South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
The fees set out in Schedule 3 are payable as specified in that Schedule.
Schedule 1—Board of Examiners, certificates and permits
Part
1—Board of examiners
(1) The
Board of Examiners for Mine Managers continues in existence.
(2) Subject to this
Schedule, the Board of Examiners consists of—
(a) the
Chief Inspector; and
(b) two
or more members appointed by the Governor.
(3) At least one
member of the Board of Examiners must hold a first-class
underground mine-manager's certificate and at least one member must hold a
first-class quarry-manager's certificate.
2—Terms and conditions of office
(1) A member of the
Board of Examiners (other than the Chief Inspector) will be appointed on
conditions, and for a term (not exceeding three years), determined by the
Governor and, on the expiration of a term of office, is eligible for
reappointment.
(2) The Governor may
remove a member of the Board of Examiners from office—
(a) for
breach of, or non-compliance with, a condition of appointment; or
(b) for
misconduct; or
(c) for
failure or incapability to carry out official duties satisfactorily.
(3) The office of a
member of the Board of Examiners becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice to the Minister; or
(d) is
removed from office under subclause (2).
(1) Three members
constitute a quorum of the Board of Examiners.
(2) The
Chief Inspector will, if present at a meeting of the Board of Examiners,
preside at the meeting.
(3) If there is a
casual vacancy in the office of Chief Inspector, the Governor may appoint a
person to preside at meetings of the Board of Examiners (and to act as a
member of the Board of Examiners) until the vacancy is filled.
(4) If the
Chief Inspector is unable to attend a meeting of the Board of Examiners, the
Director may appoint an inspector to preside at the meeting (and to act as a
member of the Board of Examiners).
(5) A decision carried
by a majority of votes of members present at a meeting of the
Board of Examiners is a decision of the Board of Examiners.
(6) Each member
present at a meeting of the Board of Examiners has one vote on a question
arising for decision and, if the votes are equal, the person presiding at the
meeting has a second or casting vote.
(7) The
Board of Examiners must have accurate minutes kept of its proceedings.
(8) Subject to this
Schedule, the Board of Examiners may determine its own procedures.
4—Validity of acts and proceedings
An act or proceeding of the Board of Examiners is not invalid by reason only
of a vacancy in its membership or a defect in the appointment of a member.
Part 2—Certificates and permits—qualification and issue
5—First-class underground mine-manager's certificate
(1) Subject to this
Schedule, the Board of Examiners may grant a first-class
underground mine-manager's certificate—
(i)
has practical experience in underground mining for not
less than three years; and
(ii)
holds a degree or diploma in mining engineering from a
university or other tertiary institution in Australia, or from another
education body recognised by the Board of Examiners for the purposes of these
regulations; and
(iii)
has passed a written examination in mining law,
environment and occupational health and safety law set by the
Board of Examiners; or
(b) to a
person who—
(i)
has experience and holds qualifications accepted by the
Board of Examiners as being equivalent to the experience and qualifications
required by paragraph (a)(i) and (ii); and
(ii)
has passed a written examination in mining law,
environment and occupational health and safety law set by the
Board of Examiners.
(2) A person holding a
first-class mine-manager's certificate immediately before the commencement of
these regulations will be taken to have been granted a first-class
underground mine-manager's certificate and a first-class quarry-manager's
certificate under these regulations (subject to any restrictions imposed by
the Board of Examiners).
6—Second-class underground mine-manager's certificate
(1) Subject to this
Schedule, the Board of Examiners may grant a second-class
underground mine-manager's certificate to a person who—
(a) has
practical experience in underground mining for not less than three years; and
(b)
holds qualifications considered by the Board of Examiners as being sufficient
for the management of an underground mine where up to 19 persons may work in
any period of 24 hours; and
(c) has
passed a written examination in mining law, environment and occupational
health and safety law set by the Board of Examiners.
(2) A person holding a
second-class mine-manager's certificate immediately before the commencement of
these regulations will be taken to have been granted a second-class
underground mine-manager's certificate and a second-class quarry-manager's
certificate under these regulations (subject to any restrictions imposed by
the Board of Examiners).
