Coal Mines Regulation Act 1902 (NSW)
Act No. 73, 1902.
An Act to consolidate enactments relating to the regulation of Coal Mines and Collieries. [9th September, 1902.]
BE i t enacted by t h e t h e advice and consent of t he Legis la t ive Council and Legis la t ive
K i n g ' s Mos t Exce l l en t Majes ty , by and wi th
Assembly of N e w Sou th W a l e s in Pa r l i amen t assembled, and by the au tho r i t y of t he same, as follows :—
1 . (1) This Act m a y be cited as the " C o a l Mines Regu la t i on
Ac t , 1902 ," and is divided in to P a r t s , as follows :—
P A R T I . — M I N E S R E G U L A T I O N —
D I V I S I O N 1 .— Certificated managers, under-managers, and
engine-drivers—ss. 4 - 1 5 .
D I V I S I O N 2.—Inspection—ss. 16 -24 . D I V I S I O N 3 .—Arb i t ra t ion—s . 25. D I V I S I O N 4 . — Coroners—s. 26.
D I V I S I O N 5.— l ieturt/s, plan, notices, and abandonment —ss. 2 7 - 3 3 .
D I V I S I O N 6.—F/mploymcnt of boys and females—ss. 3 4 - 3 6 .
D I V I S I O N 7-—Wages—ss, 3 7 - 4 2 . D I V I S I O N
D I V I S I O N 8.—Single shafts—ss. 4 3 - 4 5 .
D I V I S I O N 9 .—Division of mine into parts—s. 4 6 .
P A R T I I . — R U L E S -
D I V I S I O N 1.— General rules—ss. 4 7 - 4 9 . D I V I S I O N 2.—Special rules—ss. 5 0 - 5 6 .
D I V I S I O N 3 .—Pub l i ca t ion of abstract of Act and of special
rules—ss. 5 7 , 5 8 .
P A R T I I I . — S U P P L E M E N T A L —
D I V I S I O N 1.—Legal proceedings—ss. 5 9 - 6 8 .
D I V I S I O N 2.—Miscel laneous—ss. 6 9 - 7 2 . 2 . ( 1 ) The Acts ment ioned in t h e F i r s t Schedule to this Ac t are
| to t h e ex t en t the re in expressed hereby | repealed. |
( 2 ) Al l rules, regula t ions , and orders m a d e or established,
or deemed to have been m a d e or established, a l l notices given or posted, all abst racts posted, all documents supplied, al l certificates g ran ted , all appo in tmen t s made , a n d every o ther m a t t e r or t h i n g duly
| done unde r | or by v i r t u e | of t he provisions of a n y enac tmen t | hereby |
| repealed and in force, cur ren t , or operat ive | a t t h e commencemen t of |
| this A c t shall be of t h e same force and effect i n al l respects as if | this |
A c t h a d been in force w h e n t h e y were so made , established, given, granted , posted, supplied, or done, and t hey h a d been made , established, given, granted , posted, supplied, or done he reunder .
3 . ( 1 ) I n th is Act , unless t h e contex t o therwise indicates or
requ i res ,—
" A g e n t , " when used in relat ion to any mine , means a n y person appointed as the representa t ive of t h e owner in respect of any mine , or of any pa r t thereof, a n d as such superior to a manage r
appoin ted in p u r s u a n c e of th is Act . " Boy " means a male unde r the age of s ixteen years .
" Inspec to r , " means an inspector of collieries referred to in or
appointed unde r th i s Act .
" Mine " includes every shaft in t h e course of be ing sunk, and every level and incl ined p lane in t h e course of be ing dr iven, and all the shafts, levels, planes , works , t r amways , and sidings, bo th below ground and above g round , in and adjacent
to and be longing to t h e mine .
" O w n e r , " w h e n used in re la t ion to a n y mine , means any person or body corporate who is t he i m m e d i a t e propr ie tor , or lessee, or occupier of a n y mine, or of any par t thereof, and does not include a person or body corporate who merely receives a royalty, rent , or fine from a mine , or is mere ly t he propr ie tor of a mine , subject to any lease, g ran t , or license for t he working thereof, or is mere ly t he owner of t h e soil, and no t
interes ted
in teres ted in t h e minera ls of t h e m i n e ; h u t any cont rac tor for t h e w o r k i n g of any mine , or a n y p a r t thereof, shall be subject to th i s Ac t in l ike m a n n e r as if he were an owner,
b u t so as no t to e x e m p t t h e owner from any l iabil i ty.
" P l a n " includes a correct copy or t rac ing of any original p lan .
" Shaft " inc ludes pi t ." The Min i s te r " means t h e Secretary for Mines .
(2) This Ac t shal l apply to mines of coal and mines of shale.
P A R T I .
M I N E S R E G U L A T I O N .
D I V I S I O N 1 .— Certificated managers, under-managers, and engine-drivers.
4 . (1) Eve ry m i n e shall be u n d e r a manage r , who shall be
responsible for t he control , m a n a g e m e n t , and direct ion of t h e mine ,
a n d t h e owner or agen t of every such m i n e shal l nomina te himself or some o ther person to be t he m a n a g e r of such mine , a n d shal l send
wr i t t en not ice to t h e inspector of t h e distr ict of t h e m a n a g e r ' s n a m e and address.
(2) A person shal l no t be qualified to be a m a n a g e r of a mine unless he is for t h e t ime be ing regis tered as t h e holder of a first- class certificate of competency or a certificate of service as m a n a g e r unde r th i s Act , or u n d e r t he I m p e r i a l Ac t fifty and fifty-one Victoria ,
chap te r fifty-eight, or any A c t t he reby repealed.
