Coal Mines Regulation Act 1896 (NSW)
No. XII.
A n Act to m a k e be t t e r provision for t he Regu la t ion of Coal Mines and Collieries, and for o ther purposes connected there
with. [22nd September, 1896.]
WH E R E A S it is expedien t to other Mines : Be it therefore enacted by the Queen ' s Mos t Exce l l en t
m a k e be t te r provision for t he regu
la t ion a n d inspection of Coal Wines a n d Collieries a n d cer ta in
Majesty , by and "with t he advice and consent of t he Legis la t ive Counci l and Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled, a n d by the au tho r i t y of t h e same, as follows :—
1. (i) This Act shal l come into operat ion on t h e first day of October, one thousand
e igh t h u n d r e d
and ninety-s ix
(which da te
is in th i s Ac t referred to as t he commencemen t of th is A c t ) , and m a y
be cited as t he " C o a l Mines R e g u l a t i o n Act , 1896 ." (II) This A c t shall apply to mines of coal and mines of shale.
P A R T I .
1. Certificated Managers, Tinder-Managers, and Engine-Drivers.
2. (I) E v e r y mine shall be unde r a manager , who shal l be responsible for t he control , m a n a g e m e n t , and direct ion of t he mine , and t h e owner or agen t of every such m i n e shall nomina te himself or some other person to be t h e m a n a g e r of such mine , and shall send wr i t t en
notice
to t he inspector of the distr ict of t he m a n a g e r ' s n a m e and address .
(II) A person shall no t be qualified to be a m a n a g e r of a
m i n e unless he is for t h e t ime be ing registered as t he holder of a
first-class certificate of competency or a certificate of service as m a n a g e r
unde r th is Act , or under t h e Imper i a l Ac t fifty and fifty-one Victor ia , chap te r fifty-eight, or any Ac t the reby repealed. (III) If after t h e commencemen t of this A c t any mine is worked for more t h a n four teen days w i thou t t he r e be ing such a manage r for t he mine as is required by th i s section, t h e owner or agen t of t he mine shall be l iable to a fine not exceeding fifty pounds, and to a fu r the r fine not exceeding five pounds for every day du r ing
(a) the owner or agent of the mine shall not be liable to any such fine if he proves t ha t he had t aken all reasonable means by t h e enforcement of th is section to prevent t he mine be ing worked in cont ravent ion of this sec t ion; (b)
if for any reasonable cause there is for the time being no manage r of a m i n e qualified as required by th is section, the owner or agent of the m i n e may appoin t any competent person not ho ld ing a certificate unde r this Ac t to be manager , for a period not exceeding two mon ths or such longer period as m a y elapse before such person has an oppor tuni ty in the distr ict where in the mine is s i tuate of obta in ing by examina t ion a certificate under this Act , and shal l send to t he inspector of the district a wr i t t en not ice of t he manager ' s n a m e and address, and of the reason for his appo in tment . (IV)
which the mine is so w o r k e d ; provided t h a t —
(IV) I n t h e case of a mine in which not more t h a n twenty persons are employed i t shall he sufficient for t he manage r to hold a permi t from an inspector ; such pe rmi t shal l r emain in force for twelve; mon ths , b u t m a y be renewed a t the option of t he inspector.
3 . (I) I n every mine required by this A c t to be unde r t h e control of a certificated manager , daily personal supervision shal l be exercised e i ther by the manage r or by an under -manager , nomina ted iii wr i t ing by t h e owner or agen t of t he mine .
(II) Eve ry under -manager so nominated m u s t hold either a first-class or second-class certificate under this Act , or unde r the Impe r i a l Ac t fifty and fifty-one Victoria, chapter fifty-eight, or any A c t thereby repealed, or a certificate of service under section, eight of This Act, or u n d e r any of the1 s:iid Imper ia l Acts , and shall, in the absence of t h e manager , have t he same responsibil i ty and be subject to the same liabilities as the manager under this A c t ; b u t t he nomina tion of an under -manager shall not- affect the personal responsibil i ty of
| t he | manager u n d e r | th i s | Act . |
4. A contrac tor for ge t t ing minera l in a n y mine , or person
employed by such a contractor , is not eligible for the post of manage r
| or unde r -manager of t h a t mine u n d e r this | Act . |
5. (I) There shall be two descriptions of certificates of com petency unde r this Ac t—(1) first-class certificates, t h a t is to say, certificates of fitness to be m a n a g e r ; and (2) second-class certificates, that is to say, certificates of fitness to be unde r -manage r ; b u t no person shall be ent i t led to a certificate of competency under th i s A c t unless he shall have had pract ical experience in a mine for a t least five years.
(II) For t h e purpose of ascer ta ining the persons to receive certificates of competency for t he purposes of th i s Act , examiners shall be appoin ted by a Board consist ing of—
(a) three persons being owners or agents of mines in the Colony of N e w South Wales ; (b) three persons employed or who have been employed in or
abou t a n y m i n e in this Colony no t be ing owners, agents , or manage r s of a mine ; and
(c)
three persons practising as mining engineers or managers of mines in th is Colony ; and
(d)
OIK; inspector unde r th i s Act . ( I I I ) The m e m b e r s of the Board shall be appointed and may be
removed by the Minister , and shall hold office du r ing his pleasure .
(3. (I) The proceedings of t he Board shal l be in accordance
| wi th t h e rules contained in Schedule One to this Ac t . |
(II) The Board shall from t ime to t ime appoin t examiners , no t be ing members of t h e Board except w i t h t h e consent of t he Minister , to conduct t he examinat ion of appl icants for certificates of competency u n d e r th i s Ac t , and may, from t ime to t ime , make , al ter , and revoke; rules as to the conduct of such examina t ions and the1 qualifications of t he appl icants , so, however , t h a t in every such examina t ion regard shall be; had to such knowledge as is necessary for the pract ica l work ing of mine's in N e w South Wales , and t h a t the examina t ion and qualifications of appl icants for second-class certificates shall be sui table for pract ical work ing miners .
(III) The Board shall m a k e , from t ime to tune , to the
| Minis te r | a report | of the i r proceedings , ami of such o ther ma t t e r s as |
the Minis ter m a y from time; to t ime require .
7. The Minis te r may from t ime to t ime make , al ter , and revoke rules as to t he places and t imes of examinat ions of appl icants for certificates of competency under this Act , t he n u m b e r and r emunera t ion of the examiners , a n d the fees to be paid by the appl icants , so t ha t the fees do not exceed those; specified in Schedule Two to this Act . Every such ru le shall be observed by the Board appoin ted unde r this Ac t .
8. (I) A certificate of service shal l be g ran ted by the Minis ter to every person who satisfies h im ei ther t h a t before the commencement of this A c t he was act ing, and has since t h a t day acted, or t ha t he has a t any t ime wi th in five years before the commencement of th i s A c t for a period of not less t h a n twelve m o n t h s acted in t he capaci ty of a n inspector or of a manage r of a mine or such par t of a mine as can unde r th i s A c t be made a separate mine for the purposes of this Ac t .
(II) A certificate of service shall he g ran ted by the Minis ter to every person who satisfies h im ei ther t h a t before the commencemen t of this Ac t he was exercising, and has since t h a t date exercised, or t h a t he has a t any t ime wi th in five years before t h e commencement of th is A c t for a period of not less t h a n twelve m o n t h s exercised, functions substant ia l ly corresponding to those of an unde r -manage r in a mine .
(III) Every such certificate of service shal l contain par t iculars
of t he name , place, and t ime of b i r th , and the l eng th and n a t u r e of t he previous service of the person to whom the same is delivered, and a certificate of service m a y be refused to any person who fails to give a full and satisfactory account of t he par t iculars aforesaid, or to pay such regis t ra t ion fee as t he Minis ter may direct , no t exceeding t h a t m e n t ioned in t he Second Schedule to th is Act .
(IV) A certificate of service g ran ted unde r this section to an inspector or a manage r shall have the same effect for the purposes of th is A c t as a first-class certificate of competency g ran ted unde r th i s A c t ; and a certificate of service granted unde r this section to an u n d e r - m a n a g e r shall have t he same effect for t he purposes of th i s A c t as a second-class certificate of competency gran ted unde r this Ac t .
(v) Before g r a n t i n g a certificate of service to a manage r or under -manager the Minis ter shall requi re the applicant to produce satisfactory evidence of his sobriety and general good conduct .
(VI) No certificate of service shall be g ran ted in t e rms of th is section unless it be proved by s ta tu tory declarat ion t h a t du r ing the twelve m o n t h s aforesaid the re has been an average of not less t h a n t h i r t y miners employed below ground unde r the control and supervision of the appl icant for t he said certificate.
(VII) A certificate of competency or of service granted u n d e r t he Impe r i a l Ac t fifty and fifty-one Victoria, chap te r fifty-eight, or unde r any A c t repealed thereby , or any other certificate of competency or service approved by the examiners , shall be equiva len t in all respects to a similar certificate g ran ted unde r this Act .9. (I) The Minis ter shall deliver to every appl icant who is duly reported by the examiners to have passed the examina t ion satis
factorily, and to have given satisfactory evidence of his sobriety,
exper ience, abil i ty, and general good conduct , such a certificate of competency as t he case requires . The certificate shall be in such form as the Minis ter from t i m e to t ime directs.(II) A regis ter of t he holders of certificates of competency or service unde r this Act and u n d e r any of t he Imper i a l Acts aforesaid wi th in t he Colony shall be kep t by such person and in such m a n n e r as t h e Minis te r from t ime to t ime directs.
10. If a t any t ime representa t ion is made to t he Minis ter by an inspector or otherwise t h a t any m a n a g e r or unde r -manager holding a certificate under this Act or unde r any Imper i a l Act is by reason of incompetency or gross negl igence, unfit, to discharge his duties , or has been convicted of an offence against this Act , the Minis ter may, if he t h i n k fit, cause inquiry to be made into the conduct of t he manage r or under -manager , and wi th respect to every such inqui ry t h e following provisions shall have effect :—
(I) The inquiry shall be publ ic , and shall be held at such place as
the Minis ter may appoint by such District Cour t J u d g e ,
Pol ice
Police Magis t ra te , or St ipendiary Magis t ra te , as m a y be directed by the Minis ter , and ei ther alone or wi th t h e assis t ance of any assessor or assessors named by the Minis ter ,
(II) The Minister shall, before t he commencemen t of the inqui ry ,
furnish to t he manage r or unde r -manage r a s t a t emen t of t he
case on which t h e inqui ry is ins t i tu ted ,
(III) Some person appointed by the Minis te r shall unde r t ake t h e
m a n a g e m e n t of the case.
(IV) The manage r or unde r -manage r may a t t end t h e inqui ry by himself, his counsel, solicitor, or agent , and may, if he t h i n k s
fit, be sworn and examined as an ordinary witness in the
case.
(v) The person or persons appointed to hold the inquiry in this section and in section eleven referred to as the Court , shal l , on t h e conclusion of t h e inqui ry , send to t he Minis te r a repor t con ta in ing a full s t a tement of the case, and the opinion of t he Cour t thereon, and such repor t of, or ex t rac ts
from t h e evidence, as t he Cour t may t h i n k fit.
(VI) The Cour t shall have power to cancel or suspend the certifi cate of t h e manager or unde r -manage r if it finds t ha t he is by reason of incompetency or gross negl igence, or of his hav ing been convicted of any offence agains t th i s Act , unfit to discharge his du ty .
(VII) The Cour t may, if it th inks fit, requi re a manage r or under- manage r to deliver u p his certificate, and if any manage r or unde r -manage r fails wi thout sufficient cause to the satisfaction of t he Court , to comply wi th such requisi t ion, he shall be l iable to a fine not exceeding one h u n d r e d pounds. The Cour t shal l hold a certificate so delivered unt i l t he conclusion of the invest igat ion, and shall t hen ei ther restore, cancel, or suspend t h e certificate according to i ts j u d g m e n t on the case,
(VIII) T h e Cour t shall have for t he purpose of t h e inqui ry , all t he powers of a Court of P e t t y Sessions, and all t he powers of an inspector unde r this Act .
(IX) T h e Cour t may also, by summons signed by the Court , r equ i re t he a t t endance of all such persons as it t h inks fit to s u m m o n and examine for the purpose of t he inqu i ry ; and every person so summoned shall be allowed such expenses as would be allowed to a witness a t t end ing on subpoma before the Supreme C o u r t ; and in case of dispute as to t he a m o u n tto be allowed, t h e same shal l be referred by t h e Court to the
Pro thonota ry who, on request signed by the Court , shall ascer tain and certify t h e proper a m o u n t of such expenses.
1 1 . (I) The Cour t m a y m a k e such order as i t t h i n k s fit respect ing
the costs a n d expenses of t he inqui ry , and such order shall , on t he appl icat ion of any p a r t y ent i t led to t he benefit thereof, be enforced by any St ipendiary or Police Magis t ra te or any two Jus t ices of t he Peace in P e t t y Sessions, as if such costs and expenses were a fine imposed
| by t h a t Cour t of P e t t y | Sessions. |
(II) The Minis te r may , if he th inks fit, pay to the person
| or persons cons t i tu t ing t he Court , inc luding any assessors, such | r e m u |
| nera t ion as he may appoint . |
(III) A n y costs and expenses ordered by the Court to be paid by t h e Minis te r , and any remunera t ion paid under this section, shall be paid out of moneys provided by Pa r l i amen t .