7—First-class quarry-manager's certificate
(1) Subject to this
Schedule, the Board of Examiners may grant a first-class quarry-manager's
certificate—
(i)
has practical experience in quarrying for not less than
three years; and
(ii)
holds a degree or diploma in mining engineering from a
university or other tertiary institution in Australia, or from another
education body recognised by the Board of Examiners for the purposes of these
regulations; and
(iii)
has passed a written examination in mining law,
environment and occupational health and safety law set by the
Board of Examiners; or
(b) to a
person who—
(i)
has experience and holds qualifications accepted by the
Board of Examiners as being equivalent to the experience and qualifications
required under paragraph (a)(i) and (ii); and
(ii)
has passed a written examination in mining law,
environment and occupational health and safety laws set by the
Board of Examiners.
(2) A person holding a
quarry-manager's certificate immediately before the commencement of these
regulations will be taken to have been granted a first-class quarry-manager's
certificate under these regulations (subject to any restrictions imposed by
the Board of Examiners).
8—Second-class quarry-manager's certificate
Subject to this Schedule, the Board of Examiners may grant a second-class
quarry-manager's certificate—
(a) to a
person who has had practical experience in mining or quarrying for not less
than three years and who has passed the examinations conducted by the
Board of Examiners for candidates for second-class quarry-manager's
certificates; or
(b) to a
person who has experience and holds qualifications accepted by the
Board of Examiners as being equivalent to the experience and qualifications
required under paragraph (a).
(1) If an applicant
for a certificate satisfies the Board of Examiners that the applicant is
qualified by experience and knowledge to manage a mine at which he or she will
be employed, or mines of a specified class, but the Board of Examiners is not
satisfied that the applicant is entitled to an ordinary certificate, the
Board of Examiners may (subject to subregulation (2)) issue a restricted
certificate to the applicant.
(2) The applicant must
pass a written examination in mining law, environment and occupational health
and safety law set by the Board of Examiners before a certificate may be
issued.
(3) A restricted
certificate must contain a statement of the particular mine or particular
class of mines that the holder of the certificate is entitled to manage.
(4) A restricted
certificate does not entitle the holder of the certificate to be a manager of
a mine other than a mine indicated by the certificate.
(1) The
Board of Examiners may, if it considers it expedient to do so, issue to a
person (whether or not qualified for a permanent certificate under these
regulations) a temporary certificate.
(2) The person must
pass a written examination in mining law, environment and occupational health
and safety law set by the Board of Examiners before a temporary certificate
may be issued.
(3) A temporary
certificate—
(a) will
be in force for the period specified by the Board of Examiners in the
certificate; and
(b)
will, while in force, have the same effect as an ordinary certificate of the
same kind; and
(c) may
be granted subject to terms and conditions specified by the Board
of Examiners.
11—General requirements for certificates
(1) A certificate will
not be granted to a person unless the person—
(a)
applies for the certificate on a form provided by the Board of Examiners and
satisfies the Board of Examiners of the facts that give the person the right
to be granted a certificate; and
(b)
satisfies the Board of Examiners that he or she is a fit and proper person to
be the holder of a certificate; and
(c) is
at least 25 years of age; and
(d) pays
the appropriate fee specified by Schedule 3 .
(2) The
Board of Examiners will determine the form of a certificate, and may specify
in the certificate—
(a) a
statement of any limitations or restrictions on the effect of the certificate;
(b) a
statement of any qualifications taken into account by the Board of Examiners
in granting the certificate;
(c)
other information determined to be appropriate by the Board of Examiners.
(1) The
Board of Examiners will hold examinations in mining law, environment and
occupational health and safety law as required for candidates for certificates
who have otherwise satisfied the requirements of this Schedule.
(2) The
Board of Examiners must hold examinations for second-class quarry managers'
certificates not less frequently than once in every two years unless there are
no candidates.
(3) The subject of the
examinations for second-class quarry-managers will be as follows:
2 Mathematics
3 Explosives
4 Quarry machinery.
(4) The
Board of Examiners may exempt a person from the obligation to pass an
examination conducted by the Board of Examiners for the purposes of these
regulations (other than the examination in mining law, environment and
occupational health and safety law) if the person satisfies the Board of
Examiners that he or she is sufficiently qualified in the subject of the
examination.
