South Australian Current Regulations South Australian Current Regulations615A—Duty to appoint mine manager
(a)
mining operations are carried out at a mine; and
(b) a
person competent to be a mine manager in relation to the mine has not been
appointed as mine manager for the mine,
the mine operator is guilty of an offence.
Maximum penalty:
(a) in
the case of an individual—$3 600;
(b) in
the case of a body corporate—$18 000.
Expiation fee:
(a) in
the case of an individual—$432;
(b) in
the case of a body corporate—$2 160.
(2)
Subregulation (1) does not apply in respect of mining operations carried
out at a tourist mine, an exploration site or a precious stones field under
the Opal Mining Act 1995 .
(3) For the purposes
of subregulation (1), a mine operator who is competent to be a mine
manager in relation to the mine may be appointed as mine manager for the mine.
(4) A mine operator
must not, unless permitted to do so in accordance with a determination by the
regulator under subregulation (5)(b), appoint a mine manager in relation
to a mine if the mine manager is also a mine manager in relation to another
mine.
Maximum penalty:
(a) in
the case of an individual—$3 600;
(b) in
the case of a body corporate—$18 000.
Expiation fee:
(a) in
the case of an individual—$432;
(b) in
the case of a body corporate—$2 160.
(5) The regulator may,
by notice in the Gazette—
(a)
determine requirements that must be satisfied by a person before they will be
considered competent to be a mine manager in relation to a mine; and
(b)
determine that a mine operator is exempt from the prohibition in
subregulation (4) in respect of a mine or mines specified in the notice.
(6) A determination
under subregulation (5) may be varied or revoked by subsequent notice in
the Gazette.
(7) A determination
under subregulation (5)(a) may vary in its application to different
mines, having regard to the number of workers and the type of operations
carried out at a mine.
(8) A mine operator
must ensure that a record of—
(a) the
appointment of each mine manager in relation to a mine; and
(b) any
information provided to the mine operator by a mine manager in satisfaction of
the requirements set out in subregulation (9),
is kept for the duration of the person's appointment as mine manager and for
at least 2 years after the person ceases to be a mine manager in relation
to the mine.
Maximum penalty:
(a) in
the case of an individual—$1 250;
(b) in
the case of a body corporate—$6 000.
Expiation fee:
(a) in
the case of an individual—$144;
(b) in
the case of a body corporate—$720.
(9) A person is
competent to be a mine manager in relation to a mine for the purposes of this
regulation if the person has satisfied the mine operator—
(a) that
the person—
(i)
has the relevant training, qualifications, experience,
knowledge and skills to manage and supervise the mining operations carried out
at the mine; and
(ii)
has knowledge of the requirements of the Act and these
regulations (particularly this Chapter); and
(iii)
is capable of managing hazards at the mine; and
(b) in
relation to an underground mine with 20 or more workers—that the
person—
(i)
holds a degree or diploma in mining engineering from a
university or tertiary institution in Australia, or an equivalent institution
as determined by the regulator; and
(ii)
satisfies the requirements of subregulation (10);
and
(c) that
the person has met the requirements specified by the regulator in any
applicable determination made under subregulation (5)(a).
(10) A person
satisfies the requirements of this subregulation if—
(a) the
person has at least 5 years' experience working at a mine; and
(b) at
least 3 of those years were spent working at an underground mine during
which the person had—
(i)
2 years' underground mining operational experience;
and
(ii)
experience supervising underground mining operations.