12. (I) W h e r e a certificate of a manage r or unde r -manage r is cancelled or suspended in pursuance of this Act , t he Minis ter shall cause t he cancel la t ion or suspension to be recorded in the register of holders of certificates.
( I I )
(II) The Minis te r m a y at any t ime , if it is shown to h i m to he j u s t so to do, renew or restore, on such t e rms as he t h inks fit, a n y certificate which has been cancelled or suspended in pur suance of th i s Ac t , and cause t h e renewal or res torat ion to be recorded in t h e register aforesaid.
13 . W h e n e v e r any person proves to the satisfaction of t h e
Minis ter t h a t he has , w i t h o u t fault on his par t , lost or been depr ived of any certificate granted to h im u n d e r th i s Ac t or u n d e r any I m p e r i a l Act , t he Minis te r shall, on p a y m e n t of such fee, if any, as he m a y direct , b u t not exceeding the fee specified in Schedule Two to th is Act , cause a copy of t h e certificate to which the appl icant appears by t he regis ter to be enti t led, to be made out and certified by the person who keeps t he register, and delivered to t h e a p p l i c a n t ; and any copy which pu rpo r t s to be so made and certified as aforesaid shal l have all t h e effect of t he original certificate.
14. (I) Al l expenses incurred by the Minis ter in ca r ry ing in to effect t h e provisions of this A c t wi th respect to certificates of com pe tency and service shall be defrayed out of moneys provided by Pa r l i amen t .
(II) Al l fees payable by the appl icants for examina t ion for
or for a copy of a certificate u n d e r this A c t shall be pa id in to t heTreasury as t he Colonial Treasurer m a y from t ime to t ime direct, and
be carried to the Consolidated R e v e n u e Fund . 15 . Every person who commits any of t h e following offences,
t h a t is to say—•
(I)
forges, or counterfei ts , or knowing ly makes any false s t a tement in any certificate of competency, or of service granted u n d e r th is Ac t or t h e I m p e r i a l A c t fifty a n d fifty-one Victor ia
chap te r fifty-eight, or any A c t repealed thereby, or a n y official copy of any such certificate ; or (II)
knowing ly u t t e r s or uses any such certificate or copy which has been forged or counterfei ted or contains any false state
m e n t ; or (III) for t h e purpose of ob ta in ing for himself or any o ther person
employment as a certificated manage r or under -manager , ort h e gran t , renewal, or res torat ion of any certificate unde r
th is Ac t or unde r a n y of t he said Imper i a l Acts , or a copy thereof, e i ther—
(a) makes or gives any declarat ion, representa t ion , s t a tement ,
or evidence which is false in any p a r t i c u l a r ; or
(b) knowing ly u t t e r s , produces , or makes use of any such
declarat ion, representat ion, s t a tement , or evidence, or any documen t con ta in ing the same,
shall be gui l ty of a misdemeanour , and be liable on convict ion to imprison - m e n t for a t e r m not exceeding two vears , w i th or w i thou t hard labour.
2. Inspect ion.
16. The persons who at the commencemen t of this A c t are
ac t ing as inspectors u n d e r the A c t hereby repealed shall con t inue toac t in t he same manne r , and general ly to be in t h e same position,
as if t h e y h a d been respect ively appointed u n d e r th is Act . 17. (I) The Minis te r m a y from t ime to t ime appoint duly
qualified persons to be inspectors (under whatever t i t le he m a y fromt i m e to t ime fix) of mines , and assign t h e m their dut ies , and m a y
award t h e m such salaries as he m a y t h i n k fit or Pa r l i amen t m a y approve, and m a y remove a n y such inspector.
(II) Xot ice of t he appo in tmen t of every such inspector
shal l be publ ished in the Gazette.
(III)
(III) Eve ry such inspector is referred to in th is A c t as a n
inspector, and t h e inspector of a district means t he inspector who is for the t ime being assigned to t h e distr ict or port ion of t he Colony with reference to which t h e t e r m is used.
Eve ry inspector unde r this A c t shall, after the commencemen t of this Ac t hold a first-class certificate of competency or service as hereinbefore provided in regard to managers , b u t for t h e purposes of this Act , service as an Inspec tor of Collieries will be equivalent to service' as manage r of a mine .
18. A n y person who pract ises or acts as or is a p a r t n e r of any person who practises or acts as a land agen t or min ing engineer , or as a manager , viewer, agent , or va luer of mines, or a rb i t ra tor in any difference ar is ing between owners, agents , or managers of mines , or is otherwise employed in or about any mine , or is a miner ' s agent or a mine-owner (whether t he mini; is one to which th is A c t applies or no t ) shall no t act as an inspector of mines unde r th i s Act , and no inspector shall be a pa r tne r or have any interest direct or indirect in any mine
| in | t he | dis t r ic t | u n d e r | his | charge . |
19. A n inspector under this Ac t shall have power to do all or
any of the following th ings , namely :—
(I) To m a k e such examinat ion and inqui ry as m a y b e necessary
to ascer tain whe the r the provisions of th is A c t re la t ing to m a t t e r s above ground or below ground are complied wi th in the ease of any mine,
(II) To enter, inspect, and examine any mine , and every par t
thereof, at all reasonable t imes by day and n ight , b u t so as
not to impede or obstruct the work ing of t he mine,
(III) To examine into and make inquiry respect ing the state; and condition of any mine or any p a r t thereof, and the; vent i la t ion of t h e mine , and the; sufficiency of t he special rule's for the t ime being in force in the; mine 1, and all ma t t e r s and th ings connected with or re la t ing to the safety of t he persons employed in or about the mine' or any mine cont iguous there to , or t he care and t r e a t m e n t of the horses and other an imals used in the mine ,
(IV) To exercise such o ther powers as may be necessary for ca r ry ing th is Ac t into effect.
Every person who wilfully obst ructs any inspector in the execut ion of his du ty under th is Act , and every owner, agent , and m a n a g e r e l ' a mine who refuses or neglects to furnish to the; inspector t he means necessary for m a k i n g any ent ry , inspection, examina t ion , or inqu i ry
| unde r th i s Act , in relat ion to the mine , shall be' gui l ty of an offence; against this Act . |
20. (I) If in any respect (which is no t provided agains t b y any express provision of this Ac t or by any special rule) any inspector finds any mine or any pa r t thereof, or any mat te r , t h ing , or prac t ice in or connected wi th any such mine', or wi th the control, m a n a g e m e n t , or direct ion thereof by the manage r to be dangerous or defective, so as in his o p t i o n to th rea t en or t end to the bodily in jury of any person, he; may give not ice in wr i t ing thereof to the owner, agent , or manage r of the mine , and shall s tate in the notice the par t icu lars in Whieh he; considers the mine or any part thereof, or any mat te r , thing - , or pract ice to be dangerous or defective, and require t he same> to be> remedied, and unless t he same be forthwith remedied shall also report
| t he same; to t he | Minis ter . |
(II) I f t h e owner, agent , or manager of t he mine objects to remedy the m a t t e r complained of in t h e notice he may , wi th in t e n days after receipt of t he notice, send his objection in wr i t ing , statin"; t h e grounds thereof to t he Minis ter , and the reupon the m a t t e r shal l
be
be de termined by a rb i t ra t ion in m a n n e r provided by this Act , a n d the
da te of t he receipt of t h e objection shal l be deemed to be the da te of the reference.
(III) If the owner, agen t , or manager fail, when no objection
is sent as aforesaid, t o comply wi th t h e requisi t ion of the notice wi th in t en days after t h e expirat ion of the t ime for objection, or when the re has been a n arbi t ra t ion to comply wi th t he award wi th in the t ime fixed by the award, he shall be gui l ty of an offence agains t this Act , and t h e not ice and award shal l respectively be deemed to be wr i t ten not ice of the offence : Provided tha t the Court , if satisfied t h a t t he owner, agent , or manage r has t a k e n act ive measures for comply ing wi th t he notice or award, b u t has not, wi th reasonable dil igence, been able to complete t he works , m a y adjourn any proceedings t aken before t h e m for pun i sh ing the offence, and, if the works are completed wi th in a reasonable t ime, no pena l ty shall be inflicted.
(IV) N o person shall be precluded by any ag reement from doing, or be liable unde r any con t rac t to any pena l ty or forfeiture for doing, such acts as may be necessary in order to comply wi th t he provisions of th is section.
2 1 . Eve ry inspector of a district under this Ac t shall m a k e an
a n n u a l repor t of his proceedings d u r i n g the preceding year to t h e
Minis ter , which report , w h e n embodied in the A n n u a l Repor t of the
D e p a r t m e n t of Mines , shall be laid before both Houses of Par l i ament . 22. W h e r e in any mine a n explosion or accident has caused loss of life or personal injury to any person, the Min is te r may a t any t ime direct a n inspector to m a k e a special repor t wi th respect to the explosion or accident .
23 . W h e r e it appears to t he Minis te r t h a t a formal invest igat ion
of a n y explosion or accident and of its causes and c i rcumstances is expedient , the Min i s te r may direct such invest igat ion to be held, and w i t h respect to any such invest igat ion t he following provisions shall
have ef fec t :—
(I) The Minis ter m a y appoint a competent person to hold t h einvest igat ion, and m a y appoint a n y person or persons possessing legal or special knowledge to ac t as assessor or assessors in holding the invest igat ion,
(II) The person or persons so appoin ted (hereinafter called t he
Court ) shall hold t he invest igat ion in open Court , in suchmanne r ami unde r such condit ions as t he Cour t may t h i n k
mos t effectual for ascer ta in ing the causes a n d c i rcumstances
of t he explosion or accident , and enab l ing t h e Court to m a k e the repor t in th i s section ment ioned.
(III)
The Cour t shall have for t h e purpose of t he invest igat ion all the powers of a Cour t of P e t t y Sessions w h e n ac t ing as a Cour t in hea r ing informat ions for offences aga ins t this Act , and all the powers of an inspector u n d e r th is Act , and in addi t ion t he following powers, namely :—
(a)
Power to en te r and inspect a n y place or bui ld ing, the en t ry or inspect ion whereof appears to the Cour t requis i te for t he
said purpose .
(b) Power , by s u m m o n s signed by t h e Court , to requi re t h e a t t endance of all such persons as i t t h i n k s fit to call before i t and examine for t h e said purpose , and for t h a t purpose to requi re answers or r e t u r n s to such inquiries as it t h inks fit to make .
(c)
Power to require the production of all books, papers, plans, and documents which it considers impor tan t for the said purpose.
(d)
(d) Power to administer an oath and require any person
examined to m a k e and sign a declarat ion of t he t r u t h of t h e s ta tements made by h im in his examinat ion .
(IV) Persons a t t end ing as witnesses before t he Court shall be allowed such expenses as would be al lowed to witnesses a t t end ing before t he Supreme C o u r t ; and in case of dispute as to t h e a m o u n t to be allowed, the same shall be referred by t h e Cour t to t he Pro thonota ry , who, on reques t signed by the Court , shall ascer ta in and certify the proper amoun t of flu; expenses.
(v) The Court holding an investigation under this section shall m a k e a repor t to the Minister , s ta t ing the causes of the explosion or accident and its c i rcumstances , and adding any observations which the Cour t t h inks r i gh t to make .
(VI) Ai l expenses incurred in and about an invest igat ion unde r th is section ( including the r emunera t ion of any person appointed to act as assessor) shal l be deemed to be pa r t of t h e expenses of t he Min is te r in t he execut ion of th is Act .
(VII) A n y person who wi thou t reasonable excuse (proof whereof shall lie on him) ei ther fails, after hav ing had the expenses (if any) to which he is ent i t led tendered to him, to comply with any summons or requisi t ion of a Cour t holding an invest iga t ion under this section, or prevents or impedes t h e Cour t in t he execut ion of its duty , shall for every such offence be liable to a fine not exceeding t en pounds , and in t h e case of a fai lure to comply wi th a requisi t ion for m a k i n g any r e t u r n or p roduc ing any document shall be liable to a fine not exceeding t en pounds for every day t h a t such failure- con t inues .2 1 . The Minis te r may cause any special report of an inspector
or any repor t of a Court , under this par t of th is Act , to be made publ ic
a t such t ime and in such m a n n e r as he may th ink fit.
Arbitration.
