New South Wales Consolidated Acts

COAL MINE HEALTH AND SAFETY ACT 2002 - SECT 17

17 Duty to nominate the operator of a coal operation

(1) A colliery holder must not undertake any mining, or allow any other person to undertake any mining, at a coal operation within the colliery holding unless the colliery holder has nominated one person who is the employer with the day to day control of the coal operation as the operator of the coal operation.

Note: Because of the definition of "mine" (as a verb), this obligation applies to coal mines and preparation plants but not coal exploration sites.

(2) A nomination must be made in writing to the Chief Inspector.

(3) A colliery holder may nominate himself, herself or itself as the operator of a coal operation in the colliery holding.

(4) If there is more than one separate and distinct coal operation within a colliery holding, the colliery holder may nominate the person who is the employer with the day to day control of each coal operation within the colliery holding.

(5) A nomination under this section must be in the form prescribed by the regulations.

(5A) The Chief Inspector may require a colliery holder to provide further information concerning a nomination.

(6) The Chief Inspector must tell the colliery holder who made the nomination if the nomination has been rejected. This must be done within 28 days of receiving the nomination or within any further time specified by the Chief Inspector when the Chief Inspector requests further information under subsection (5A).

(7) The Chief Inspector may reject a nomination under this section:

(a) if the Chief Inspector believes that the nominated operator is not the employer with the day to day control of the coal operation, or

(b) if more than one nominated operator is nominated and the Chief Inspector believes:

(i) that allowing the number of persons nominated to be operators would be detrimental to the safety of one or more coal operations, or

(ii) that the different parts of the colliery holding nominated under subsection (4) are not sufficiently distinct to warrant the appointment of separate operators, or

(c) in circumstances prescribed by the regulations.

(8) If a nomination is rejected it is taken, on and from the time the rejection is notified to the operator, not to have been made.

(9) If an operator whose nomination has not been rejected under this section ceases to be the employer with the day to day control of the coal operation, the colliery holder must not undertake any mining, or allow any other person to undertake any mining, at the coal operation unless the colliery holder has nominated another operator of the coal operation. This section applies to a further nomination in the same way as it applies to an initial nomination.

(10) This section does not require a colliery holder to nominate an operator if a previous colliery holder of the colliery holding nominated an operator other than himself, herself or itself and that nomination was accepted.

(11) The regulations may provide for when a person is taken to cease to be the employer with the day to day control of a mine for the purposes of this section.

(12) Subject to the regulations, the fact that an operator was not, when nominated as the operator under this section, the employer with the day to day control of the mine concerned does not affect the operator’s obligations under this Act.

(13) Subject to the regulations, the fact that an operator has ceased to be the employer with the day to day control of the mine does not affect the operator’s obligations under this Act.