(1) The mine operator
of a mine must ensure that a person does not carry out the functions of a
statutory position unless —
(a) the
person —
(i)
if the person is the alternate for the site senior
executive — meets the eligibility requirements set out in
regulation 675ZR(1); or
(ii)
otherwise — is an appropriate person for the
position;
and
(b) the
person —
(i)
if the position is a key statutory position —
is an alternate for the key statutory position and the person appointed to the
position is not carrying out the functions of the position; or
(ii)
otherwise — has been appointed to the
position.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2)
Subregulation (1) does not apply if —
(a) the
person who has been appointed to the position or is an alternate for a key
statutory position —
(i)
is not an appropriate person for the position; and
(ii)
gives the mine operator or site senior executive of a
mine or the regulator information or a document that contains false or
misleading information that purports to show that the person is an appropriate
person for the statutory position or to be an alternate for a key statutory
position;
and
(b) the
mine operator complies with regulation 675ZX.
(3) If a key statutory
position is required to be appointed at a mine and has been vacant at the mine
for 7 days, the mine operator of the mine must ensure that mining
operations at the mine are not carried out until an appropriate person for the
position has been appointed to the position.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.