This legislation has been repealed.
- 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 (Repealed) 4.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