New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) The Governor may make such rules (referred to in this Act as "special rules") for the conduct and guidance of the persons acting in the management of any mine or employed in or about the mine as, under the particular state and circumstances of such mine, may appear best calculated to prevent serious accidents or dangerous incidents, and to provide for the safety, convenience, and proper discipline of the persons employed in or about the mine.
(1A) A provision of a special rule may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.
(2) All special rules shall be observed in and about the mine to which they refer (including any extension thereof) in the same manner as if they were enacted in this Act.
(3) If any person who is bound to observe the special rules for any mine acts in contravention of or fails to comply with any of them, the person shall be guilty of an offence against this Act, and also:(a) the owner of the mine shall be guilty of an offence against this Act, unless the owner proves that he or she had taken all reasonable means, by publishing and to the best of his or her power enforcing the rules as regulations for the working of the mine, so as to prevent such contravention or non-compliance, and(b) the general manager of the mine shall be guilty of an offence against this Act, unless the general manager proves that he or she had taken all reasonable means, by publishing and to the best of his or her power enforcing the rules as regulations for the working of the mine, so as to prevent such contravention or non-compliance, and(c) if the offence relates to the production operations at the mine-the production manager is guilty of an offence against this Act unless the production manager proves that he or she had taken all reasonable means, by enforcing the rules as regulations for the working of the mine to the best of his or her power, so as to prevent such contravention or non-compliance.
(4) Any special rules in force immediately before the commencement of the Mines Inspection (Amendment) Act 1967 :(a) shall continue in force notwithstanding any amendments made by that Act,(b) shall be deemed to have been made by the Governor under this section as amended by that Act, and(c) may be amended, substituted or repealed by the Governor under this section, as so amended.