(1) The
Chief Inspector may grant to a person a special permit to act as the manager
of a mine where less than 10 persons work if the Chief Inspector is satisfied
that the person has had sufficient practical experience in mining, and has
sufficient knowledge of these regulations, and other regulations relating to
safe and appropriate mining practices and procedures.
(2) A special
permit—
(a) will
authorise the holder of the permit to act as manager only for the mine
specified in the permit; and
(b) will
remain in force for the period (not exceeding 12 months) specified in the
permit; and
(c) may
be granted subject to terms and condition specified by the Chief Inspector.
The Board of Examiners must keep a record of all certificates and permits
issued under this Schedule.
Part 3—Certificates and permits—suspension and cancellation
15—Suspension and cancellation
(1) If the holder of a
certificate or permit issued under this Schedule—
(a)
contravenes or fails to comply with a requirement of the Act, these
regulations, or other regulations or laws relating to safe or appropriate
mining practices or procedures; or
(b)
contravenes or fails to comply with a term or condition of the certificate or
permit; or
(c) acts
negligently or in an unsafe manner, or in a manner amounting to misconduct, in
or in connection with the work of a manager; or
(d)
ceases for any other reason to be a fit and proper person to be the holder of
the certificate or permit,
the Board of Examiners may suspend or cancel the certificate or permit.
(2) However, before
taking action under subclause (1), the Board of Examiners must give the
holder of the certificate or permit a notice in writing—
(a)
stating the proposed action; and
(b)
stating the reasons for the proposed action; and
(c)
inviting him or her to show, within a specified time (of at least 21 days),
why the proposed action should not be taken.
(3) If, after
considering any representation made within the specified time, the Board of
Examiners still considers that action should be taken, the Board of Examiners
may—
(a)
suspend the certificate or permit for a specified period, until the fulfilment
of specified conditions, or until further order; or
(b)
cancel the certificate or permit; or
(c) take
other action (for example, by attaching conditions to the certificate or
permit) determined by the Board of Examiners to be appropriate in the
circumstances.
(4) The
Board of Examiners must inform the relevant person of the decision by notice
in writing.
(5) If the
Board of Examiners takes action under subclause (3), the notice must also
state the reasons for the action.
(1) If the Board of
Examiners considers that there would be an immediate threat to safety at a
mine unless a certificate or permit is suspended immediately, the
Board of Examiners may, without following the procedures set out in
clause 15, suspend the certificate or permit immediately for a period,
and on terms, specified in a written notice of suspension given to the holder
of the certificate or permit.
(2) A suspension under
subclause (1) cannot exceed six weeks except with the concurrence of the
Minister.
(3) The
Board of Examiners may—
(a)
withdraw a suspension under this clause at any time;
(b) with
the concurrence of the Minister, extend a suspension under this clause
(pending resolution of the matter under clause 14, as appropriately
modified to meet the circumstances of the case).
(1) Subject to this
clause, a person who is (or has been) the holder of a certificate or permit
and who is aggrieved by a decision of the Board of Examiners to suspend or
cancel the certificate or permit may, within 14 days after receiving notice of
the relevant decision, apply for a review of the matter under this clause.
(2) The application
for review—
(a) must
be made in writing to the Minister; and
(b) must
contain a statement of the grounds on which the review is requested.
(3) A person applying
for a review must ensure that a copy of the application is served on the
Chief Inspector, or the secretary of the Board of Examiners, within three
business days after the application is made to the Minister.
(4) Unless otherwise
specifically directed by the Board of Examiners, the operation of the decision
to which the review relates is suspended pending the outcome of the review.
(5) On the receipt of
an application for review, the Minister must, in consultation with the
Attorney-General, appoint an independent person to review the relevant
decision.
(6) In conducting a
review, the person appointed under subclause (5)—
(a) must
give the applicant and the Board of Examiners a reasonable opportunity to
submit evidence, information and arguments relevant to the matters in issue;
and
(b) is
not bound by the rules of evidence, but may inform himself or herself on a
matter as he or she thinks fit; and
(c) may
determine the procedure to be followed in the matter.
(7) At the conclusion
of the review, the person appointed under subsection (5) may do one or more of
the following:
(a)
affirm, vary or quash the relevant decision or substitute, or make in
addition, a decision that the person thinks appropriate;
(b)
remit the matter to the Board of Examiners for further consideration;
(c) make
further or other orders that are appropriate to the circumstances of the case.
