Victorian Consolidated Legislation

Mines Act 1958 - SECT 413

Powers of Mining Inspector

413. Powers of Mining Inspector





(1) The Secretary may by instrument nominate-

   (a)  an officer in the Public Service to perform the duties of Chief Mining
        Inspector; and

   (b)  such number of officers in the Public Service as are necessary to
        perform the duties of inspectors of mines-

and may by instrument under his hand addressed to a person nominated under
paragraph (a) or paragraph (b) revoke the nomination and the Chief Mining
Inspector or an inspector of mines or any person authorized by the Minister in
that behalf may with such assistance as he thinks fit have access to and
inspect any mine or machinery at any time for the purpose of ascertaining
whether the provisions of this Act or the regulations are being complied with.

(2) The owner of such mine or machinery shall provide all labour and
assistance necessary for that purpose.

(3) Every person who fails neglects or refuses to comply with or offers any
impediment or obstruction to the carrying out of the provisions of this
section shall be guilty of an offence against this Division.

(4) Immediately upon any miner working in the mine making a complaint under
this Division to an inspector of mines it shall be the duty of such inspector
to make inquiry into the matter of such complaint and to take such other steps
as he may deem necessary to investigate the matter, and the name of the
informant shall not be divulged by the inspector.

(5) If in any respect an inspector finds any mine or part of a mine or any
matter thing omission or practice in or in connexion with any mine or with the
control management or direction thereof by the mining manager to be dangerous
or defective so as in the opinion of the inspector to threaten or tend to the
bodily injury of any person the inspector shall serve notice in writing
thereof on the owner or mining manager of the mine.

(6) The inspector shall state in the notice the particulars in which he
considers the mine or part thereof or matter thing omission or practice to be
dangerous or defective and in the notice shall require the same to be remedied
or, if the same cannot be remedied, require all miners to be withdrawn from
the mine or part; and, unless the same is forthwith remedied or the miners
withdrawn, he shall report the same to the Chief Mining Inspector.



(7) If the owner or mining manager of the mine objects to remedy the matter
complained of in the notice he may within five days after the receipt of the
notice send his objection in writing stating the grounds thereof to the Chief
Mining Inspector who may withdraw the notice or refer the matter to the
Minister to be determined.

(8) If the owner or mining manager to whom notice as aforesaid has been given
fails, when no objection is sent as aforesaid, to comply with the requisition
of the notice within five days after the expiration of the time for objection
or, when the matter has been determined by the Minister, to comply with the
order of the Minister within the time specified in the order, he shall be
guilty of an offence against this Act.

(9) Where a notice is served under this section, the owner or mine manager
shall comply with the notice, whether or not he has lodged an objection or an
appeal under this section.

Penalty: 1 penalty unit.

(9A) Subsection (9) ceases to apply upon an objection or an appeal under this
section being upheld.



(10) The Chief Mining Inspector and all other inspectors appointed under any
enactment repealed by this Act and holding office at the time of the
commencement of this Act shall be deemed to have been appointed under this
section.









Subdivision 9-Inquests