Victorian Consolidated Legislation

Mines Act 1958 - SECT 390

Reconstitution of Board of Examiners for Mine Managers

390. Reconstitution of Board of Examiners for Mine Managers





(1) There shall be a Board to be called the Board of Examiners for Mine
Managers appointed by the Minister.

(1A) The Board shall consist of-

   (a)  the Secretary for Minerals and Energy or his nominee, who shall be
        Chairman;

   (b)  three officers of the Department of Minerals and Energy who have
        experience in mining engineering;

   (c)  two representatives of each of the several kinds of mining appointed
        by the Minister after consultation with such persons or bodies as the
        Minister thinks represent the interests of persons engaged in those
        several kinds of mining.

(1B) In relation to any particular question the Board shall be constituted by
the person referred to in paragraph (a), and one of the persons referred to in
paragraph (b) who is nominated by the Secretary for Minerals and Energy to
consider the question then under discussion, together with the persons
referred to in paragraph (c) who are appointed to represent the interests of
the kind of mining which is concerned with the matter then under discussion.

(2) The members of the Board, who are not officers of the public service,
shall be appointed for a period not exceeding three years and shall be
eligible for re-appointment and shall be paid such fees expenses and
travelling and other allowances as are fixed by the Governor in Council by
Order published in the Government Gazette.

(3) The Minister may at any time remove a member of the Board from Office.



(4) At any meeting of the Board three members shall constitute a quorum and
subject to the presence of a quorum the Board may act notwithstanding any
vacancy in its membership.

(5) At any meeting of the Board at which he is present the chairman shall
preside and in his absence the members present shall elect one of their number
to preside.

(6) In the event of an equality of votes at any meeting the person presiding
shall have a second or casting vote.



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(8) The persons constituting the Board immediately prior to the commencement
of section 3 of the Mines (Amendment) Act 1973 shall be deemed to be members
of the Board constituted under this section and shall be entitled to hold
office for a period of three years from the said commencement unless sooner
removed from office by the Minister under subsection (3).

(9) Notwithstanding any reconstitution of the Board effected by section 8 of
the Mines (Miscellaneous Provisions) Act 1978 the Board shall be deemed to be
the same body after as before the reconstitution and no act matter or thing
shall be abated or affected thereby.

(10) On the commencement of section 8 of the Mines (Miscellaneous Provisions)
Act 1978 the persons who immediately before the said commencement held office
as members of the Board shall go out of office but shall be eligible for
re-appointment.

(11) If any member of the Board is unable whether on account of illness or
otherwise to perform the duties of his office the Minister may appoint a
suitable person to act as a member of the Board during that period of
inability and any person so appointed shall be entitled to the fees expenses
and travelling and other allowances to which the member in whose place he acts
is entitled.