25. W i t h respect to arb i t ra t ions unde r this Act , t he folloAving
provisions shall have effect, and except where they are inconsis tent w i th the provisions of this A c t t he pro visions of the " Arb i t ra t ion Act ,
| 1892 , " shall | app ly to arbi t ra t ions unde r this | A c t : — |
(I) The part ies to the arb i t ra t ion are in th is section deemed to be t he owner, agent , or manage r of t h e mine on the one hand, and the inspector of mines (on behalf of the Minis te r ) on the other . (II)
E a c h of t h e part ies to the a rb i t ra t ion may , wi th in four teen
days after t h e date of t h e reference, appoint a n arbi t ra tor . (III)
E v e r y person who is appointed an arb i t ra tor unde r th is section shal l be a pract ical m i n i n g engineer or a person accustomed to the work ing of mines, and no person shall act as a rb i t ra tor or umpi re , unde r this Act , who is employed in,
or in t h e m a n a g e m e n t of, or is interested in the mine to which
the arb i t ra t ion relates. (IV)
The appo in tmen t of an arbi t ra tor unde r th i s section shall he in wr i t ing , and notice of t he a p p o i n t m e n t shall be for thwith sent to the o ther par ty to the arbi t rat ion, and shall not be
revoked wi thou t t he consent of t h a t p a r t y . (v) The death, removal, or other change in any of the parties to
t h e a rb i t ra t ion shall no t affect the proceedings unde r this section. (vi)
(VI) If w i th in t he said fourteen days ei ther of t he part ies fails to appoint an arbi t ra tor ,
t he arb i t ra tor
appointed
by the
other
pa r ty m a y proceed to hear and de te rmine the m a t t e r in difference, and in t h a t case the award of t he single a rb i t ra tor shal l be final.
(VII) If before a n award has been made any arbi t ra tor appointed by c i ther pa r ty dies or becomes incapable to act , or for seven days refuses or neglects to act , t he pa r ty by w h o m such arbi t ra tor was appoin ted may appoint some other person to act in his place, and if he fails to do so wi th in seven days after not ice in wr i t ing from t h e o ther par ty for t h a t purpose , t he r ema in ing a rb i t ra tor m a y proceed to hear and determine
t he m a t t e r in difference, and in t h a t case the award of the
single a rb i t ra tor shall be final.
( V I I I ) I n e i ther of t he foregoing cases Avhere an arb i t ra tor is empowered to ac t s ingly on one of the part ies failing to appoint , t he p a r t y so fai l ing may , before t he single a rb i t ra to r
has ac tua l ly proceeded in the arbi t ra t ion, appoint an arbi t ra tor , who shall t h e n act as if no fai lure had occurred.
(IX)
I f t he a rb i t ra tors fail to m a k e the i r award wi th in twenty-one days after t he day on which the last of t h e m was appointed, or wi th in such ex tended t ime (if any) as may have been appoin ted for t h a t purpose by both arbi t ra tors unde r the i r
hands , t h e m a t t e r in difference shall be de termined by the
u m p i r e appointed as hereinafter ment ioned. (x)
The arb i t ra tors , before t h e y enter on t he m a t t e r referred to
t h e m , shall appoint , by wr i t ing unde r the i r hands , an umpi re to decide on points on which they m a y differ. (XI) I f the ump i r e dies or becomes incapable of ac t ing before be has m a d e his award, or refuses to m a k e his award wi th in a reasonable t ime after t he m a t t e r has been b rough t wi th in his cognizance, t he persons or person who appointed such u m p i r e
shall fo r thwi th appoint ano the r u m p i r e in his place. (XII) If t he arb i t ra tors refuse or fail, or for s even days after the t he request of e i ther pa r ty neglec t to appoint an ump i r e , then , on t h e appl icat ion of e i ther par ty , an ump i r e shall be appointed by t h e Minis ter , and such umpire; shall be; a Dis t r ic t Cour t J u d g e or a Chai rman of t h e Genera l or
Qua r t e r Sessions of the; Peace wi th in the; jur isdic t ion of
which t h e m i n e or any shaft of the mine is situate 1. (XIII) The decision of every umpire; on t he ma t t e r s referred to h i m shal l be final.
(x iv) I f a single a rb i t ra to r fails to m a k e his award wi th in t w e n t y - one days after t h e day on which he; was appointed, t he pa r ty who appointed h im may appoint another a rb i t ra tor to act in his place.
(xv) Ar r angemen t s shall , whenever pract icable , be m a d e for t he
m a t t e r in elifference be ing heard a t t h e same t ime before t h e
arb i t ra tors and the u m p i r e .
(XVI) The arbi t ra tors and the umpi re , or any of them, m a y examine t h e part ies and the i r witnesses on oath , and may also consul t any counsel, engine'er, or scientific person whom they m a y
t h i n k i t expedient to consult . (XVII)
The paymen t , if any, to be made to any arb i t ra tor or ump i r e for his sendees shall be fixed by t h e Minister , and, together w i t h t h e costs of t he a rb i t ra t ion a n d award, shall be paid by t h e par t ies , or one of t hem, according as the award m a y direct . Such costs m a y be t axed by the Pro thonota ry , who,
on t he wr i t t en appl icat ion of e i ther of t he part ies, shall
ascer tain
ascer ta in and cer t i ty the proper a m o u n t thereof. The amoun t , if any, payable by the Minis ter shall be paid as p a r t of t he expenses of inspectors unde r this Ac t . Tin; a m o u n t , if any, payable by the owner, agent , or manager , may, in t he event of non-payment , be recovered in t he same m a n n e r as fines
u n d e r th is Act . 3. Coroners.
20. W i t h respect to coroners ' inques ts on t he bodies of persons whose death m a y have been caused by explosions or accidents in or abou t mines, t he fol lowing provisions shall have effect :—
(I) W h e r e a coroner holds an inques t on t h e body of a n y person whose dea th may have been caused by any explosion or accident , of which not ice is requi red by th is Ac t to be given to t h e inspector of t he district, t h e coroner shall adjourn the inques t , unless an inspector, or some person on behalf of the Minis ter , is present to watch the proceedings,
(II) The coroner, at least four days before hold ing the adjourned inquest , shal l send to the inspector for tin; dis tr ict not ice in wr i t i ng of t he t ime and place of holding the adjourned inquest .
(III) The coroner, before the ad journment , may t ake evidence to identify the body, and may order t he i n t e rmen t thereof.
(IV) If an explosion or accident has not occasioned the death of more t han one person, and the coroner has sent to t he inspect fir of the dis t r ic t notice of t he t ime and place of ho ld ing the inques t a t such t ime as to reach the inspector not less t han twenty-four hours before t he t ime of ho ld ing the same, it shall no t be impera t ive on h i m to adjourn t he inques t in pursuance of this section if the major i ty of t he
j u r y t h i n k it unnecessary so to ad journ .
(v) An inspector shall he at liberty at any such inquest to examine any witness, subject nevertheless to t h e order of
t he coroner.
(VII) W h e r e evidence is given a t an inquest a t which an inspector is no t present of any neglect as hav ing caused or cont r ibu ted to the explosion or accident , or of any defect in or about the mine appear ing to the coroner or j u r y to require a remedy, the coroner shal l send to the inspector of t he district notice in wr i t ing of such neglect o r defect,
(VII) A n y person hav ing a personal interest in, or employed in, or in t he m a n a g e m e n t of tin- mine in which the explosion or accident occurred shall not be qualified to serve on t h e j u r y empannel led on the i n q u e s t ; and it shall be the du ty of the constable or o ther officer not to s u m m o n any person dis qualified unde r this provision, a n d it shall be t he du ty of the coroner not to allow any such person to be sworn or to sit on
t h e j u r y .
(VIII) A n y relat ive of any person whose dea th m a y have been caused by t h e explosion or accident with respect to which the inques t is be ing held, and the owner, agen t , or m a n a g e r of t he mine in which the explosion or accident occurred, a n d any person appointed by the order in wr i t ing of t he major i ty of the workmen employed at the said mine , shall be a t l iberty to a t t end and examine any witness, e i ther in person or by his counsel , solicitor, or agen t .
| E v e r y person who fails to comply wi th t he provisions of th is | section |
| shall be gui l ty of an offence against this Act . | . |
4. Returns, Plan, Notices, and Abandonment. 27. (I) On or before the twenty-first day of J a n u a r y in every year t h e owner, agent , or m a n a g e r of every mine shall send to t h e inspector of t h e distr ict on behalf of t he Minis ter a correct r e t u r n , specifying, wi th respect to t he year end ing on the preceding th i r ty - first day of December , the par t i cu la rs contained in t he form in Schedule Three to th is Act , or in such o ther form as may from t ime to t ime be prescribed in lieu of t ha t form by the Min is te r : Provided t h a t in t h e case of any mine which is not requi red by this Act to be unde r t h e control of a certificated manager , a r e tu rn shall not be requi red of t h e par t iculars contained in P a r t B of t he said form, unless or un t i l t he Minis ter o therwise prescribes.
(II) Forms for t he purpose of the r e tu rns required by th is
section shall from t ime to t ime , on applicat ion, be furnished by the
inspector on behalf of t he Minis ter .
(III) The Minis te r may publ ish t he aggrega te results of
the r e tu rns made u n d e r th is section wi th respect to t he whole Colony
or any par t i cu la r inspector 's distr ict , or any large port ion of an inspector ' s distr ict , and so m u c h of any individual r e t u r n as does no t
re la te to the quan t i t y of minera l got ten or w r o u g h t ; b u t t he port ion of any individual r e t u r n re la t ing to the quan t i t y of minera l go t ten or wrough t shall no t be publ ished wi thou t t he consent of t he person m a k i n g t h e r e tu rn , or of the owner of the mine to which i t relates ; and no person except an inspector, or t h e Minister , or t he U n d e r Secretary shall be ent i t led , wi thou t such consent , to sec such port ion as aforesaid
of a n y individual r e tu rn . (IV) E v e r y owner, agent , or manage r of a mine who fails to
comply wi th th is section or makes any r e t u r n which is to his knowledge
false in a n y par t i cu la r shall be gui l ty of an offence against th is Ac t .
28. (I) The owner, agent , or manage r of every mine shall keep in t he office a t t he mine an accura te p lan of the workings of t he mine , showing the workings u p to a date no t more t h a n three m o n t h s previously, and the general direction and rate of dip of the s t ra ta , toge ther wi th a section of the s t ra ta s u n k t h r o u g h , or if t h a t be no t reasonably pract icable , a s t a tement of t h e dep th of t he shaft, w i t h a section of t he scam, and in addi t ion to t he above-mentioned p lan the re shall also be provided a t rac ing of a surface p lan on the same scale showing thereon all streets, roads, bui ldings, creeks, r ivers, bays , swamps, navigable waters , and l imits of any t idal waters wi th in t h e
request a t any t ime of an inspector unde r th i s Act , produce to h im a t said boundary . (II) The owner, agent , or manage r of t he mine shall , on t h e office a t t he mine such p lan and section, and shal l also on t h e l ike reques t m a r k on such p l an and section t h e t h e n state of t he workings of t h e m i n e ; and the inspector shall be ent i t led to examine the p lan and section, and for official purposes only to m a k e a copy of any pa r t
thereof respect ively. (III) If t he owner, agent , or manage r of any mine fails to keep, or wilfully refuses to produce or allow to be examined, the p lan a n d section aforesaid, or wilfully wi thholds any port ion thereof, or wilfully refuses on request to m a r k thereon the s ta te of t h e work ings of t he mine , or conceals any par t of those workings , or produces an imperfect or inaccura te p lan or section, he shall (unless he shows t h a t he was ignoran t of t he concealment , imperfection, or inaccuracy) be gui l ty of a n offence aga ins t this A c t ; a n d further , t he inspector m a y by notice in wr i t ing (whether a pena l ty for the offence has or has not been inflicted) requi re the owner, agent , or manage r to cause a n accura te p lan and section, showing the par t iculars hereinbefore required,
to
to be made wi th in a reasonable t ime at the expense of t he owner of the mine . E v e r y such p lan m u s t be on a seale of not less t h a n two
| chains to t h e inch, or on the same scale as t he p lan for t he t ime | being |
| in use a t t he mine . |
(IV) If t he owner, agent , or manage r fails Avithin t w e n t y days after t h e requis i t ion of the inspector, or wi th in such fur ther t i m e as m a y be al lowed by the Minister , to cause such plan and section to be made as hereby required, he shal l be gui l ty of an offence against
| th i s | Ac t . |
(v) Eve ry copy as aforesaid shall be deposited in the pr incipal office of t he D e p a r t m e n t of Mines and Agr icu l tu re , and, except as evidence in a Court , no copy thereof shall be furnished nor information in re la t ion there to g iven ; b u t if, on t he complaint of any owner or lessee of t he surface, or t he accredited officer of any munic ipa l i ty , t ha t his or their r ights or interests may be affected by the work ing of t he mine , t h e Minis te r th inks fit so to direct, the inspector shall furnish a t rac ing of such par t of t he workings as are si tuated unde r t he surface in respect of which compla in t has been made .
(VI) If any officer shall furnish any copy, t racing, or information, or shall allow any person to inspect any such p lan or t rac ing , unless directed by t h e Minis ter as aforesaid, he shall be gui l ty of a n offence agains t this Act .
