Victorian Consolidated Legislation

Mines Act 1958 - SECT 386

Qualifications of mine managers

386. Qualifications of mine managers







(1) A person shall not be qualified to be the manager of a mine employing more
than two men unless-



   (a)  in the case of a mine which is a prescribed mine or is included in a
        class of mines prescribed for the purposes of this section-

   (i)  he is registered as the holder of a certificate of competency of the
        appropriate prescribed class issued by the Board of Examiners for Mine
        Managers constituted under this subdivision (in this subdivision
        called the Board); or

   (ii) he holds a permit in force under this section authorizing him to
        manage the mine in question or a class of mines in which that mine is
        included; and

   (b)  in the case of any other mine-he is registered as the holder of a
        certificate of competency of the appropriate prescribed class issued
        by the Board.

(2) A person who wishes to be the manager of a mine which is or any two or
more mines which are a prescribed mine or prescribed mines or which is or
which are included in a class of mines prescribed for the purposes of this
section may apply to an inspector of mines for a permit authorizing him to
manage a mine or class of mine in respect of which the application is made.

(3) An application under subsection (2)-

   (a)  shall be in a form approved by the inspector to whom the application
        is made and shall contain the prescribed particulars; and

   (b)  shall be accompanied by the prescribed fee which shall not exceed 5
        fee units.



(3A) Subject to subsection (3B) an inspector of mines to whom an application
under subsection (2) is made may grant or refuse to grant the permit applied
for.

(3B) An inspector of mines shall refuse to grant a permit applied for under
subsection (2) unless he is satisfied that-

   (a)  the applicant has attained the prescribed standard of proficiency (if
        any) at the prescribed examinations (if any) and has-

   (i)  obtained the prescribed qualifications (if any); or

   (ii) been engaged in mining for the prescribed period (if any) and under
        the prescribed circumstances (if any); and

   (b)  the applicant is competent to manage the mine or class of mines in
        respect of which the application for a permit is made.

(3C) A permit under this section-

   (a)  shall specify-

   (i)  the name of the person to whom it is granted;

   (ii) the mine or class of mines in respect of which it is granted; and

   (iii) such other particulars as are prescribed;

   (b)  authorizes the person named in the permit to manage the mine or class
        of mine specified in the permit during the period for which the permit
        remains in force;

   (c)  remains in force for a period commencing on the day on which the
        permit is issued and ending on a day specified in the permit, being a
        day not later than five years after the date of issue of the permit;

   (d)  shall be in writing in or to the effect of the prescribed form;

   (e)  is subject to such conditions as are prescribed;

   (f)  may be granted subject to such conditions and restrictions (if any) as
        the inspector determines and as are specified in the permit, so long
        as they are not inconsistent with the prescribed conditions or
        restrictions; and

   (g)  may be revoked or suspended by the Minister in accordance with the
        provisions of this section.

(3D) Where a permit is made subject to any conditions or restrictions, the
holder of the permit shall comply with them.

(3E) Where an inspector of mines grants a permit under this section, he shall
on or before the expiration of seven days after granting the permit give
notice in writing to the Board of the name of the person to whom the permit
was granted and such other information as may be prescribed.

(3F) The Board shall keep a register of the names of the holders of permits
under this section, and the register shall be in such form and contain such
particulars as are prescribed.

(3G) Where a permit held by a person is revoked under this section the Board
shall remove the name of that person from the register.

(3H) A certificate signed by the Secretary to the Board stating that a person
is or was or is not or was not registered as the holder of a permit under this
section shall be prima facie evidence of that fact.

(3I) Where a report is made to the Board by an inspector of mines that the
holder of a permit is incapable incompetent or unfit to discharge his duties
under this Act or the regulations or that the holder of a permit has been
convicted of an offence against this Act or the regulations, the Board may
hold an inquiry into the circumstances of the report or offence.

(3J) Where the Board is of opinion that an inquiry ought to be held into the
competency capacity or fitness of a holder of a permit to discharge his duties
under this Act or the regulations, it may hold that inquiry.

(3K) An inquiry under this section shall be held at such time and place as the
Board determines.



(3L) Where the Board determines to hold an inquiry under this section, it
shall give to the holder of the permit ten days' notice in writing of the time
and place for holding the inquiry together with a copy of any report made by
an inspector of mines in relation to that person and shall inform him that he
is entitled to be represented by a legal practitioner at the inquiry.





(3M) At an inquiry under this section-





   (a)  the holder of the permit is entitled to be represented by a legal
        practitioner but shall give to the Board three days' notice of his
        intention to employ a legal practitioner;

   (b)  the Board may inquire into the circumstances giving rise to the
        inquiry; and

   (c)  the Board after considering the evidence put before it at the inquiry
        may make such findings as it thinks fit.

(3N) Where the Board finds that the holder of a permit in relation to whom an
inquiry under this section has been made is incapable incompetent or unfit to
discharge his duties under this Act or the regulations or has been convicted
of an offence against this Act or the regulations it may recommend to the
Minister that the permit be revoked or suspended.

(3O) Where the Board makes a recommendation under this section the Minister
may by notice published in the Government Gazette revoke or suspend the permit
in accordance with the recommendation of the Board.

(3P) A suspension of a permit under this section-

   (a)  has effect for such period as is specified by the Minister in the
        notice suspending the permit; and

   (b)  may at any time be revoked by the Minister by notice published in the
        Government Gazette.



(3Q) Where a permit is suspended under this section-

   (a)  particulars of the suspension shall be recorded by the Board in the
        register kept by it under this section; and

   (b)  the person whose permit has been suspended shall during the period of
        the suspension be deemed not to be the holder of a permit.

(3R) On publication of a notice in the Government Gazette under this section
the person whose permit has been revoked or suspended shall surrender the
permit to the Board and-

   (a)  where the permit has been revoked-the Board shall retain the permit
        and endorse it as having been revoked; and

   (b)  where the permit has been suspended-the Board shall retain the permit
        until the suspension is revoked or the period of the suspension
        expires (as the case may be).

(3S) The Board may make such order as it thinks fit in relation to the costs
and expenses of an inquiry held under this section and that order may be
enforced as a civil debt recoverable summarily.

(3T) A person who feels aggrieved by a decision of an inspector of mines
refusing to grant him a permit under this section or by a decision of the
Minister revoking or suspending a permit granted to him under this section may
within one month after receiving notification of the decision appeal pursuant
to the Magistrates' Court Act 1989 to the County Court against the refusal
suspension or revocation in the same manner as a person may appeal from the
summary conviction of the Magistrates' Court.

(3U) The decision of the County Court upon the appeal shall be final and
without appeal.

(4) Notwithstanding anything in this Division, if in the opinion of the Chief
Mining Inspector, conditions in any mine are such as to require special skill
or knowledge on the part of the manager, the Chief Mining Inspector may by
notice in writing require the owner to appoint a certificated manager of a
higher class than normally required under this Division for such period as may
be specified in the notice.



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(6) This section does not apply to a mine made under the authority of a
licence granted under section 65 or 325 or under Part V or which is a place
used for prospecting by the holder of a miner's right and in respect of which
no lease licence or claim is in force.