Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 38

PART 4 MANAGERS

Manager must be appointed

38. Manager must be appointed



(1) The holder of a work authority must not carry out any extractive industry
unless the person has appointed a quarry manager or a person to manage the
extractive industry operation who is a competent person.

Penalty: 50 penalty units.

(2) A person must not operate a quarry unless the person has appointed a
quarry manager to manage the quarry who is a competent person.

Penalty: 50 penalty units.

(3) For the purposes of subsection (1), a competent person is a person whom
the holder of a work authority reasonably believes-

   (a)  has acquired appropriate and adequate knowledge and skills, through
        training or experience or both, to be able to safely and competently
        control and manage the extractive industry operation; and

   (b)  has an adequate knowledge of this Act and the regulations and any
        other relevant legislation; and

   (c)  is authorised to carry out, or supervise the carrying out, of any
        activity on the land in the work plan that is regulated by or under
        any Act.

(4) For the purposes of subsection (2), a competent person is a person whom
the person who operates a quarry reasonably believes-

   (a)  has acquired appropriate and adequate knowledge and skills, through
        training or experience or both, to be able to safely and competently
        control and manage the extractive industry operation; and

   (b)  has an adequate knowledge of this Act and the regulations and any
        other relevant legislation; and

   (c)  is authorised to carry out, or supervise the carrying out, of any
        activity on the land in the work plan that is regulated by or under
        any Act.

(5) If the holder of a work authority or the operator of the quarry is a
competent person, he or she may appoint himself or herself to be the quarry
manager or person to manage the extractive industry operation.



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