20. W h e r e in or about any mine , whe the r above or below
| ground, | e i ther— |
(I) loss of life or any personal in jury whatever to any person employed in or about the mine occurs b y reason of any explosion of gas, or of any explosive, or of any s team boi ler ; or loss of life or any serious personal injury to any person employed in or about t he mine occurs by reason of any accident whatever , the owner, agent , or manage r of t h e mine shall , within twenty-four hours n e x t after t he explosion or accident , send notice in wr i t ing of t h e explosion or accident and of the loss of life or personal injury occasioned thereby to the inspector of the district on behalf of t h e Minister , and shall specify in the notice t he charac ter of the explosion or accident, and the n u m b e r of persons killed or injured respect ive ly ;
(IT) where loss of life or serious personal injury has immedia te ly resul ted from an explosion or accident, the place where t h e explosion or accident occurred shall beleft as it was immedia te ly
th ree days after t he sending of such notice as aforesaid of such after t he explosion or accident , un t i l the expira t ion of a t least explosion or accident, or u n t i l t h e visit of t he place by an inspector , whichever first happens , unless compliance wi th th i s enac tmen t would t end to inerea.se or cont inue a danger , or would impede the work ing of t he m i n e ;
(III) where any personal injury, of which notice is required to be sent unde r this section, results in t he dea th of the person in jured, notice in wr i t ing of t he death shall he sent to t h e inspector of the distr ict on behalf of the Minis ter within twen ty- four hours after such dea th comes to the knowledge
of t he owner, agent , or m a n a g e r ;
every owner, agent , or manage r who fails to act in compliance with this
section shall be gui l ty of an of Fence agains t this Act .
30. I n any of t he following cases, n a m e l y : —
(I) W h e r e any work ing is commenced for the purpose of opening
a new shaft for or a seam of any mine ,(II) "Where a shaft or seam of any mine is abandoned, or the work ing thereof discontinued.
(III)
(III) W h e r e the work ing of a shaft or a seam of any m i n e is recommenced after any abandonment or d iscont inuance for a period exceeding two m o n t h s ; or
( IV) W h e r e any change occurs in the n a m e of any mine , or in t he n a m e of t he owner, agen t , or m a n a g e r of any mine to which this A c t applies, or in the pr incipal officers of a n y incorporated company which is the owner of a mine , t h e owner, agent , or manage r of t he mine shal l give notice thereof to t h e inspector of t he district wi th in one m o n t h after t he commencement , abandonmen t , d iscont inuance, recom mencemen t , or change ; and if such notice is no t given, t h e owner, agent , or manage r shall be gui l ty of an offence against
th i s Ac t .
3 1 . (I) W h e r e any mine is abandoned or the work ing thereof
discont inued, at wha tever t ime the a b a n d o n m e n t or d iscont inuance occurred, t h e owner thereof a n d every o ther person interes ted in the minera ls of t h e mine shall cause t h e top of every sha l l and every side en t r ance from the surface to be and to be k e p t securely fenced for t he
prevent ion of accidents : Provided t h a t —
(a)
subject to any contract to the contrary, the owner of the m i n e shall, as between himself and any other person interested in t h e minera ls of the mine , be l iable to carry in to effect this section, and to pay any costs, charges, and expenses incurred by any other person interes ted in t h e minera l s of
t h e mine in car ry ing th is section in to effect; (b) n o t h i n g in th is section shal l exempt any person from a n y l iabil i ty unde r any other Act or otherwise.
(II) I f any person fails to ac t in conformity wi th th is
section he shall be gu i l ty of an offence agains t th is Act .
(III) N o person shall be precluded by any ag reement from doing, or be l iable unde r any cont rac t to any damages , penal ty , or forfeiture for doing such acts as m a y be necessary in order to comply w i t h t he provisions of this section.
(IV) If a n y occupier of land or o ther person wilfully
obs t ruc ts t h e owner of a m i n e or o ther pen-son interes ted as aforesaid in.
doing any such acts , he shall be gui l ty of an offence agains t this A c t .(v) A n y shaft or side ent rance which is no t fenced as requ i red b y th is section, and is wi th in fifty yards of any h ighway, road, footpath, or place of publ ic resort , or is in open or unenclosed land , shall be deemed to be a publ ic nuisance .
32. (I) W h e r e any m i n e or seam is abandoned, t h e owner of
t h e mine or seam at the t ime of i ts a b a n d o n m e n t shall , w i th in three m o n t h s after t h e abandonmen t , send to t he Minis ter an accura te p l an showing t h e boundar ies , t he whole of t h e workings of t he mine or seam u p to the t i m e of t he abandonmen t , and the position of the workings wi th regard to t he surface, and the genera l direct ion and ra t e of dip of t he s t ra ta , toge ther wi th a section of t he s t ra ta sunk th rough , or if
t h a t is no t reasonably pract icable , a s t a t emen t of t he dep th of t he shaft, w i th a section of t he seam. Eve ry such p l an m u s t be on a scale; of not less t h a n two chains to the inch, or on t he same scale as t h e p lan used a t t h e mine a t t he t ime of its abandonmen t .
(II) The plan and section shall be preserved under t he
care of t h e M i n i s t e r ; b u t no person, except as provided in section twenty-e igh t , other t han an inspector u n d e r th is Act , shall be ent i t led, w i thou t t h e consent of t he owner or agen t of t he mine or seam, to see the p lan w h e n so sent un t i l after the expi ra t ion of ten years f rom the
time> of t h e abandonmen t .
(III) The owner or agent aforesaid shall also, wi th in three;
m o n t h s of the a b a n d o n m e n t of the mine or seam, send to t h e inspector
of
of the district , on behalf of the Minis ter , a correct r e t u r n specifying, wi th respect to the period which has elapsed since t h e expirat ion of t he year covered by the last a n n u a l r e tu rn made unde r th is Act , the
| par t icu la rs | requi red | in | t h a t | r e t u rn , | a n d | the | provisions | of | th i s | A c t |
| wi th | respect | to the said | a n n u a l | r e t u r n | shall apply to t he r e t u r n so sent . |
(IV) If the owner or agen t of a m i n e or seam fails to
comply wi th th is section he shall be gui l ty of a n offence against this
Act , and be liable to a fine not exceeding th i r ty pounds .
(v) A compla in t or information of an offence u n d e r th is
| section may be made or laid a t any t ime wi th in six m o n t h s | after |
a b a n d o n m e n t of t he mine or seam, or after service on the owner or agen t aforesaid of a notice; to comply wi th t he r equ i rement s of this section, whichever las t happens .
33 . Al l notices under th is A c t shall (unless expressly requi red
| to be in pr in t ) be in either wr i t ing or p r in t | ( including | l i thograph) , | or |
par t ly in wr i t ing and pa r t ly in p r i n t ( inc luding l i thograph) , and all notices and documents required by th is A c t to be served or sent by or to an inspector may be ei ther delivered personally, or served and sent by post by a registered let ter , and if served or sent by post , shall be deemed to have been served and received respectively a t t h e t ime when the le t ter conta in ing t he same would be delivered in t he ordinary course of pos t ; and in proving such service or sending, it shall be sufficient to prove t h a t t he let ter conta in ing the notice was proper ly addressed and p u t into the post.
5. Employment of Hoys and Females.
31 . (I) Subject to the provisions of section thirty-five of this
Act (dealing wi th t he employment of boys) , no boy under t he age of four teen years a n d no female shall be employed in or about a mine . A n d no boys be tween t he age of fourteen years and eighteen years shall be employed in or allowed to be, for t he purposes of employment , in any mine below ground for more t h a n nine hours on Monday , Tuesday, Wednesday , Thursday , Fr iday , and six hours on one Sa turday
| and eight hours on t he nex t | Sa tu rday . |
Tor the purposes of this Act , wi th respect to the employmen t of such boys in a mine below ground, the following regulat ions shal l have effect, t ha t is to say :—•
(a) There shall lie allowed an interval of not less t han twelve hours between each period of employment .
(b) Each period of employment shall be exclusive of one hour
for meals .
(II) The owner, agent , or manage r of every mine shall keep in
the office a t t h e mine a register, and shall cause to be entered in t h a t register , in such form as t he Minis ter may from t ime to t ime prescribe or sanction, t he n a m e , age, residence, and date of first employment of all boys unde r t he age of eighteen employed in the mine below ground, and of all such boys employed above ground in connect ion wi th the mine ; and shall on reques t produce the register to any inspector under th is Ac t , and to any officer of t he D e p a r t m e n t of Pub l ic Ins t ruc t ion , a t the mine , at all reasonable t imes, and shall al low any such inspector or officer to inspect and copy the same.
(III) The immedia te employer of every such boy, other t h a n t he
owner, agent , or manage r of the mine , before he causes t he boy to be below ground in any mine , shall report to the m a n a g e r of t he mine, or to some person appointed by tha t manager , t h a t he is about to employ the boy in the mine .
35. The provisions of t h i s A c t shall n o t —
(i) prevent a hoy under the age of fourteen years who, before the commencement of t h i s Ac t , is lawfully employed in a n y mine below ground from con t inu ing to he employed in a
m i n e ; nor
( I I ) p reven t a hoy who, before t he commencemen t of this Ac t , is lawfully employed above ground in connect ion wi th any m i n e from con t inu ing to be employed above g round in con
nect ion w i t h a mine ; nor
( i i i ) prevent a competent male person above the age of e ighteen years, who, before t h e commencemen t of this Act , is lawfully employed in work ing the mach ine ry used for lowering and rais ing persons in a mine f rom cont inu ing to be so employed.
36. If any person contravenes or fails to comply wi th or permi ts any person to con t ravene or fail t o comply wi th any provision of th i s A c t wi th respect to t he employmen t of boys or females, or to t he register of boys, or to repor t ing the in tended employment of boys, he shal l be gui l ty of an offence aga ins t this A c t ; and in t h e event of a n y such contravent ion or non-compl iance by any person whomsoever, t he owner, agent , and manage r of t he mine shall each be gui l ty of an offence agains t th i s Act , unless he proves t ha t he had t a k e n all reasonable means , by publ i sh ing and to t he best of his power enforcing the provisions of this Act , t o p reven t t he cont ravent ion or non-compliance.
(5. Wages.
37. (i) No wages shall be paid to any person employed in or about any m i n e a t or within any public-house, beer-shop, or place for the sale of any spirits, beer, wine, cider, or o ther spir i tuous or fermented liquor, or o ther house of en te r t a inment , or any office, garden, or place
be longing there to o r occupied the rewi th . ( i i ) Every person who contravenes or fails to comply wi th or permi ts any person to cont ravene or fail to comply wi th th is section shall be gui l ty of an offence against th is A c t ; and in t h e event of a n y such cont ravent ion or non-compl iance by any person whomsoever, the owner, agent , and manage r of the mine shall each be gui l ty of an offence against th is Act , unless he proves t ha t he had t a k e n all reasonable means , by publ i sh ing and to t he best of his power enforcing t h e provisions of th is section, to p reven t t he con t raven t ion
or non-compl iance . those persons shall be paid according to t he ac tua l we igh t go t ten by employed in a mine depends on the a m o u n t of minera l got ten by t hem, 38. (i) W h e r e t h e a m o u n t of wages paid to any of t he persons t h e m of t he minera l contracted to be got ten, and the minera l got ten by t h e m shall be t ru ly weighed at a place as near to the pi t m o u t h as
is reasonably p rac t i cab le : Provided t h a t no th ing in this section shall preclude t h e owner, agent , or m a n a g e r o f the mine from agree ing wi th t he persons employed in t h e mine t h a t deduct ions shall be made in respect of stones or substances other t h a n the minera l contracted to be got ten , which shall be sent out of t h e m ine wi th t he minera l cont rac ted to be got ten, or in respect o f any tubs being improper ly filled in those cases where they are filled by the ge t te r of the minera l or his drawer, or by the person immedia te ly employed by him, such deduc t ions being de te rmined in such special mode as may be agreed upon between the owner, agent , or manage r of t h e mine on the one hand, and the persons employed in t h e mine on the other, or by some person appointed in that behalf by t he owner, agent , or manager , or (if a n y check-weigher is stat ioned f o r this purpose as hereinafter ment ioned)
by
by such person and such check-weigher , or in case of difference by a th i rd person to be m u t u a l l y agreed on by the owner, agent , or m a n a g e r of t h e mine on t h e one hand , and the persons employed in t he m i n e on the other, or in defaul t of ag reement appoin ted by a Cha i rman of a Court of General or Qua r t e r Sessions wi th in t he jur isdic t ion of which any shaft of t h e mine is s i tua te .
(II) I f any person contravenes or fails t o comply wi th , or pe rmi t s any person to cont ravene or fail to comply wi th this section, lie shal l be gui l ty of an offence against th is A c t ; and in t he event of any such cont ravent ion or non-compliance by any person whomsoever , t h e owner, agen t , and manage r of t h e m i n e shall each be; gu i l ty of an offence against th is Act , unless he proves t h a t he h a d t a k e n all reasonable means by publ i sh ing and to t he best of his power enforcing t h e provisions of th is section to p reven t the contravent ion or non compl iance .
