Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 108]
[Heading amended by No. 19 of 2010
s. 4.]
1 . Interpretation Act 1984 not restricted
Nothing in this
Schedule is to be construed so as to restrict the operation of the
Interpretation Act 1984.
2 . General transitional provision
(1) Except so far as
is inconsistent with this Act, all persons, things and circumstances
appointed, created or established under a repealed Act and having effect
immediately before the commencement of this Act, are to have the same status,
operation, and effect for the purposes of this Act.
(2) Without affecting
the generality of subclause (1), the commencement of this Act is not to
disturb the continuity of status, operation or effect of any agreement,
arbitration, direction, requisition, instruction, notice, appointment,
approval, authorised mine surveyor’s certificate, certificate of
competency, document, charge, fee, liability, obligation, proceeding, matter
or thing done, given, entered into, commenced, existing or acquired under a
repealed Act and having effect immediately before the commencement of this Act
unless or until the effect is altered under a provision of this Act.
3 . Act in substitution for repealed Acts
For the purposes of
section 16 of the Interpretation Act 1984 , it is declared that this
Act is in substitution for the repealed Acts.
A person who
immediately before the commencement of this Act was a workmen’s
inspector under a repealed Act continues as an employee’s inspector
under and for the purposes of this Act as if that person had been appointed
under this Act on the same terms and conditions for a term expiring
2 years after the commencement of this Act.
A person who
immediately before the commencement of this Act was an inspector (other than a
workmen’s inspector) under a repealed Act continues as an inspector
under and for the purposes of this Act as if appointed an inspector of the
same category and for the same purposes under this Act.
A person who was a
member of a Board of Examiners or the Mines Survey Board under a repealed Act
immediately before the commencement of this Act continues as a member of the
Board of Examiners or the Mines Survey Board, as the case may be, under and
for the purposes of this Act for a term expiring on the day on which the
appointment of the person would have expired under the repealed Act.
7 . Certificates of competency
(1) If, within
2 years after the commencement of this Act, the Board of Examiners is
satisfied that the holder of the certificate had adequate relevant experience
and a district inspector is satisfied that the holder of the certificate has
an adequate understanding of the relevant regulations relating to
metalliferous mining —
(a) an
open cut mine under manager’s certificate of competency issued under the
Coal Mines Regulation Act 1946 may be regarded and accepted in all
respects as if it were a quarry manager’s certificate of competency
issued under this Act; and
(b) a
deputy’s (open cut) certificate of competency issued under the Coal
Mines Regulation Act 1946 may be regarded and accepted in all respects as
if it were a restricted quarry manager’s certificate of competency
issued under this Act; and
(c) a
first class mine manager’s certificate of competency issued under the
Coal Mines Regulation Act 1946 may be regarded and accepted in all
respects as if it were a first class mine manager’s certificate of
competency issued under this Act; and
(d) a
second class mine manager’s certificate of competency issued under the
Coal Mines Regulation Act 1946 and held by the occupier of a management
position in an open cut coal mine may be regarded and accepted in all respects
as if it were a quarry manager’s certificate issued under this Act; and
(e) a
third class certificate of competency issued under the Coal Mines Regulation
Act 1946 and held by the occupier of a management position in an open cut
coal mine may be regarded and accepted in all respects as if it were a
restricted quarry manager’s certificate issued under this Act; and
(f) a
deputy’s (open cut) certificate of competency issued under the Coal
Mines Regulation Act 1946 and held by the occupier of a management
position in an open cut coal mine may be regarded and accepted in all respects
as if it were a restricted quarry manager’s certificate issued under
this Act; and
(g) a
third class certificate of competency issued under the Coal Mines Regulation
Act 1946 may be regarded and accepted in all respects as if it were an
underground supervisor’s certificate of competency issued under this
Act.
(2) A person who
immediately before the commencement of this Act holds a mine under
manager’s certificate of competency issued under the Coal Mines
Regulation Act 1946 may, within 2 years after the commencement of
this Act, sit the examination for a first class mine manager’s
certificate of competency under this Act if that person would not be qualified
to do so under the regulations.
An exemption granted
by the Governor under and in respect of a provision of a repealed Act
continues to have effect according to its substance as if it had been made
under section 8 in respect of an equivalent provision of this Act.
9 . Notification of principal employer
(1) This clause
applies to a mine that is being operated immediately before the commencement
of this Act.
(2) The name and
address of the principal employer at a mine to which this clause applies must
be provided in writing to the district inspector for the region where the mine
is situated within 3 months after the commencement of this Act.
(3)
Sections 32(3) and (4) apply, with appropriate changes, to this clause.
(4) If this clause is
contravened, the principal employer and the manager at the mine commit an
offence.
Penalty: in the case of a corporation,
$25 000 or, in the case of an individual, $5 000.
[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]