(1) The Board of
Examiners may at any time conduct an inquiry into the conduct of the holder of
a certificate or permit to establish whether or not the person should continue
to hold the certificate or permit.
(2) An inquiry under
subclause (1) will be conducted in such manner as the Board of Examiners
thinks fit.
Part 4—Rules
(1) The
Board of Examiners may make rules relevant to the performance of its
functions.
(2) The rules
may—
(a)
provide for the manner and form in which applications may be made to the
Board of Examiners;
(b)
provide for the information and material that must accompany an application;
(c)
prescribe courses of study, and deal with examinations conducted by the
Board of Examiners;
(d)
provide for the recognition of qualifications and experience obtained or
gained outside the State;
(e) deal
with other matters necessary or expedient for the effective and efficient
operation of the Board of Examiners.
Schedule 2—Prescribed requirements for plans and programmes
The
following requirements are prescribed for the purposes of regulation 10:
1—Locality plan of mine area
A locality plan of the mine area and of an area not less than ............
metres, outside the boundaries of the mine area ( ie area over which mining
rights are held), on standard sheet (x) with date and north point and showing
the following:
(a) the
name of the county and hundred;
(b) the
boundaries of sections and allotments and their section and allotment numbers;
(c) the
names and addresses of the occupiers and owners of the mine area;
(d) the
surface contours of the mine area at intervals not exceeding 3 metres
related to sea level or to an established permanent local bench mark;
(e) the
locations of public and private utilities, protected sites, housing and
buildings existing within the limits of the plan, including transmission
lines, watercourses, drains and water storages, and explosives storages and
preparation buildings, and oil storages.
"Protected sites" means historic buildings, monuments etc.
2—Working plan of mine area
A working plan of the mine area or the proposed mine area, as the case may be,
and sections (at least two, one longitudinal and one a cross-section) giving
contours at intervals not exceeding 3 metre intervals and showing the
following:
(a) the
boundaries of the land over which mining rights are held;
(b) the
positions of bore holes and test excavations showing the depths, thicknesses
and types of strata;
(c) the
boundaries of all existing quarry excavations showing all bench floors and
slopes of faces;
(d) all
underground excavations, including excavations that have been backfilled;
(e) the
locations of existing plant, machinery, buildings, roads, safety fences,
services, and utilities, tree belts and other screens such as hedgerows or
shelter belts, waste rock screens, and other barriers, explosives storages and
preparation buildings, and oil storages;
(f) the
locations of existing slime dams, tailing dams, settling ponds, water
storages, watercourses and drains;
(g) the
location of existing dumps of overburden and waste, and stockpiles of
products;
(h) the
proposed situation for ............ years at intervals ............ years or
when mining is complete, with regard to—
(i)
the boundaries of all quarry excavations showing also
bench floors, slopes of faces;
(ii)
the location of plant, machinery, buildings, roads,
safety fences, services and utilities, tree belts and other screening such as
hedgerows and waste rock screens, explosives storages and preparation
buildings, and oil storages;
(iii)
the location and the elevation of soil and overburden
dumps;
(iv)
the locations and the elevation of water storages,
settling ponds, slime dams and tailings storages;
(v)
the drainage system for disposal of water and liquid
waste products.
3—Development programme
A development programme showing the following:
(a) the
method of operation and the order of procedure or stages to be adopted in the
progressive extraction of mineral substances;
(b) the
provisions made or to be made for prevention of nuisances, and for the
prevention of pollution of drainage waters;
(c) the
method of operation and the order of procedure for screening and the
progressive rehabilitation of worked-out areas, dumps, dams etc so as to
conform to the general amenity of the area, as well as the methods by which
revegetation will be carried out.
|
1 |
Application for a certificate under Schedule 1 |
$27.25 |
|
2 |
Each subject for examination for a second-class quarry manager's certificate
under Schedule 1 |
$17.40 |
|
3 |
Examination in mining law, environment and occupational health and safety law
under Schedule 1 |
$17.40 |
|
4 |
Issue of a certificate under Schedule 1 |
$42.75 |
|
5 |
Issue of a replacement certificate |
$27.25 |