MINES INSPECTION ACT 1901 - SECT 4 Definitions
This legislation has been repealed.
MINES INSPECTION ACT 1901 - SECT 4
Definitions4 Definitions
(1) In this Act, unless the subject matter or context otherwise indicates:
"blasting operations" means any of the following:(a) the firing of charges of explosives at or about a mine,(b) the storage, manufacture, handling, conveyance or use of explosives at or about a mine,(c) the supervision of an activity referred to in paragraph (a) or (b)."Board of Inquiry" means a Board of Inquiry constituted under section 47L.
"certificate of competency as production manager" means a certificate of competency as production manager granted by the Minister under section 7.
"certificate of competency as shotfirer" means a certificate of competency as shotfirer granted by the Minister under section 18G.
"certificate of service as production manager" means a certificate of service as production manager granted by the Minister under section 8.
"Check inspector" means a person appointed under the general rules, by the persons employed in a mine, to inspect the mine.
"Chief Inspector" means the Chief Inspector of Mines.
"dangerous incident" means an incident at a mine that has the potential to cause loss of life to a number of persons at the mine or in the vicinity of the mine.
"Department" means the Department of Mineral Resources.
"Director-General" means the Director-General of the Department.
"exercise" of a function includes the performance of a duty.
"function" includes a power, authority or duty.
"general manager" of a mine means the person nominated under section 5 as general manager of the mine.
"General rule" means general rule made or deemed to be made under section 56.
"Inspector" means inspector of mines, including electrical inspector of mines and inspector of mechanical engineering, appointed under the Public Sector Management Act 1988 , for the purposes of this Act, and includes the Chief Inspector of Mines, Deputy Chief Inspector of Mines and Senior Inspector of Mines.
"investigator" means a person appointed under Part 2 of the Public Sector Management Act 1988 and designated by the Director-General as an investigator for the purposes of this Act.
"Justice" means justice of the peace.
"mine" is defined in section 4A.
"machinery" means any device or item of plant, whether fixed or mobile, (however powered) that is used:(a) to do work at or about a mine, or(b) for the treatment of any product of a mine."mine safety officer" means a person appointed as a mine safety officer under Part 2 of the Public Sector Management Act 1988 .
"Owner" means person who is the immediate proprietor or lessee, or occupier of a mine, or of any part thereof, and does not include a person who merely receives a royalty, rent, or fine from a mine, or is merely the proprietor of a mine, subject to any lease, grant, or licence for the working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine; but any contractor, subcontractor or tributer for the working of a mine, or any part thereof, shall be subject to this Act in like manner as if the contractor, subcontractor or tributer were an owner, but so as not to exempt the owner from any liability.
"Metal" and "mineral" includes gold, sandstone, basalt, andesite, trachyte, porphyry, any substance which is for the time being a mineral within the meaning of the Mining Act 1992 or the Offshore Minerals Act 1999 and any other substance or rock used for commercial or industrial purposes or obtained for use by a council, or by a county council, within the meaning of the Local Government Act 1993 , but does not include coal or shale.
"Plan" and "sections" include correct copies or tracings of any original plan and sections.
"production manager" of a mine means a person who supervises the production operations at the mine.
"production manager's permit" means a production manager's permit granted by the Chief Inspector under section 5C.
"production operations" includes development works carried out for the purposes of production operations at a mine.
"Quarry" includes any place, open cut, or excavation wherein or whereby any operation is carried on above ground for or in connection with the purpose of obtaining any metal or mineral other than coal or shale and any place adjoining thereto on which any product of the quarry is stacked, stored or treated.
"registered mining surveyor" means a registered mining surveyor within the meaning of the Surveying Act 2002 .
"serious accident" means an accident that causes the death of, or serious injury to, a person:(a) at a mine, or(b) in the vicinity of a mine as the result of any operations at the mine."serious injury" means any of the following:(a) a fracture of the skull, jaw, spine, pelvis, arm, shoulder-blade, collar-bone, forearm, thigh, leg, knee-cap, ankle or ribs,(b) a dislocation of the shoulder, elbow, hip, knee or spine,(c) an amputation of the hand or foot or a substantial part of the hand or foot,(d) the loss of sight of an eye,(e) an internal haemorrhage requiring hospital treatment,(f) burns requiring hospital treatment,(g) asphyxia,(h) any other kind of injury prescribed by the general rules."Shaft" includes pit.
"Shale" means oil shale.
"shotfirer" means a person who is the holder of:(a) a certificate of competency as shotfirer, or(b) a shotfirer's permit,that is in force.
"shotfirer's permit" means a shotfirer's permit granted by an inspector under section 18J.
"treatment" means:(a) the crushing, grinding, classifying, reducing, smelting, concentrating, precipitating or separating of any product of a mine, or(b) any other process, or part of a process, for obtaining any metal or mineral from the product of a mine, or(c) the mixing of any product of a quarry with any substance so as to produce ready mix concrete or bitumen hot mix, or(d) the sorting, grading and preparation of recycled concrete, recycled brick, recycled bitumen, recycled stone or recycled rock to be blended with any product of a quarry."Warden" means warden referred to in or appointed under the Mining Act 1992 .