COAL MINES REGULATION ACT 1982 - As at 23 December 2006 - Act 67 of 1982
- As at 23 December 2006 - Act 67 of 1982Table 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 (Repealed)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
- 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