Western Australian Current Regulations

WORK HEALTH AND SAFETY (MINES) REGULATIONS 2022 - REG 747

747 .         Competency certificates

        (1)         In this regulation —

        competency certificate means a certificate of competency under the MSIR that is listed in column 1 of the Table;

        equivalent certificate , in relation to a competency certificate, means the statutory certificate listed opposite the competency certificate in column 2 of the Table.

Table

Column 1 Competency certificate	Column 2 Equivalent certificate
Authorised mine surveyor’s certificate (grade 1)	Authorised mine surveyor’s certificate (grade 1)
Authorised mine surveyor’s certificate (grade 2)	Authorised mine surveyor’s certificate (grade 2)
Deputy’s certificate	Deputy’s certificate for underground coal mines
First class mine manager’s certificate for underground coal mines	First class mine manager’s certificate for coal mines
First class mine manager’s certificate other than for underground coal mines	First class mine manager’s certificate for non‑coal mines
Quarry manager’s certificate	Quarry manager’s certificate
Restricted quarry manager’s certificate	Restricted quarry manager’s certificate
Underground supervisor’s certificate	Underground supervisor’s certificate

        (2)         If, immediately before commencement day, a person held a competency certificate, the person is taken to hold the equivalent certificate in relation to the competency certificate.

        (3)         If a person applied for a competency certificate before commencement day and the certificate is issued to the person under the MSIR as continued under regulation 706(a), the person is taken to hold the equivalent certificate in relation to the competency certificate.

        (4)         The equivalent certificate in relation to the competency certificate under subregulation (2) or (3) expires at the end of the period of 3 years beginning on commencement day unless, at the end of the period, the person who holds the certificate —

            (a)         has passed an applicable legislation examination for the certificate; and

            (b)         if an eligibility requirement for the certificate is that the person successfully completes an approved WHS risk management unit for the certificate — has successfully completed the unit for the certificate.

        (5)         If a decision is made to refuse to grant the competency certificate under the MSIR as continued under regulation 706(a), the decision is taken to have been made under regulation 675ZZC(1).

        Note for this subregulation:

                Refusing to grant a statutory certificate to a person under regulation 675ZZC(1) is a reviewable decision (see regulation 676).

        (6)         If a competency certificate is issued subject to a restriction under the MSIR regulation 2.29 as continued under regulation 706, the competency certificate is taken to be granted subject to the same condition in the same form as the restriction under the repealed regulations as if the condition were imposed under regulation 675ZZC(3).

        Note for this subregulation:

                Granting a statutory certificate subject to conditions under regulation 675ZZC(3) is a reviewable decision (see regulation 676).