Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If exploration
operations are carried out on a mining tenement which is held by a person who
holds an adjoining mining tenement or mining tenements on one or more of which
mining operations are being carried out, the registered manager of the mine at
which those mining operations are being carried out may notify in writing the
senior inspector responsible for the region of the State in which those
exploration operations are being carried out that all such exploration
operations are under the control of that registered manager.
(2) If exploration
operations at a mine are not under the control of a registered manager because
a registered manager is not required under section 33(7) for those
operations and, for a mine to which subsection (1) applies, no notice has
been given under that subsection, the principal employer must —
(a)
notify, without delay and in writing, the senior inspector responsible for the
region of the State in which those exploration operations are being carried
out of the name and address of the person who is the exploration manager for
those operations; and
(b)
notify, without delay and in writing, that senior inspector of the name and
address of the person who is responsible to the principal employer for the
management of all activity in carrying out such exploration operations (and
that person may, but need not, be the person notified under paragraph (a)
as exploration manager); and
(c) take
all reasonable steps to ensure that the exploration operations are carried out
in accordance with all applicable provisions under this Act.
(3) An exploration
manager must inform the senior inspector for the region of the State in which
the exploration operations are to take place of the location, scope, and
nature of the exploration operations in accordance with the regulations.
(4) A person notified
as being responsible for the management of exploration activity under
subsection (2)(b) must take all reasonable steps to liaise effectively
with the district inspector for the region where that activity is taking place
concerning the location, scope and nature of the exploration operations.
(5) Notwithstanding
subsections (1) and (2), in the case of exploration operations carried
out by a syndicate or other association of persons in such a way that no
person is employed in those operations, no notification under
subsection (2) is required, but the members of that entity or partnership
or those persons are jointly and severally responsible for the performance of
those duties and responsibilities which are —
(a) in
the circumstances described in section 47A(1), imposed on exploration
managers under this Act; or
(b)
imposed on persons referred to in subsection (2)(b) under this Act.
(6) A person who
contravenes subsection (2), (3) or (4) commits an offence.
[Section 47 amended by No. 16 of 2008
s. 19.]