(III) N o t h i n g in th is A c t shall bo held to author ise or give
any power to any owner or m a n a g e r of a mine to pay miners by the me thod k n o w n as t he s tandard weigh t system, a n d from and after t h e commencemen t of th is A c t t h a t system shall be and is hereby abolished.
(IV) W h e r e i t is proved to t he satisfaction of t he Minister ,
in t he case of any mine or class of mines employ ing no t more t h a n t w e n t y persons under ground, to be expedient t h a t t he persons employed there in should, upon the jo in t representa t ion of t h e owner or owners of any such mine or class of mines and the said persons, be paid by any me thod other t h a n t h a t provided by this Act , such Minis ter may , if IK; t h i n k fit, by order, allow the same ei ther w i thou t conditions or du r ing t h e t ime and on the condit ions specified in t h e order.
39. W h e n e v e r any sum of money not exceeding fifty pounds shal l be claimed to be due to any person on account of any k ind of labour performed a t any coal mine in charge of an owner or agen t i t shall be lawful for any J u s t i c e or Clerk of P e t t y Sessions, upon complaint
| m a d e to h i m touch ing or concerning the non -paymen t of any such | sum, |
| to s u m m o n such owner or agen t to appear before any two Jus t i ces a t | the |
| neares t P e t t y | Sessions, a n d t h e Jus t ices there assembled m a y | examine |
t h e part ies and the i r respective witnesses touch ing the complaint , and may inspect any ag reement or dupl ica te copy thereof if produced, and m a y m a k e an order for the p a y m e n t by such owner or agen t of any s u m not exceeding fifty pounds, as shall appear to such Jus t i ces to b e lawfully due, toge ther wi th all costs incurred and damage sustained
| agen t , t h e n such Jus t i ces shall issue the i r wa r r an t to levy the same by | by the compla inan t in prosecut ing such claim, and in cast; of refusal or non -paymen t of any sum so ordered to be paid by such owner or | |||
| distress and sale of all or a sufficient pa r t of the goods, cha t te ls , colliery produce, p lan t , rol l ing-stock, horses, and mach ine ry of or belonging to t h e owner of such colliery : Provided always t h a t no person m a k i n g | ||||
| ||||
| ||||
| 40. (I) The persons who are employed in a mine , and are paid according to t he weight of the minera l got ten by t h e m , may , at the i r own cost, s ta t ion a person (in this A c t referred to as " a check- w e i g h e r " ) a t each place appointed for t he weigh ing of t he minera l , and a t each place appointed for de te rmin ing the deduct ions, in order t h a t he may, on behalf of t h e persons by w h o m he is so s tat ioned, t ake a correct account of t h e weight of the minera l , or de te rmine correctly t he deduct ions, as t he case m a y be;. H e shall be authorised to require | ||||
| ||||
| ||||
| coal. |
c ( I I ) (II) A check-weigher shall h w e every facility afforded to
h i m for enabl ing h i m to fulfil t he dut ies for wh ich he is s ta t ioned,
i nc lud ing facilities for examin ing and tes t ing t h e weighing mach ine ,
and checking t h e t a r ing of tubs and t r a m s where necessary, a n d inc lud ing also t h e cont inuous weigh ing of t h e c o a l ; and if a t any m i n e proper facilities are not afforded to a check-weigher as required by th is section, t he owner, agent , and m a n a g e r of t h e m i n e shall each be gui l ty of an offence against th is Act , unless he proves t h a t he had t a k e n all reasonable means to enforce to t h e best of h is
power t h e r equ i r emen t s of th i s section.
(III) A check-weigher shal l no t be authorised in any way to
impede or in t e r rup t t h e work ing of t h e mine , or to interfere wi th t h e
weighing , or w i th a n y of t he workmen , or w i th t h e m a n a g e m e n t of t h e m i n e ; b u t shal l be au thor ised only to fulfil t he duties in t he two preceding subclauses ment ioned, and the absence of a cheek-weigher from the place a t which he is s tat ioned shall no t be a reason for in ter r u p t i n g or delaying t h e we igh ing or the de te rmina t ion of deduct ions a t such place respectively, b u t t h e same shal l be done or m a d e by t h e person appointed in t h a t behalf b y the owner, agent , or manage r , unless t h e absent check-weigher had reasonable ground to suppose t h a t t h e we igh ing or t he de te rmina t ion of t h e deductions, as t he case m a y
be , would n o t be proceeded wi th : P rov ided a lways t h a t no th ing in th i s section shal l p r even t a check-weigher g iv ing to a n y w o r k m a n a n account of t he mine ra l go t t en by h im, or informat ion wi th respect to t h e we igh ing or t he we igh ing machine , or the t a r ing of t h e t u b s or t r a m s , or w i th respect to t h e deduct ions , or any other m a t t e r wi th in t he scope of his duties as check-weigher , so always, nevertheless , t h a t the work ing of t he mine be no t i n t e r rup ted or impeded.
(IV) If t h e owner, agent , or manage r of t he mine desires
t h e removal of a cheok-weigher on t h e g round t h a t t he check-weigher
has impeded or in t e r rup ted t h e work ing of t h e mine , or interfered w i t h
t h e weigh ing or w i th any of t h e workmen , or w i th t h e m a n a g e m e n t of
t h e mine , or has a t the mine , to t he de t r iment of t he owner, agent , or manager , done a n y t h i n g beyond t ak ing such account , de te rmin ing such deduct ions , or giving such information as aforesaid, t h e owner, agen t , or m a n a g e r m a y complain to t h e neares t Court of P e t t y Sessions,
who, if of opinion t h a t t h e owner, agen t , or m a n a g e r SIIOWS sufficient prima facie g round for t h e removal of t h e check-weigher , shal l cal l on t h e check-weigher to show cause aga ins t his removal .
(v) On the hea r ing of t he case the Cour t shal l hear the
par t ies , and if they t h i n k t h a t a t t he hea r ing sufficient g round is shown by t h e Owner, agent , or manage r to jus t i fy t h e remova l of t he check-
weigher , shall m a k e a s u m m a r y order for his renuyval, and the check-
weigher shal l t h e r e u p o n lie removed, b u t w i t h o u t prejudice to t h e s ta t ioning of ano ther check-weigher in his place.
(VI) The Cour t m a y in every case m a k e such order as to t he
costs of t he proceedings as t he Cour t m a y t h i n k jus t . (A*II) I f in pu r suance of a n y order of exempt ion made b y
t h e Minister , t h e persons employed in a m i n e are paid by t h e measure or gauge of t he mater ia l got ten by t h e m , t h e provisions of th i s A c t shall apply in l ike m a n n e r as if t he t e r m " w e i g h i n g " included measur ing and gauging , and t h e te rms re la t ing to we igh ing shall be construed accordingly.
(VIII) If t h e person appointed by the Owner, agent , or m a n a g e r to weigh the mine ra l impedes or i n t e r rup t s t he check- weigher in the proper discharge of his dut ies , or improper ly interferes w i t h or a l te rs t he weighing mach ine or t h e ta re in order to prevent a correct account be ing t aken of t he weighing and t a r ing , he shal l be gui l ty of an offence against this Act .
4 1 . (i) W h e r e a check-weigher has been appoin ted b y the
major i ty , ascertained by ballot , of the persons employed in a mine who are paid according to the we igh t of t he minera l go t ten b y t h e m , and has ac ted as such, he m a y recover from any person for t he t ime being employed a t such mine and so paid, his propor t ion of the check- weigher ' s wages or recompense, no twi ths t and ing t h a t any of the persons b y w h o m t h e check-weigher was appointed m a y have left t h e m i n e or others have entered t he same since the check-weigher ' s appo in tment , any rule of law or equi ty to the cont rary no twi ths t and ing .
( i i ) I t shall be lawful for t h e owner or m a n a g e r of any
mine , where t he majori ty of t he before-mentioned persons, ascertained as aforesaid, so agree, to re ta in t he agreed cont r ibu t ion of t h e persons so employed and paid as aforesaid for t he check-weigher , and to pay and account for t he same to t he check-weigher .
42. (i) The " "Weights a n d Measures A c t , " s ix teenth Victoria
n u m b e r th i r ty- four , and any Ac t re la t ing to weights and measures , shall app ly to all weights , balance's, scales, steelyards, and weighing machines used a t any mine f o r de te rmin ing t h e wages payable to any person employed in the mine according to t he weight of the minera l got ten by h im, in l ike m a n n e r as it applies t o weights, balances, scales, steelyards, and weighing machines u s e d f o r t rade.
(ii) A n inspector of weights and measures appointed unde r t he said Ac t shall once a t least in every six mon ths inspect and examine in m a n n e r directed b y the said Act the weights , balances, scales, s teelyards, and weighing machines used or in the possession of a n y person for use as aforesaid a t a n y m i n e wi th in h i s d i s t r i c t ; and shall also m a k e such inspection and examina t ion a t any other t ime in any case w h e r e he has reasonable cause to believe t h a t t h e r e is i n use
a t t h e mine any false or un jus t weight , balance, scale, steelyard, or
| weigh ing | machine . ( i i i ) The inspector shal l also inspect and examine the | |||||
| measures | and gauges in use a t t he mines wi th in his d i s t r i c t ; b u t | |||||
| n o t h i n g |
|
measures or gauges ordinari ly used a t t h e mine.
(iv) A n inspector m a y , f o r t he purposes of this section,
w i t h o u t any a u t h o r i s a t i o n f r o m a Jus t i ce o f the Peace, exercise a t or
i n any mine , as respects all weights , measures , scales, balances, steel
yards , and weighing machines used or in the possession o f any person for use a t or in tha t mine , a l l such p o w e r s as he could exercise, if author ised i n wr i t ing by a Ju s t i ce of t h e Peace, unde r the " W e i g h t s
| balances , steelyards, and weighing machines as the re in ment ioned ; | and Measures A c t , " wi th respect to any such w e i g h t s , measures , scales, | |
| a n d al l the provisions of sections seventeen and e ighteen of t h a t Act , | ||
|
(v) The i n s p e c t o r of w e i g h t s and measures shall not , i n
fulfilling t h e dut ies required of h im unde r th is section, impede or
obs t ruc t t he work ing of the mine .
7 . Single Shafts.
43 . (i) After the commencement of th is Ac t t he owner, agent ,
or manager of a mine shall not employ any person in t he mine , or
pe rmi t any person to be in the mine f o r the purpose of employmen t
| there in , unless | t he | f o l l o w i n g | c o n d i t i o n s | respec t ing | shafts | or | out le ts |
are complied wi th , t ha t is to say :—•
(a) The re m u s t be a t least t w o shafts or outlets , wi th which e v e r y seam f o r t h e t ime being a t work i n the mine shall have a communica t ion , so t h a t such shafts o r out le ts shall afford separate means o f ingress and egress avai lable to t he persons employed in every such seam, whe the r t he shafts or out le ts belong to the same m i n e or to more t h a n one mine .
(b)
(b)
Such shafts or out lets m u s t no t a t a n y po in t he nea re r to one ano ther t h a n fifty yards, a n d there shall he be tween such two shafts or out lets a communica t ion no t less t h a n four feet wide and six feet h igh .
(c)
Proper apparatus for raising and lowering persons at each such shaft or out le t shal l be k e p t on t h e works be longing to the mine , and such appa ra tus if no t in ac tua l use a t t h e
shafts or out le ts shall be cons tan t ly available for use .
(II) Every owner, agent , and manage r of a m i n e who ac t s
in cont ravent ion of or fails to comply wi th this section shall be gui l ty
of an offence against this Ac t .
(III) The Supreme Court , w h e t h e r a n y other proceedings
have or have no t been t aken , may , on t he appl ica t ion of t h e A t t o r n e y - General , prohib i t by in junct ion t h e work ing of any m i n e in w h i c h a n y person is employed, or is pe rmi t t ed to be for t h e purpose of employ m e n t in con t raven t ion of th i s section, and m a y award such costs in
t h e m a t t e r of t h e in junc t ion as t h e Cour t t h i n k s j u s t ; b u t th i s
provision shall be w i thou t pre judice to any o ther r e m e d y pe rmi t t ed by law for enforcing the provisions of th i s Ac t .
(IV) W r i t t e n not ice of t he in ten t ion to app ly for such in junc
t ion in respect of a n y m i n e shall be given to t h e owner, agent , or manage r of t he mine n o t less t h a n t en days before t h e appl ica t ion is made .
44. N o person shal l be precluded by any ag reemen t from doing such acts as may be necessary for provid ing a second shaft or out le t to a mine , where t he same is requi red by th is Act , or be l iable unde r a n y con t rac t to any pena l ty or forfeiture for doing such acts as m a y be necessary in order to comply wi th the provisions of th is A c t wi th respect to shafts or out le ts .
