Victorian Consolidated Legislation

Mines Act 1958 - SECT 369

Definitions

369. Definitions



(1) In this Division unless inconsistent with the context or subject-matter-





* * * * *



* * * * *

legal practitioner means an Australian legal practitioner within the meaning
of the Legal Profession Act 2004;



mine means-

* * * * *

   (b)  any tunnel under construction;

   (ba) any trench under construction where the excavated depth is more than
        1·5 metres;

   (c)  any shaft under construction where the excavated depth is more than 2
        metres; and

* * * * * together with any plant and treated or untreated minerals or earth
but does not include a bore to which the Water Act 1989 applies or a quarry
within the meaning of the Extractive Industries Act 1966 or a trench or shaft
on a building construction site;

mineral or minerals has the meaning assigned in section three of this Act;

mining or mining operations includes all activities conducted for one or more
of the following purposes, namely-

* * * * *

* * * * *

* * * * *

   (d)  constructing a tunnel;

   (e)  constructing a trench the excavated depth of which is more than 1·5
        metres;

   (f)  constructing a shaft the excavated depth of which is more than 2
        metres;

* * * * *

mining manager means the person having the management of the mining operations
carried on in a mine;

owner-

* * * * *

   (b)  in relation to a mine or any part of a mine, means a person or body of
        persons corporate or unincorporate who or which is the proprietor of
        the mine and includes any contractor who is in occupation of the mine
        or part of the mine;

plant means all buildings structures works and machinery, whether fixed or
mobile, and all treatment installations directly associated with any mine and
all other equipment or works used or located in or about and associated with
any mine;

shaft means any vertical or inclined way or opening from the surface downwards
or from any underground working the dimensions of which (excluding the
perimeter) are less than its depth and includes all works and plant associated
with the construction of such way or opening;

trench means any horizontal or inclined way or opening commencing at and
extending below the surface of the ground and open to the surface along its
length, the length of which is not less than its depth and the width of which
is less than its length and used or to be used for the laying of a pipe or
cable and includes all works and plant associated with the construction of
such way or opening;

tunnel means any underground passage or opening in an approximate horizontal
plane and which begins at the surface or from an excavation and includes all
works and plant associated with the construction of such passage or opening;

* * * * *









(2) The provisions of this Division (other than subsection (2)), do not apply
to or with respect to-

   (a)  any excavation being made for use as the footings or foundations of a
        post, pole, fence, pile-driving works or other structure, where it is
        unlikely that any person will enter the excavation for the purposes of
        making it;

   (b)  any excavation being a trench as defined in subsection (1) (not being
        an excavation being made primarily for the purposes of prospecting for
        or obtaining minerals) being made for use for or for the purposes of
        carrying out-

   (i)  works for the irrigation of land; or

   (ii) works for the alteration, reconstruction, repair or demolition of a
        road;

   (c)  any excavation (not being an excavation being made primarily for the
        purposes of prospecting for or obtaining minerals) being made for use
        for or for the purposes of carrying out works for the placing in
        position, creation, construction, alteration or improvement of a
        light, beacon, marker, harbour, dock, wharf, jetty, pier, breakwater,
        river or lake for the purposes of navigation;

   (d)  any excavation (not being an excavation being made primarily for the
        purpose of prospecting for or obtaining minerals) being made for the
        purposes of reducing the likelihood of or preventing injury to persons
        or damage to property (including an excavation being made for the
        purpose of works of under-pinning of a building or structure), where
        the danger of injury to persons or damage to property is imminent;

   (e)  any excavation being made for use as a place of burial or interment of
        the dead;

   (f)  any excavation (not being an excavation being made primarily for the
        purpose of prospecting for or obtaining minerals) being made by-

   (i)  a public statutory corporation;

   (ii) an officer or employé of a public statutory corporation; or

   (iii) the person performing work for a public statutory corporation- in
        exercise or performance of a power or authority conferred or a duty
        imposed by the Marine Act 1988, the Port of Melbourne Authority Act
        1958, the Port of Geelong Authority Act 1958 or the Port of Portland
        Authority Act 1958.

(3) The Minister may by Order published in the Government Gazette exempt a
mine within the meaning of paragraph (b), (ba), or (c) of the interpretation
of mine in subsection (1) from the application of any of the provisions of
this Division specified in the Order and so long as the Order remains in force
the provision or provisions so specified shall not apply to that mine.

(4) An Order under this section-

   (a)  may be expressed to apply to a particular mine or to the mines
        included in a class of mines;

   (b)  may specify the period during which the Order shall remain in force;
        and

   (c)  may be made subject to such conditions as are specified in the Order.

(5) The Minister may by Order published in the Government Gazette revoke or
vary an Order made under subsection (3).

(6) Where an order under this section is made subject to conditions the
manager of a mine to which the Order applies shall comply with those
conditions.

(7) A reference in this Division to a mine includes a part of a mine.



(8) A reference in the interpretation of mine in subsection (1)-

   (a)  in paragraph (b) to a tunnel; or

   (b)  in paragraph (c) to a shaft-

is a reference to a tunnel or shaft being constructed for any purpose
whatsoever.