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COAL MINES REGULATION ACT 1982 - As at 23 December 2006 - Act 67 of 1982

- As at 23 December 2006 - Act 67 of 1982

Table of Provisions

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 (Repealed)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

Division 2 - Coal Mining Qualifications 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

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

PART 4 - MINE INSPECTION AND SAFETY PROVISIONS

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

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

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

Division 7 - Rules and schemes

Division 8 - Training rules

Division 9 - Closing of shafts and outlets in abandoned mines

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

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

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

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

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