45 . The foregoing provisions of th is A c t w i th respect to shafts
or out le ts shall no t a p p l y —
(I) I n t he case of a new m i n e be ing opened— (a) to any work ing for the purpose of m a k i n g a communica t ion
be tween two or more shaf t s ; (b) to any working for the purpose of searching for or proving m i n e r a l s ;
so long as not more t h a n t w e n t y persons are employed below g round a t a n y one t ime in the whole of t he different seams in connect ion
wi th a single shaft or o u t l e t ; nor
(II) to any proved mine , so long as i t is exempted b y order of t he Minis ter , on t he g round
e i ther—
(a) t h a t t h e quan t i t y of minera l proved is no t sufficient to repay the out lay wh ich would be occasioned by s inking or m a k i n g a second shaft or out le t , or by establ ishing communica t ion wi th a second shaft or out le t , in any case whe re such communica t ion exis ted and has become
u n a v a i l a b l e ; or
(b) that the workings in any seam of the mine have reached the bounda ry of t he p roper ty or t he ex t r emi ty of t h e minera l field of which t h a t seam is a pa r t , and t h a t i t is expedien t to work away the pi l lars already formed in course of t he ord inary work ing , no twi th s t and ing t h a t one of t he shafts or out le ts m a y be c u t off by so work ing away t h e pil lars of t h a t seam ;
a n d so long as not more t h a n t w e n t y persons are employed below g round a t a n y one t ime in t h e whole of t h e different seams in connec
t ion wi th a single shaft or o u t l e t ; nor
(III) to any m i n e —
(a) whi le a shaft is be ing sunk, or an out le t be ing m a d e ; or (P)
(b)
one of the shafts or outlets of which has become, by reason of some accident , unava i lab le for t he use of t he persons employed in t h e mine ;
so long as t h e m i n e is exempted by order of t h e Minis ter , and as t h e condit ions (if any) annexed to t he order of exempt ion are duly observed. The provision in th i s A c t requi r ing t h e two shafts or out lets of a m i n e to be separated by a distance of not less t h a n fifty yards shall not apply to any mine which is provided wi th two shafts sunk lief ore t h e c o m m e n c e m e n t of th i s Act , bu t a t t h a t t ime separated by a d is tance of less t h a n t en feet, or commenced to be sunk before t he c o m m e n c e m e n t of this Act , b u t separated by a distance of more t h a n t e n feet and less t h a n fifty yards . The foregoing provisions of th is A c t as to t h e dimensions of t h e communica t ion be tween two shafts or out le ts shall no t apply to any mine or class of mines so long as the same is exempted theref rom by order of the Minister by reason of the th inness of t h e seams or other exigencies affecting t h a t m i n e or class of mines , and so long as t h e condit ions (if any) annexed to t he order of exempt ion arc du ly observed.
8. Division of Mine into parts.
46. (I) W h e r e two or more par t s of a m i n e are worked sepa
| ra te ly , t h e | owner, agen t , or m a n a g e r of | the m i n e shall | give notice in |
wr i t ing to t h a t effect to t h e inspector of t h e district , and thereupon each such par t shall , for all purposes of th is Act , be deemed to be a
| separate | mine . |
(II) If t h e Minis ter is of opinion t h a t t he division of a
m i n e in pu r suance of th is section tends to lead to evasion of the pro visions of th i s Ac t , or otherwise to p reven t t he car ry ing of th is Ac t in to effect, he may object to t h e division by not ice served on t h e owner, agen t , or m a n a g e r of t h e m i n e ; and the owner, agent , or manager , if he declines to acquiesce in such objection, may, wi th in twen ty days after receipt of the notice, send a notice to t he inspector of t he distr ict , s t a t ing t h a t he declines so to acquiesce, and the reupon t h e m a t t e r shall lie de te rmined by arb i t ra t ion in m a n n e r provided by th is A c t ; and the da te of t he receipt of the las t -ment ioned notice shall be deemed to be
| t h e da te of t he | reference. |
P A R T I I . — R U L E S .
9. General Mules.
47. The following genera l rules shall be observed, so far as is
reasonably pract icable , in every mine :—
Utile 1. A n adequate a m o u n t of vent i la t ion shall be cons tant ly produced in every mine to d i lu te and render harmless noxious gases to such an ex t en t t ha t t h e working-places of t in 1 shafts, levels, s tables, and work ings of the mine , and t h e t r a v e l i n g roads to and from those working-places shall be in a fit s ta te for work ing and passing there in . The vent i la t ion so produced shall be t he supply of pu re air in quan t i t y not less t han one hund red cubic feet per m i n u t e for each man , boy, and horse employed in t h e mine , which air (in t h a t proport ion, bu t w i th as m u c h more as t he inspector shall direct) shall sweep along the a i rways and be forced as far as t he face of and in to each and every working-place where man , boy, or horse is engaged
or passing, ma in r e t u r n a i rways only excepted. Eve ry
E v e r y mine , except such as are worked on t h e long- wall system, shall be divided in to districts or spli ts of n o t more t h a n seventy m e n in each ; and each distr ict shall be
supplied wi th a separate cu r ren t of fresh air. The i n t a k e air
shall t ravel free from all s t agnan t water , stables, and old workings . I n the case of mines requi red b y this A c t to be unde r the control of a certificated manager , t he quan t i t y of air in t he respective splits or cur ren t s shal l at least once in every m o n t h be measured and entered in a book to be kep t for t h e purpose a t the mine .
Rule 2. W h e r e a fire is used for vent i la t ion in any m i n e newly opened after t he commencemen t of th is Act , the r e t u r n air, unless i t be so di luted as no t to be inf lammable , shal l be carried off clear of the fire by means of a d u m b drift or a i rway.
Rule 3 . W h e r e a mechan ica l cont r ivance for vent i la t ion is in t ro duced in to any mine after t h e commencemen t of th is Act , i t shall be in such position and placed unde r such conditions as will t end to insure its being un in ju red by a n explosion.
Rule 4. A stat ion or s tat ions shall bo appoin ted a t t h e en t r ance to the mine , or to different par ts of t h e mine , as t he case m a y require , and the following provisions shall have effect:—
(I) As to inspection before commenc ing work :—
A competen t person or competen t persons appointed by the owner, agent , or manage r for t h e purpose , no t be ing cont rac tors for ge t t ing minera ls in the mine shall , w i th in such t ime immediate ly before t h e commencement of each shift, as shall be fixed by special rules made u n d e r th is Act , inspect every p a r t of t he mine s i tuate beyond the stat ion or each of the stations, and in which workmen are to work or pass du r ing tha t shift, and shall ascertain t h e condit ion thereof so far as the presence of gas, vent i la t ion,
or t u b in t he shaft. I f t h e d r u m is not on the c rank shaft
there shall be an adequa t e b rake on t h e d r u m shaft. Rule
Utile 32. E v e r y fly-wheel and al l exposed and dangerous pa r t s o:
t h e mach ine ry used in or abou t t he m i n e shall be and shal.
be k e p t securely fenced. Utile
33 . E a c h steam-boiler , w h e t h e r separa te or one of a r ange , shal l have a t t ached to i t a proper safety-valve and also a proper s team-gauge a n d wa te r -gauge to show respect ively the pressure of s t eam and the he igh t of wa te r in each boiler.
Uule 34. A barometer and the rmomete r shall be p laced above
ground in a conspicuous position near t he en t rance to the
mine .
Uule 35 . "Where persons are employed underground , ambulances
or s t re tchers , wi th splints and bandages , shall be kep t a t the
mine ready for immedia te use in case of accident .
Uule 36. N o person shall wilfully damage, or wi thou t proper au thor i ty remove or render useless, any fence, fencing, man hole, place of refuge, casing, l in ing, guide, means of s ignal l ing, signal, cover, chain, flange, horn , b reak , indicator , s team- gauge, water -gauge , safety-valve, or o ther appl iance or th ing provided in any m i n e in compl iance wi th this Ac t .
Uule 37. Eve ry person shall observe such directions wi th respect
to work ing as may be given to h i m wi th a view to comply
wi th this Act or the special rules in force in t he mine .
Uule 38 . The books men t ioned in these ru les shall be provided by t h e owner, agent , or manager , and the books, or a correct copy
thereof, shall be kep t at the office of the mine , and a n y
inspector u n d e r th i s Ac t , and any person employed in t he mine may , at all reasonable t imes, inspect and t ake copies of and ex t rac t s from any such books ; b u t no th ing in these rules shall be construed to impose t he obligation of keep ing any such book or a copy thereof for more t h a n twelve m o n t h s after t he book had ceased to be used for entr ies the re in unde r th i s Act . A n y repor t by th is A c t requi red to be recorded in
a book m a y be pa r t ly in p r in t ( inc luding l i thograph) and pa r t ly in wr i t ing . Uule 39 . The persons employed in a mine may from t ime to t ime appoin t two of the i r n u m b e r or any two persons not be ing m i n i n g engineers w h o are pract ical work ing miners to inspect the mine a t the i r own cost, and t h e persons so appoin ted shall be allowed once a t least in every m o n t h , accompanied, if t he owner, agent , or manage r of t h e m i n e t h i n k s fit, by
himself or one or more officers of t he mine , to go to every
p a r t of t he mine , and to inspect t h e shafts, levels, p lanes ,
work ing places, r e t u r n air-ways, ven t i l a t ing appara tus , old workings , and machinery . E v e r y facility shall be afforded by the owner, agent , and manager , and all persons in t he m i n e for t he purpose of inspection, and the persons appointed shall fo r thwi th m a k e a t rue repor t of t h e resul t of t he inspection, and t h a t report shal l be recorded in a book to be kep t a t t h e mine for t he purpose , and shall be s igned by the persons who m a d e t h e inspection, and if the repor t s tates t he exis tence or apprehended existence of any danger , t h e owner, agent , or m a n a g e r shal l for thwith cause a t r u e copy of t he repor t to be sent to the inspector of the distr ict .
Uule 10. N o person not now employed as a coal ge t te r shal l be allowed to work alone as a coal ge t te r in t he face of t h e workings u n t i i lie has h a d two years ' exper ience of such work under t he supervis ion of skilled workmen , or unless he shall have been previously employed for two years in or about t h e face of t he work ings of a mine .
Uule
Rule 4 1 . If t he owner, agent , or m a n a g e r of any mine or any persons employed by or ac t ing unde r the ins t ruc t ions of any such owner, agent , or manage r interferes wi th the appoint m e n t of a check-inspector or check-weigher , or refuses to afford proper facilities for t he holding of any mee t ing for t he purpose of m a k i n g such appo in tment , or a t t empt s , whe the r b y threa ts , bribes, promises, not ice of dismissal, or otherwise howsoever, to exercise improper influence in respect of such appo in tmen t , or to induce t he persons enti t led to appoin t a check-inspector or a check-weigher or any of t h e m no t to reappoint any par t i cu la r person, or to vote for or aga ins t any par t icu la r person, in t he appo in tmen t of a check-inspector or check-weigher , such owner, agent , or manage r shall be gui l ty of an offence against th i s Act .
48 . E v e r y person who c o n t r w e n e s or does not comply wi th any
of the general rules in th i s Ac t shall be gui l ty of an offence agains t th is A c t ; and in the event of any c o n t r w e n t i o n of or non-compl iance wi th any of t he said general rules in the case of any mine to which th is Ac t applies, by any person whomsoever, the owner, agent , and m a n a g e r shall each be gui l ty of an offence against th is Ac t , unless he proves t ha t he had t a k e n all reasonable means , by publ i sh ing and to t he best of his power enforcing the said rules as regula t ions for t he work ing
| of | t he | mine , to p reven t | such | c o n t r w e n t i o n | or | non-compl iance . |
10. Special Rules.
19. (I) There shal l be established in every mine such rules (referred to in this A c t as special rules) for t he conduc t and guidance of t h e persons ac t ing in t he m a n a g e m e n t of such m i n e or employed in or about t he m i n e as, unde r t he par t i cu la r s ta te a n d c i rcumstances of such mine , m a y appear best calculated. to prevent dangerous accidents , and to provide for t he safety, convenience, and proper discipline of the persons employed in or about t he m i n e .
(II) Such special ru les , when established, shall be signed in
dupl ica te by t he inspector who is inspector of t h e district a t t he t ime the rules are established, and shal l be observed in and about every such mine ( including any extension thereof) in t he same m a n n e r as if t hey were enacted in th is Ac t .
(III) I f any person who is bound to observe the special
| rules established for any mine , acts in c o n t r w e n t i o n | of or fails | to |
| comply wi th any of t hem, h e shall be gui l ty of an offence against th is |
| Ac t , and also t he owner, agen t , and m a n a g e r of such | n u n c | shall | each |
| be gui l ty of an offence | against th i s Ac t , unless he proves t h a t he had |
t a k e n all reasonable means , by pub l i sh ing and to t he best of his power enforcing the rules as regula t ions for t he work ing of t h e mine ,
| so as to p reven t | such | c o n t r w e n t i o n | or | non-compliance. |
50. (r) The owner, agent , or manage r of every mine shall frame and t r ansmi t to t h e inspector of t he district, for approval by t he Minister , special rules for the mine wi th in th ree m o n t h s after the commencemen t of this Act , or wi th in three mon ths after t h e com m e n c e m e n t (if subsequent to t h e commencemen t of th i s Act) of any work ing for t he purpose of opening a new mine or of r enewing the work ing of an old mine .
