Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
operative period , in relation to an agreement
under the MSIA section 35(4), means the period beginning on commencement
day and ending on the earlier of the following —
(a) if
the agreement states that it terminates on a particular day — that
day;
(b)
otherwise — the end of the shorter transition period.
(2) This regulation
applies if —
(a) a
district inspector agreed in writing that an appointment of an underground
manager need not be made in relation to mining operations at a mine under the
MSIA section 35(4); and
(b) the
agreement is in force immediately before commencement day.
(3) During the
operative period, a mine operator of the mine does not commit an offence
against regulation 675ZB(1) if, in accordance with the
agreement —
(a) if
the mine is an underground coal mine — a person who is not an
underground manager (coal) performs the functions of the position at the mine;
or
(b) if
the mine is an underground non-coal mine — a person who is not an
underground manager (non-coal) performs the functions of the position at the
mine.
(4) During the
operative period, a mine operator of the mine does not commit an offence
against regulation 675ZC(2) if sufficient persons are available, in
accordance with the agreement, to perform the functions of —
(a) if
the mine is an underground coal mine — an underground manager
(coal); or
(b) if
the mine is an underground non-coal mine — an underground manager
(non-coal).