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This legislation has been repealed.

COAL MINES REGULATION ACT 1982


- As at 23 December 2006 
- Act 67 of 1982 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Act applies only to coal mines except where otherwise expressly enacted
   5.      Definitions
   6.      Act binds Crown

   PART 2 - ADMINISTRATION

           Division 1 - Departmental inspectors and mine safety officers

   7.      Appointment of inspectors
   8.      Qualifications of inspectors
   9.      Disclosure of financial interests by inspectors
   10.     Functions of inspectors
   11.     Absence of Chief Inspector and Deputy Chief Inspector of Coal Mines
   12.     Annual reports by inspectors
   12A.    Functions of mine safety officers

           Division 2 - Coal Mining Qualifications Board

   13.     Constitution of Board
   14.     Functions of Board
   15.     Examiners
   16.     Expenses of Board
   17.     Annual report
   18.     Provisions relating to members and procedure of Board

           Division 3 - Certificates of competency

   19.     Certificates that may be granted
   20.     Examinations and qualifications for certificates of competency
   21.     Holders of certain certificates may be appointed to other positions
   22.     Register
   23.     Rules
   24.     Regulations

           Division 4 - Suspension or cancellation of certificates of competency

   25.     Notice to show cause
   26.     Procedure following service of a notice to show cause
   27.     Hearing and determination by a court
   28.     Suspension of certificates pending hearing
   29.     Surrender of certificates
   30.     Restoration of certificates
   31.     Minister to give effect to court's recommendations

   PART 3 - MANAGEMENT OF MINES

           Division 1 - Management generally

   32.     Duties of owners
   33.     Officials, order of seniority of mining officials and appointments
   34.     Superintendents
   35.     Appointment of assistant superintendents
   36.     Managers
   37.     Functions of managers
   38.     Deputy managers
   39.     Under-managers in charge
   40.     Under-managers
   41.     Functions of under-managers in charge and under-managers
   42.     Deputies
   42A.    Senior examiners of open cut mines
   43.     Examiners of open cut mines
   44.     Mining surveyors, mine electrical engineers and mine mechanical engineers
   45.     Appointment, qualifications and duties of certain officials etc
   46.     Notification of appointment or nomination of certain officials and of changes in names etc

           Division 2 - Immediate supervision of working of mines

   47.     Definitions
   48.     Manager or other official to attend mine being worked
   48A.    Irregular attendance by manager
   49.     Working of mines where limited operations being undertaken
   50.     Under-manager in charge or acting under-manager in charge to be in attendance on each day on which a mine is worked
   51.     Person qualified to be an under-manager to be in charge on any shift

           Division 3 - Owner's instructions to mine officials and employees

   52.     Manager may require instructions to be confirmed in writing
   53.     Instructions to employees to be given through the manager
   54.     Certain instructions not to be executed unless confirmed
   55.     Instructions confirmed in writing to be preserved

           Division 4 - Delegation of functions by the manager of a mine

   56.     Manager may delegate functions
   57.     Instruments of delegation to be countersigned by delegate
   58.     Copies of instruments of delegation to be sent to the district inspector

   PART 4 - MINE INSPECTION AND SAFETY PROVISIONS

           Division 1 - Inspectors' and mine safety officers' powers of entry, inspection etc

   59.     Powers generally
   60.     Supplementary powers
   61.     Inspector or mine safety officer to inform mine management of exercise of certain powers
   61A.    Accident investigation reports
   62.     Offences

           Division 2 - Inspectors' powers where mine dangerous

   63.     Inspector may impose prohibitions or restrictions or direct evacuation or closure of mine
   63A.    Engineering inspector may act to preserve health or safety
   64.     Authorised persons may enter mine to carry out repairs etc
   65.     Objections to notices, directions etc
   66.     Prohibition etc to be complied with notwithstanding objection or appeal
   67.     Offence
   68.     Court orders

           Division 3 - Departmental officers' powers of entry

   69.     Authorised officers may enter mines for certain purposes
   70.     Obstruction etc of authorised officers

           Division 4 - Inspections on behalf of workers

   71.     Check inspectors
   72.     Election of check inspectors
   73.     Powers of check inspectors
   74.     Assistance to check inspectors
   75.     Reports by check inspectors
   76.     Reporting of dangers
   77.     District check inspectors
   78.     Election of district check inspectors
   79.     District check inspector may act as check inspector
   80.     Electrical check inspectors
   81.     Election of electrical check inspectors
   82.     Powers of electrical check inspectors
   83.     Reporting of dangers
   84.     Notification of election

           Division 5 - Notification of accidents and dangerous occurrences

   85.     Definitions
   86.     Notification of accidents
   87.     Notice of death following injury
   88.     Accidents involving persons not employed by the owner of a mine
   89.     Notification of dangerous occurrences
   90.     Place of accident or occurrence not to be disturbed
   91.     Inspectors to visit mine and report as soon as practicable
   92.     Location and nature of accidents to be recorded

