Victorian Consolidated Legislation

Mines Act 1958 - SECT 383

Regulations for safety etc. in mines

383. Regulations for safety etc. in mines



(1) The Governor in Council may in accordance with the provisions so far as
applicable of section ninety-three make regulations for or with respect to-



   (a)  securing safety health and convenience in mines and in the carrying
        out of all operations in or about mines and prohibiting the
        destruction or damage of, or unlawful interference with, mines or
        mining plant or fixtures (including abandoned mines, plant or
        fixtures) and the stealing or unlawful removal of such plant or
        fixtures or other property from such mines;

   (aa) the safety health and convenience of members of the public in relation
        to mines and the conduct of mining and the protection of the public
        from dust noise vibrations and other emissions from mines;

   (ab) the precautions to be taken for preventing damage to property in the
        vicinity of mines and the installation by the owner lessee or licensee
        of a mine or at his expense of monitoring equipment for the
        measurement of emissions from the mine;

   (ac) the precautions to be observed in the carrying out of operations under
        any lease licence claim or authority in connexion with a mine;

   (b)  the medical examination of underground workers in mines;

   (c)  the exclusion from mines of persons suffering from tuberculosis or any
        transmissible disease;

   (d)  the establishment notification and enforcement in any mine of special
        rules for the conduct and guidance of the persons acting in the
        management of such mine or employed in or about the mine as under the
        particular state and circumstances of such mine may appear best
        calculated to prevent accidents and to provide for the safety
        convenience and proper discipline of the persons employed in or about
        the mine;

   (da) prohibiting or regulating and controlling the storage transportation
        and use of explosives in mines;





   (db) the prescribing of fees for the conduct of examinations for permits to
        use explosives in mines the issue to fit and proper persons of permits
        to use explosives in mines the forms of the permits and the conditions
        to which they are to be subject the imposition and collection of fees
        for the permits and prohibiting persons from so using explosives
        without a permit;

   (dc) the issue to fit and proper persons of licences to store explosives in
        mines, the forms of the licences and the conditions to which they are
        to be subject, the amendment or alteration of the licences, the
        imposition and collection of fees for the licences and for their
        amendment or alteration, and prohibiting persons from so storing
        explosives without a licence;

   (dd) the issue to fit and proper persons of duplicate licences to store
        explosives in mines and the prescribing of fees for such issue;

   (de) the registering of appropriate places in mines as magazines for the
        storage of explosives, the forms of registration certificates, the
        conditions to which registration shall be subject, and the imposition
        and collection of fees for registration;

   (e)  any matter or thing which under this Act is required or permitted to
        be prescribed;

   (f)  the furnishing by any holder of land or other person of such returns
        statistics and particulars as may from time to time be required in
        regard to the nature quantity and value of minerals earth or substance
        raised treated or yielded from such land or the sea or any other water
        upon adjoining or appurtenant to such land or in regard to any other
        matter in relation to a mine;

   (fa) providing for the lodging of bonds or securities for the purposes of
        section 361A; and

   (g)  imposing any penalty not exceeding 50 penalty units for any offence
        against any regulation made under this section and in the case of a
        continuing offence a further daily penalty not exceeding 10 penalty
        units.



(2) Regulations under this section-

   (a)  may be general or may be restricted in operation to any part of
        Victoria or to any particular description of land or mode of mining or
        to any class or classes of mines or time place or circumstances;

   (b)  may confer powers or impose duties in connexion with the regulations
        on the Minister, the Chief Mining Inspector, inspectors of mines,
        officers of the Department of Minerals and Energy, owners of mines,
        mining managers or any other persons;

   (c)  may authorize the Minister-

   (i)  to exempt any mine or class or classes of mines from compliance with
        all or any of the regulations subject to such conditions (if any) as
        are prescribed and to such other conditions (if any) as are determined
        by him;

   (ii) to revoke any such exemption; and

   (iii) to require determine or dispense with any matter or thing;

   (d)  may incorporate or adopt by reference any standard formulated or
        published by any authority or body of persons as formulated or
        published on a particular date.

(3) Subsection (1)(da)(db)(dc)(dd) and (de) shall not apply to a mine-

   (a)  within the meaning of paragraph (ba); or



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of the interpretation of mine in section 369(1).