are limited to the separate part of the mine.

(3) If—

(a) 1 or more persons are appointed as operators for separate parts of a mine; and

(b) the appointments are notified to an inspector for the region under section 46 ;

the holder’s responsibilities and safety and health obligations under this Act as an operator for the mine are limited to the part of the mine to which the appointments do not apply.

(4) For this section, a part of a mine is taken to be a
"separate part of a mine" only if—

(a) the part is geographically separated from the rest of the mine; and

(b) there is no physical overlapping of operations between the part and the operations in another part of the mine; and

(c) the part is managed as a separate operation; and

(d) the part is substantially self-contained.

(5) A person may be appointed operator for more than 1 mine or separate part of a mine.