(ri) The proposed special rules , t oge the r wi th a pr in ted not ice specifying t h a t any objection to the rules on t h e ground of any t h i n g contained there in or omi t ted theref rom m a y be sent by any of t he persons employed in t he m i n e to t he inspector of the district , a t his address, s ta ted in the notice, shall, d u r i n g no t less t h a n two weeks before t h e rules are t r ansmi t t ed to the inspector, be posted u p in l ike
m a n n e r
m a n n e r as is provided in this Act respect ing t he publ icat ion of special ru les for t he informat ion of persons employed in the m i n e ; and a certificate t h a t t h e rules a n d notice have been so posted u p shal l be sent to t h e inspector wi th two copies of t h e rules s igned by t h e person sending t h e same.
(III) If t he rules are no t objected to by t he Min is te r w i th in forty days after the i r receipt by t he inspector t hey shall be established.
5 1 . (I) I f t he Min i s te r is of opinion t h a t t h e proposed special
rules so t r ansmi t t ed , or any of t hem, do no t sufficiently provide for t h e prevent ion of dangerous accidents in t h e mine , or for t he safety or convenience of t h e jiersons employed in or about t h e mine , or are unreasonable , he may , wi th in forty days after t h e rules arc received by the inspector , object to t h e rules, and propose to t h e owner, agent , or manager , in wr i t ing , any modifications in t he rules by way e i ther of
omission, a l terat ion, subs t i tu t ion , or addit ion.
(II) If t h e owner , agent , or m a n a g e r does not , w i th in
twen ty days after t he modifications proposed by t h e Minis te r are received by h im, object in wr i t ing to t h e m , t he proposed special rules , wi th those modifications, shall be established'.
(III) I f t he owner, agen t , or manage r sends his objection in
wri t ing wi th in t h e said t w e n t y days to t he Minis ter , t he m a t t e r shal l be referred to a rb i t ra t ion unde r th is Act , and the da te of t h e rece ip t of t he objection by the Minis ter shall be deemed to be t h e da te of t he reference, and t h e rules shal l be established as sett led by a n award on arb i t ra t ion .
52. (I) After special rules are established under this Ac t in any mine , t he owner, agen t , or manage r of t he mine may , from t ime to t ime , propose in wri t ing to t h e inspector of t h e distr ict , for t h e approva l of t h e Minister , any a m e n d m e n t of t he ru les or a n y new special ru les ; and the provisions of this A c t wi th respect to t h e original special rules shal l apply to all such a m e n d m e n t s and new rules in l ike manner , as near ly as m a y be, as t hey apply to t h e original rules.
(II) The Minis te r m a y f rom t ime to t ime propose in
wr i t ing to t he owner, agent , or manage r of t h e mine any new special rules , or any a m e n d m e n t of t he special r u l e s ; a n d the provisions of this Ac t wi th respect to a proposal of the Minis ter for modifying t h e special rules t r ansmi t t ed b y the owner, agent , or manage r of a m i n e shal l apply to all such new special rules and amendmen t s in l ike m a n n e r , as near ly as m a y be, as t hey apply to t he proposal.
53 . I f t he owner, agent , or m a n a g e r of any m i n e makes any
false s t a t emen t wi th resjiect to t he pos t ing u p of t he rules and notices,
h e shall be gu i l ty of an offence aga ins t th is A c t ; a n d if special rules for a n y m i n e are no t t r ansmi t t ed w i th in t h e t i m e l imited by th is A c t to t h e inspector for t he approval of the Minis te r , t he owner, agen t , and manage r of such m i n e shall each be gu i l ty of an offence against th i s Ac t , unless he proves t h a t he had t aken all reasonable means , b y enforcing to t h e best of his power t h e provisions of th is Act , to secure t he t ransmission of t he rules.
5 1 . A n inspector u n d e r this A c t shall, w h e n required, certify a
copy wh ich is shown to his satisfaction to be a t r u e copy of a n y special rufes which , for t h e t ime be ing , are established under t h i s A c t in any mine , and a copy so certified shal l be evidence (bu t n o t to t h e exclusion of o ther proof) of such special rules, and of t he fact t h a t t hey are duly establ ished under th is A c t and have been signed by the inspector .
55. The Governor, wi th t he advice of t he Execu t ive Counci l ,
m a y m a k e and publ ish in t he Gazette a set or sets of special rules , a n d thereaf te r t h e rules so m a d e and published shal l be deemed t h e
special
special rules of every mine to which th is A c t applies a n d in respect of which no special rules shall be in force : P rov ided t h a t upon special rules be ing established for any mine , t h e special rules m a d e by t h e Governor as aforesaid shall cease to apply to such mine .
56. The special rules wh ich a t t h e commencemen t of this A c t are in force u n d e r t he A c t hereby repealed in any mine shall cont inue to be t h e special rules in such m i n e un t i l special rules are established unde r this A c t for such mine , and while they so con t inue shal l be of t h e same force as if t hey were established unde r th is Ac t .
1 1 . Publication of abstract of Act and of Special Rules.
57. F o r t he purpose of m a k i n g known the provisions of this A c t and t h e special rules to all persons employed in and abou t each mine , an abs t rac t of th is A c t supplied, on t h e appl icat ion of t h e owner, agent , or m a n a g e r of t he mine , by t he inspector of t h e distr ict on behalf of t he Minister , and a correct copy of all t h e special rules shall be publ ished as follows :—
(I) The owner, agent , or manage r of the mine shall cause t he abs t rac t and copy of t he rules, w i th the n a m e of the mine and t h e n a m e and address of t he inspector of t he dis tr ic t , and t h e n a m e of t he owner or agen t and of t he manage r appended thereto , to be posted u p , in legible characters , in some conspicuous place a t or near t he mine , where t hey m a y b e convenient ly read by t h e persons employed ; and so often as t he same become defaced, obli terated, or destroyed, shall cause t h e m to be renewed wi th al l reasonable despatch ,
(II)
T h e owner, agent , or m a n a g e r shal l supply a p r in ted copy of t h e abs t rac t and the special rules gra t is to each person employed in or abou t t he mine who applies for a copy a t t he office a t which the persons immedia te ly employed by the owner, agen t , or manager are paid,
(III) E v e r y copy of t h e special rules shall be k e p t dis t inct from any rules which depend only on the cont rac t be tween the
employer and the; employed.
I n the event of any non-compl iance wi th t h e provisions of th is section by any person whomsoever, t he owner, agent , and m a n a g e r shall each be gu i l ty of an offence against this A c t ; b u t t h e owner, agent , or m a n a g e r of such mine shall not he deemed gui l ty if he proves t h a t he had t aken al l reasonable means , by enforcing, to t h e best of his power, the observance of th is section to p reven t such non-compl iance .
58. Eve ry person who pul ls down, injures, or defaces any
| abs t rac t not ice, proposed | special rules , or special rules, w h e n | posted |
u p in pu r suance of t h e provisions of th is Ac t , or a n y not ice posted u p in pursuance of the special rules , shall be gu i l ty of an offence against
| th i s | Ac t . |
P A R T I I I . — S U P P L E M E N T A L .
12. Legal Proceedings.
59. (I) E v e r y person employed in or abou t a mine other t h a n an owner, agen t , or manager , who is gui l ty of any act or omission, which in t h e case of an owner, agent , or manage r would be a n offence agains t this Act , shal l be deemed to be gu i l ty of an offence against this Ac t .
(II) Eve ry person WIIO is gui l ty of an offence aga ins t this
Act for which a penal ty is no t expressly prescribed shall be l iable to
a
a fine no t exceeding, if lie is an owner, agent , or manager , or under - manager , twen ty pounds, and if he is any o ther person, two pounds for each offence ; and if a n inspector has given wr i t t en not ice of a n y such offence, to a fur ther fine not exceeding five pounds for every day after such not ice t h a t such offence cont inues to he commit ted .
60. W h e r e a person who is an owner , agent , manager , or under - manage r of, or a person employed in or abou t a m i n e is gui l ty of a n y offence aga ins t th i s Act which, in t he opinion of t he Cour t t h a t tr ies t he case, is one which was reasonably calculated to endanger t h e safety of t he persons employed in or ahout t he mine , or to cause serious personal in ju ry to any of such persons, or to cause a dangerous accident , a n d was commit ted wilfully by t h e personal act , personal default , or personal negl igence of t he person accused, such person shall he l iable, if the Cour t is of opinion t h a t a fine will no t mee t t h e c i rcumstances of t he case, to impr i sonment wi th or w i t h o u t ha r d labour for a period no t exceeding th ree m o n t h s .
6 1 . (I) Al l offences unde r th is A c t no t declared to be mis
demeanours , and all fines u n d e r th i s Act , and all moneys and costs by th is A c t directed to be recovered as fines, m a y be prosecuted a n d recovered before a St ipendiary or Police Magis t ra te or any two Jus t i ces of the Peace in P e t t y Sessions.
(II) Proceedings for the removal of a check-weigher shal l
be deemed to be a m a t t e r on which Jus t i ces in P e t t y Sessions have
au tho r i t y by law to m a k e an order ; and s u m m a r y orders unde r th is
A c t m a y be made on compla in t before Jus t i ces in P e t t y Sessions. 62. I n every par t of t he Colony the following provisions shall
have effect:—
(I) A n y compla in t or informat ion made or laid in pu r suance of th is A c t shall (save as o therwise expressly provided b y th is Ac t ) be made or laid w i th in th ree m o n t h s from t h e t ime w h e n
the m a t t e r of t h e compla in t or informat ion arose. (II) A n y person charged wi th any offence under this Act may , if he t h i n k s fit, be sworn and examined as an ordinary witness in t h e case.
(III) The Court shall , if required by e i ther par ty , cause m i n u t e s
of t he evidence to be t aken and preserved.
63 . If any person feels aggrieved by any convict ion m a d e by
Jus t i ces in P e t t y Sessions on de t e rmin ing any informat ion u n d e r th is
A c t by which conviction, impr i sonment , or a fine a m o u n t i n g to or exceeding one half t he m a x i m u m fine is adjudged, he m a y appeal theref rom to a Court of Qua r t e r Sessions in m a n n e r provided by section
t h r ee
of
t he
A c t
of
Council
fifth
Wi l l i am
t h e
Fou r th ,
n u m b e r
twen ty - two .
64. I f i t appears t h a t a boy was employed on t h e representa t ion
of his pa ren t or guard ian t h a t he was of t h e age a t which his employ m e n t would n o t be in con t raven t ion of th i s Act , and under t h e belief
in good fai th t h a t he was of t h a t age, or t h a t a person has worked alone as a coal-get ter on his representa t ion t h a t he has had two years ' exper ience of such work under t he supervision of skilled workmen , or t h a t he has been previously employed for two years in or abou t t h e face of t he work ings of a mine , and unde r t he belief in good fai th t h a t h e has h a d such experience or has been so previously employed, t he owner, agent , or m a n a g e r of the m i n e and employer shall be exempted from any penal ty , and t h e pa ren t or guard ian or t he person who has so worked alone, as t he case m a y be, shall for t h e misrepre senta t ion be deemed gui l ty of a n offence against this Act .
6 5 . N o prosecut ion shall be ins t i tu ted agains t t he owner, agent ,
manage r , or unde r -manage r of a mine for any offence u n d e r this Act , no t commi t t ed personal ly by such owner, agent , manage r , or under -
manasrer.
manager , wh ich can be prosecuted before Jus t ices in P e t t y Sessions, except by an inspector or wi th t he consent in wr i t ing of t he Minis te r ; and in t h e case of any offence of which t he owner, agent , manage r , or unde r -manage r of a m i n e is no t gui l ty if he proves t h a t he had t a k e n all reasonable means to p reven t the commission thereof, an inspector shall no t ins t i tu te a n y prosecut ion agains t such owner, agent , manager , or unde r -manage r , if satisfied t h a t IK; had t aken such reasonable means as aforesaid. No prosecut ion shall lie ins t i tu ted agains t a coroner for a n y offence unde r this Act , except w i th t h e consent in wr i t ing of t he Minis ter .
60. W h e r e t he owner, agent , or m a n a g e r of a mine has t a k e n
proceedings u n d e r th i s A c t agains t any person employed in or abou t a mine in respect of an offence commit ted unde r th is Act , he shall wi th in twenty-one days after the hear ing of t he case repor t t h e resu l t thereof to t h e inspector of t he district .
07. (I) N o t h i n g in th is Ac t shall p reven t any person from
be ing indicted or l iable u n d e r any other A c t or otherwise to any other or h igher pena l ty or p u n i s h m e n t t h a n is provided for any offence by this Act , so, however, t h a t no person be punished twice for t he same offence.
(II) I f the Jus t ices before w h o m a person is charged with a n
| offence | unde r | th is Act , t h i n k | t h a t | proceedings | o u g h t | to be t aken |
agains t s u c h p e r s o n for s u c h offence u n d e r any o t h e r Ac t o r o t h e r -
w i s e , t h e y m a y adjourn t he case to enable such proceedings to be
taken .