           Division 6 - Investigation of accidents and dangerous occurrences

   93.     Definitions
   93A.    Determinations as to investigations
   93B.    Investigations by inspectors
   93C.    Functions of investigators
   93D.    Reports by investigators
   93E.    Other persons who may be investigators
   94.     Minister may require special reports
   94A.    Boards of Inquiry
   94B.    Witnesses and evidence at special inquiries
   94C.    Additional functions of Boards of Inquiry
   94D.    Report by Board of Inquiry
   94E.    No appeals against exercise of functions by Boards of Inquiry
   95.     Minister may direct the court to hold a formal investigation
   96.     Powers of court
   97.     Witnesses' expenses
   98.     Report to Minister
   99.     Costs of investigations or special inquiries
   100.    Offences

           Division 7 - Rules and schemes

   101.    Transport rules
   102.    Support rules
   103.    Schemes for the testing of electrical or mechanical apparatus
   104.    Other rules or schemes
   105.    Copies of rules and schemes to be sent to the district inspector
   106.    District inspector may require changes to rules and schemes
   107.    Appeal to Chief Inspector
   108.    Appeal to court (support rules)
   108A.   Delegations by rules or a scheme
   109.    Manager to comply with notice
   110.    Date of effect of rules or schemes
   111.    Copies of rules and schemes to be available
   112.    Officials and other persons to comply with rules and schemes
   113.    Form of rules or schemes

           Division 8 - Training rules

   113A.   Definition
   114.    Manager of mine to ensure that employees undertake training
   115.    Making of training rules
   116.    Appeal to court
   117.    Copy of training schemes to be sent to the district inspector
   118.    Copy of training rules to be sent to the district inspector
   119.    Training certificates
   120.    Employees to comply with training rules

           Division 9 - Closing of shafts and outlets in abandoned mines

   121.    Closing of shafts and outlets
   122.    Obstruction of owner of mine
   123.    Certain unenclosed shafts or outlets to be public nuisances
   124.    Owners of land on which abandoned mines are situated may be required to close shafts and outlets

           Division 10 - Control of emplacement areas

   125.    Definitions
   126.    Establishment of emplacement areas
   127.    Discontinuance of use of emplacement areas
   128.    Emplacement areas in use at the commencement of this Division
   129.    Construction and use of emplacement areas
   130.    Tipping rules
   131.    Appeal to court against Minister's decision
   132.    Objections to Chief Inspector against inspector's requirements
   133.    Date of effect of decisions etc

   PART 5 - OPERATION OF MINES

           Division 1 - Notice of operations etc

   134.    Notice of commencement, discontinuance etc of operations
   135.    Drilling of boreholes
   136.    Cores and samples
   137.    Backfilling or sealing of boreholes

           Division 2 - Methods or systems of working mines

   138.    Bord and pillar system to be used in underground mines
   139.    Barriers and protective pillars
   140.    Seams liable to spontaneous combustion
   141.    Methane drainage system

           Division 3 - Prospecting operations

   142.    Definitions
   143.    Notification of commencement of drilling operations
   144.    Supervisors of prospecting areas
   145.    Application of the provisions of this Act or the regulations to prospecting areas

   PART 5A - DECLARED COAL PREPARATION PLANTS

   145A.   Definitions
   145B.   Declared plant
   145C.   Instructions relating to safety and health
   145D.   Duties of owner of declared plant
   145E.   Plant manager
   145F.   Functions of plant manager
   145G.   Plant manager or acting manager to attend plant each working day
   145H.   Irregular attendance by plant manager
   145I.   Supervision and inspection of plant
   145J.   Suspension of employee by plant manager
   145K.   Notice of commencement, discontinuance etc of operation of plant
   145L.   Disused and abandoned plants
   145M.   Application of certain provisions of Part 4
   145N.   Rules and schemes

   PART 6 - REGULATION OF TOURIST AND EDUCATIONAL ACTIVITIES IN MINES

   146.    Definitions
   147.    Tourist activities in mines or use of mines for educational purposes not allowed without a permit
   148.    Issue of tourist and educational permits
   149.    Revocation or variation of permits

   PART 7 - LEGAL PROVISIONS

           Division 1 - Court of Coal Mines Regulation

   150.    Constitution of a Court of Coal Mines Regulation
   151.    Assessors
   152.    Jurisdiction of court
   153.    Proceedings of court
   154.    Appeals from court
   155.    Rules of court

           Division 2 - Offences and proceedings for offences

   156.    Where proceedings taken
   157.    Time for taking proceedings
   158.    Continuing offences
   159.    Evidence
   160.    Offences against Act
   161.    Liability of owners etc where offence committed
   162.    Liability of directors etc of corporations
   163.    Aiding, abetting etc
   164.    Defences
   165.    Proceedings by owners etc--advice of result
   166.    Penalties

   PART 8 - GENERAL

   167.    Delegation of functions by the Minister or the Chief Inspector
   167A.   Delegation of functions by Director-General
   167B.   Exercise of inspector's powers under Occupational Health and Safety Act 2000
   168.    Hours of working of mine employees
   168A.   Protection of employees
   169.    Service of notices
   170.    Appointments to be in writing
   171.    Records, returns and information
   172.    Continuation of appointments etc made by owners or officials of mines
   173.    Finance
   174.    Regulations
   175.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3


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