Victorian Consolidated Legislation

Mines Act 1958 - SECT 393

Issue of certificates of competency

393. Issue of certificates of competency







(1) Where an applicant for a certificate of competency satisfies the Board
that he-

   (a)  has-

   (i)  obtained a degree diploma or other qualification that is a prescribed
        degree diploma or qualification or that is approved by the Board in
        accordance with the regulations for the purposes of qualification of
        persons for the issue of certificates of the class applied for; and

   (ii) been engaged in a prescribed kind of mining for a period prescribed
        for the purposes of qualification of persons for the issue of
        certificates of the class applied for and under circumstances approved
        by the Board;

   (b)  has attained a standard of proficiency approved by the Board at an
        examination conducted by the Board in respect of any subject or
        subjects prescribed for the purposes of qualification of persons for
        the issue of certificates of the class applied for;

   (c)  is of good character;

   (d)  is or is about to be engaged in mining in Victoria;

   (e)  where the Board so requires-is qualified in accordance with the
        regulations to use explosives;

   (f)  where the Board so requires-is qualified in accordance with the
        regulations to administer first-aid; and

   (g)  has paid the appropriate prescribed fee-

the Board may issue him a certificate of competency of the class applied for.

(1A) Notwithstanding anything to the contrary in subsection (1), the Board may
issue a certificate of competency as a mine manager to an applicant who is not
qualified to be issued with a certificate of competency under subsection (1)
by reason only of the fact that he does not hold the prescribed qualifications
or has not passed the prescribed examinations, if the applicant satisfies the
Board that-

   (a)  he has been engaged in mining for a period of time considered adequate
        by the Board;

   (b)  he is competent to manage mines of the class to which the certificate
        applied for would, if it were granted, relate;

   (c)  he is or proposes to be engaged in mining in Victoria;

   (d)  is of good character; and

   (e)  he has paid the appropriate prescribed fee.

(2) Where an applicant for a certificate of competency has not passed an
examination conducted by the Board for the class of certificate applied for
the Board may issue a certificate of competency to the applicant if it is
satisfied on such evidence as it requires that the applicant has passed an
equivalent examination or examinations at an educational institution whose
curriculum and mode of examination are approved by the Board.