08. A person who is t he owner, agent , or manage r of any
mine , or a mine r or miner ' s agent , or t he father, son, or brother , or fa ther- in- law, son-in-law, or brother- in- law, of such owner, agen t , or manager , or of a mine r or miner ' s agent , or who is a director of a company be ing t he owner of a mine , shall no t sit in P e t t y Sessions or adjudicate in respect of any offence unde r this Act .
69 . W h e r e a fine is imposed under th is A c t for neg lec t ing to
send a not ice of any explosion or accident , or for any offence agains t t h i s Ac t wh ich has occasioned loss of life or personal in jury , t he Minis te r m a y (if he th inks fit) direct such fine to be paid to or d is t r ibuted a m o n g the persons injured, and the relat ives of any persons whose dea th m a y have been occasioned by the explosion, accident , or offence,
| or a m o n g | some of t h e m : Provided | t h a t — |
(I) such persons did not in his opinion occasion or con t r ibu te to
occasion t h e explosion or accident, and did no t commit a n d
were no t part ies to commi t t ing t h e offence ; (II)
t he fact of t he p a y m e n t or dis t r ibut ion shall no t in a n y way affect or be receivable as evidence in any legal proceeding re la t ive to or consequent ia l on t he explosion, accident , or offence.
save as aforesaid all fines recovered under this A c t shall be paid into
the Treasury and carried to t he Consolidated I levenue F u n d .
13 . Miscellaneous.
70. I f any question arises, otherwise t h a n in legal proceedings,
| w h e t h e r | a m i n e is a m i n e to which th is A c t applies, t h e quest ion | shall |
be referred to the Minister, whose decision thereon shal l be final.
7 1 . A n y order of or exempt ion granted b y t h e Minis te r unde r
th is Ac t may be made , and from t ime to t ime re\ 'oked or al tered b y the Minis ter , e i ther uncondi t ional ly or subject to such condit ions as he may see fit, and shal l be signed by the Minis ter or U n d e r Secretary.
D 72. 72. The special rules or special s ink ing rules which a t t h e commencemen t of this A c t arc in force in any mine unde r a n y A c t hereby repealed shall cont inue to be the special rules in such mine; un t i l superseded b y rules established unde r th is Ac t .
73 . U p o n the affidavit of any person t aken before any J u s t i c e
of t he Peace or Commissioner of the Supreme Court for t a k i n g affidavits c la iming to be l e g a l l y or equi tably interested in any mine
or in any land a d j o i n i n g o r n e a r to a n y o ther m i n e , t h a t the owner
of such l a s t - m e n t i o n e d mine is, o r is by t h e person m a k i n g such
affidavit, believed t o be encroaching upon such first-mentioned, mine or land, the Min i s te r m a y , by wr i t ing unde r his hand, author ise an inspector, together wi th a min ing surveyor or experienced miner , to enter upon such las t -ment ioned mine or land for t he purpose of ascer ta in ing w h e t h e r a n y such encroachment lias been made, a n d if so t he ex ten t thereof. B u t before g r a n t i n g such au thor i ty the Minis te r shal l requi re t h e person m a k i n g or lodging the affidavit to deposi t such a s u m of m o n e y not exceeding one hund red pounds as shall be necessary to cover t he cost of such inspection. The persons so authorised m a y thereupon en te r on the mine or l and described in such order and descend any shaft or enter any mine , and for such purpose use t h e engines and other mach ine ry ordinari ly employed for t h a t purpose b y t h e person whose shaft or m i n e shall be descended or entered, a n d m a k e such p lans and sections of t h e mine or l and entered upon and of a n y drives or other works there in as shall be necessary for t h e purpose aforesaid ; and the owner or agen t of t h e mine to be entered u p o n shall render all necessary assistance to the person so author ised. A n d every such inspector, o r surveyor, o r mine r shall, before en te r ing on such m i n e or land, m a k e a s t a tu to ry declarat ion before a n y person authorised to t ake t he same tha t he will no t (except as a witness in a Cour t of Jus t ice ) w i t h o u t t he consent in wr i t i ng of t he owner of t h e mine or land to be entered u p o n , d ivulge or cause to be d ivulged to any person w h o m s o e v e r any informat ion obtained upon or by such e n t r y save only as to w h e t h e r s u c h owner is encroaching on such first- ment ioned mine or land ; and every person who shall act con t ra ry to such declaration, and any owner or agen t w h o shall refuse such assistance as shall be necessary to e n a b l e t h e persons author ised b y the Minis ter to descend the shaft: or en te r a n d examine the mine , shall forfeit and pay a sum not exceeding t en pounds : Provided a lways t h a t t h e Minis ter may, out of the sum deposited as aforesaid, defray t h e cost of such inspection, and if such owner or agen t render such assistance as shall be necessary for t he purposes aforesaid, a n d if there be no encroachment , m a y ou t of such s u m award to such owner com pensat ion for any loss or expense to which he m a y be p u t by reason of such ins2)cction. 74. I n th i s Ac t , unless t he con tex t otherwise requires :—
" A g e n t , " w h e n used in relat ion to any mine , means a n y person appointed as t he representa t ive of the owner in respect of any mine , or of any par t thereof, and- as such superior to a
m a n a g e r appointed in pur suance of th i s Ac t .
" B o y " means a male u n d e r t he age of s ixteen years .
" I n s p e c t o r " — A n Inspec tor of Collieries referred to in or appointed
unde r this Ac t .
" Mine " includes every shaft in t he course of being sunk, a n d every level and inclined plane in t h e course of be ing driven, and all the s h a f t s , l e v e l s , p lanes , works, t r amways , and sidings, bo th below g round and above ground, in and adjacent to and belonging to t h e mine .
" O w n e r , " w h e n u s e d in relation to a n y mine , means any person or body corporate who is t he immediate p ropr ie to r or lessee,
or
or occupier of any mine , or of any pa r t thereof, and does no t include a person or body corporate who mere ly receives a royal ty , rent , or fine from a mine , or is mere ly t h e propr ie tor of a mine , subject to any lease, g ran t , or l icense for the work ing thereof, or is mere ly t h e owner of t h e soil, and not in teres ted in t he minera l s of t h e m i n e ; b u t a n y cont rac tor for t he work ing of any mine , or any pa r t thereof, shall be subject to this Ac t in l ike m a n n e r as if he were an owner, b u t so as not to exempt t h e owner from any liability.
" P l a n " includes a correct copy or t r ac ing of a n y original plan.
" S h a f t " includes pit . " The M i n i s t e r " means t h e Secretary for Mines .
" The T r e a s u r y " means t h e Colonial Treasury .
" U n d e r Secretary " means the U n d e r Secretary for Mines .
I f . Transitory Provisions and Repeal. 75. Al l orders m a d e by t h e Minis te r unde r t h e A c t repealed by
(his Act , wh ich are in force immedia te ly before t h e commencemen t of
| this Act , s h a l l be deemed to haA'c been | m a d e u n d e r th is | Ac t . |
76. A n y e n a c t m e n t or d o c u m e n t refer r ing to the A c t repealed
by this Ac t , or to any e n a c t m e n t thereof, shall be cons t rued to refer to
| th is Act , and to t h e corresponding enac tmen t s | thereof. |
77. The A c t t h i r t y -n in th Vic tor ia n u m b e r th i r ty-one is hereby
| repealed : | Provided t h a t th is repeal shall no t affect any exempt ion |
| granted, or o ther t h i n g done or suffered before | the commencemen t of |
this A c t ; and all offences commi t t ed and penal t ies incurred and pro ceedings commenced before t h e commencemen t of th i s A c t may be punished, recovered, cont inued, and completed in t he same m a n n e r as if th is A c t had no t passed.
S C H E D U L E S .
S C H E D U L E T.
Proceedings of Hoard for appointing Examiners.
1. The Boa rd shall mee t for t he despatch of bus iness , and shall from time to
t ime mako such regula t ions with respect to the summoning , notice, place, managemen t , and ad journment of such meet ings , and generally with respect to the t ransact ion and management of business, including the quorum at mee t ings of t h e Board , as they t h i n k lit, subject to t he following condit ions :—
(II) An ex t raord inary meet ing may be held a t a n y t i m e on t h e wr i t t en requis i t ion of th ree members of the Board addressed to the Chairman.
(/;) The q u o r u m to be fixed by the Board shall consist of no t less t h a n th ree
members .
(c)
Every question shall be decided by a majority of votes of the members present and voting on t h a t quest ion.
(</) The names of t he members p resen t as well as those vot ing upon each quest ion
shall be recorded.
(V)
\ o business shall be t ransac ted unless not ice in wri t ing of such business has boon sent to every member of the Board seven days a t least before t he meet ing .
2. The Board shall from t ime to t ime appoint some person to bo Chai rman and
one o ther person to be Vice-Chairman.
.'!. Tf a t any meei ing t he Chairman is no t p r e sen t a t the t ime appointed for holding the same, t he Vice-Cliainnau shall be t he Chairman of (lie mee t ing ; and if ne i the r t h e Cha i rman no r Vice-Chai rman shall bo present , then the members present shall choose some one of their number to bo Chai rman of such meet ing.
4. I n case of an equal i ty of votes a t any meet ing , t he Chai rman for t he t ime
being of such meet ing shall have a second or cast ing vote.
5. The appo in tmen t of an examiner may be made by a m i n u t e of the Boa rd signed hy the Chai rman.
6. The Boa rd shall keep minutes of their proceedings, which may be inspected or copied by the Min i s te r or any person author ised by him to inspect or copy the same.
7. The minu tes shall record the decision of t he examiners as to t he qualifications of appl icants for certificates, and shall s tate whether ail appl icant has qualified for a first or a second class certificate of competency.
8. The Board shall requi re t he examinat ion for certificates of competency to bo
par t ly by examinat ion papers and pa r t ly by oral examination.
S C H E D U L E I I .
Table of Maximum Fees to be paid in respect of Certificates.
Eirst-class Certificate. £ s. d.
B y an appl ican t for examinat ion ... ... ... . . . 2 0 0 F o r copy of certificate . . . ... . . . . . . . . . 0 5 0 Second-class Certificate.
B y an appl icant for examinat ion . ... . . . . . . . . . 1 0 0 E o r copy of certificate ... . . . . . . . . . . . . 0 2 U
S C H E D U L E I I I . " COAL MIXES REGULATION ACT OF 189G."
Form of Return.
T n r s form to be correct ly filled u p by the owner, agent , or manager , and sent to t he inspector of the district , on behalf of t he Minis ter , on or before twenty-first J a n u a r y
every year .
P A R T A .
T e a r end ing 3 1 December , I S .
N a m e of mine
Si tuat ion of mine
County
N a m e of owner (Company) N a m e of manage r
N a m e of under -manager
Pos ta l address
R E T U R N of persons ordinari ly employed dur ing the y e a r : —
U n d e r g round Boys unde r 16 Males above 1G
Total u n d e r g round
Above ground ( including those em Boys unde r 14
ployed on s id ingsandpr iva te branch
ra i lways and t r amways , and in Boys of 1-4 and under 16 ... cleaning, washing, and coking of
coal) . Males above 16 Total above ground
Total number of persons employee
unde r g r o u n d a n d aboveground . . .
Q u a n t i t y
Q u a n t i t y of Mine ra l wrough t dur ing t h e year .
Number of statute tons T T I
, , V ulue.
Mineral wrought . wrouglit .
Coal
Shale-oil shale
| Shale used for other purposes | ... |
The N u m b e r of Days in each M o n t h on which Coal or Shale has been drawn.
Number of days on which coal or
shale was drawn.
J a n u a r y
| F e b r u a r y | . . . |
| March Apr i l | |
| M a y | |
| J u n o | |
| J u l y | |
| A u g u s t | |
| S e p t e m b e r . . . | |
| Oc tober | |
| November | . . . |
| December | . . . |
day of I S . {Signed')
P A H T B .
N a m e of Mine
Diameter anil depth of downcast and Airways. Number of splits
Number of splits
upcast shafts. w e r a g e w e r a g e
w e r a g e total total
totaland
and quanti ty.
quanti ty. quanti ty of fresh quanti ty of fresh
quanti ty of fresh
Mode of
Mode of
Mode of
Mode of Length
Length Sectional
Sectional air per minute. air per minute. air per minute.
Name
Name
Name
| Name | ventilation, | |
| ventilation, | ||
| ventilation, | ||
|
of splits. area. area.
Downcast. Upcast.
Upcast. of splits.
of
of
of
| of | with | |
| with | ||
| with | ||
|
Quantity
seam.
seam.
seam.
| seam. | description. | |
| description. | ||
| description. | ||
|
in cubic
Splits.
Splits.
Diameter Depth Diameter Depth feet per
feet per Square
Yards. Cubic feet.
in feet. in feet. in feet. in feet. minute.
minute. feet.
No, X I I I .
0
0
0