Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
operative period means the period beginning on
commencement day and ending on the earlier of the following —
(a) if
the directive made in relation to a mine under the MSIR regulation 9.3(4)
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 issued a written directive exempting, under the MSIR
regulation 9.3(4), a mine from the requirement to appoint a ventilation
officer under the MSIR regulation 9.3; and
(b) the
exemption is in force immediately before commencement day.
(3) During the
operative period, the mine operator of the mine does not commit an offence
against regulation 675ZB(1) if, in accordance with the
directive —
(a) if
the mine is an underground mine — a person who is not an
underground ventilation officer performs the functions of the position at the
mine; and
(b) if a
mine air quality officer must be appointed for the mine under Schedule 26
clause 4(1) — a person who is not a mine air quality officer
performs the functions of the position in relation to the surface mining
operation at the mine.
(4) During the
operative period, the mine operator of the mine does not commit an offence
against regulation 675ZC(2) if sufficient persons are available, in
accordance with the directive, to perform the functions of —
(a) if
the mine is an underground mine — an underground ventilation
officer; and
(b) if a
mine air quality officer must be appointed for the mine under Schedule 26
clause 4(1) — a mine air quality officer.