(3) I f any m i n e is worked for more t h a n four teen days
w i thou t t he re be ing such a m a n a g e r for t h e m i n e as is required by
th is section, t h e owner or agen t of t h e m i n e shal l be l iable to a fine
no t exceeding fifty pounds , a n d to a fu r the r fine no t exceeding five
pounds for every clay d u r i n g which the m i n e is so w o r k e d ; provided t h a t —
(a) the owner or agent of the mine shall not be liable to any such fine if he proves t h a t he had t a k e n all reasonable means by t h e enforcement of th i s sect ion to p reven t t h e 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
m a n a g e r of a m i n e qualified as required by th is section, t he
owner or agen t of t he m i n e m a y appoin t a n y competen t person not ho ld ing a certificate u n d e r th i s A c t to be manager , for a period n o t exceeding two m o n t h s or such longer period as m a y elapse before such person has an oppor tun i ty in t h e
distr ict
distr ict where in t h e mine is s i tuate of obta in ing by examina t ion a certificate unde r this Act , and shall send to the inspector of t h e distr ict a wr i t t en not ice of t he m a n a g e r ' s
n a m e and address, a n d of t he reason for his appo in tmen t .
( 4 ) I n the case of a m i n e in which not more t h a n t w e n t y
| persons are employed, i t shall be sufficient | for t he m a n a g e r to hold a |
| pe rmi t from an inspec to r ; | such pe rmi t shal l r ema in in force for twelve |
mon ths , b u t may be renewed a t the option of t he inspector .
5 . (1) I n every mine requi red by th is A c t to be under t h e
control of a certificated manager , daily personal supervision shall be exercised e i ther by t he m a n a g e r or by an under -manager , nomina ted in wr i t ing b y t h e owner or agen t of t he mine .
(2) Every unde r -manage r so nomina ted m u s t hold e i ther a
| first-class or second-class certificate u n d e r th i s Act , or unde r | t he |
I m p e r i a l A c t fifty and fifty-one Victoria, chap te r fifty-eight, or a n y A c t the reby repealed, or a certificate of service unde r section e ight of this Act, or u n d e r any of t he said I m p e r i a l Acts , and shall, in t h e absence of t h e manager , have the same responsibil i ty and be subject to t he same liabilities as t he manage r unde r th is A c t ; b u t the nomina t ion of an unde r -manage r shal l not affect t h e personal responsibil i ty of the
| m a n a g e r | u n d e r | this | Act . |
(3) A contractor for ge t t i ng minera l in any mine , or person
employed by such a contrac tor , is no t eligible for t h e post of m a n a g e r
| or unde r -manage r | of t ha t m i n e under th is | Ac t . |
6. ( 1 ) There shall be two descript ions of certificates of com
| petency u n d e r th is | A c 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, |
t ha t is t o say, certificates of fitness to be u n d e r - m a n a g e r ; b u t no person shall be ent i t led to a certificate of competency unde r th is Act unless he has had pract ical exper ience in a mine for a t least five years .
( 2 ) For t he purpose of ascer ta in ing the persons to receive
certificates of competency for t he purposes of this Act , examiners shall
| be appointed by a board consist ing of— |
(a)
three persons being owners or agents of mines in New South W a l e s ;
( 6 ) th ree persons employed or who have been employed in or abou t any mine in
N e w South W a l e s no t be ing owners ,
agents , or managers of a mine ; and
(c) th ree persons prac t i s ing as m i n i n g engineers or manager s of
mines in N e w South W a l e s ; and
(d) one inspector unde r th is Ac t .
(3) The members of t he board shall be appointed and may
be removed by the Minis ter , and shal l hold office du r ing his p leasure .
( 4 ) The proceedings of t h e board shall be in accordance wi th
t he ru les conta ined in the Second Schedule to this Ac t .
2 1 ( 5 )
( 5 ) The hoard, shall from t ime to t ime appoin t examiners , no t
be ing m e m b e r s of t he board excep t w i th t h e consent of t he Minis ter , to conduc t the examina t ion of appl icants for certificates of competency unde r th is Act , and m a y make , a l ter , and revoke rules as to t h e conduct of such examina t ions and t h e qualifications of t h e appl icants , so, however, t h a t in every such examina t ion rega rd shal l be had to such knowledge as is necessary for t h e pract ical work ing of mines in N e w South Wales , a n d t h a t t he examina t ion and qualifications of appl icants for second-class certificates shal l be sui table for pract ical work ing miners .
( 6 ) The board shall m a k e to t h e Minis ter a repor t of the i r
proceedings, and of such o ther m a t t e r s as t he Min is te r m a y require .
7 . The Minis te r m a y m a k e , a l ter , and revoke rules as to t h e
places and t imes of examina t ions of app l ican t s for certificates of competency u n d e r th i s Act , t h e n u m b e r and r e m u n e r a t i o n of t h e examiners , and t h e fees to be paid by t h e appl ican ts , so t h a t t he fees do n o t exceed those specified in t h e Thi rd Schedule to this Act . E v e r y such ru le shal l be observed by t h e board appoin ted unde r this Ac t .
8. (1) A certificate of service shal l be g ran ted by the Min i s te r
to every person w h o satisfies h i m e i ther t h a t before t he first day of October, one thousand e igh t h u n d r e d and n inety-s ix , h e was ac t ing , a n d has since t h a t da te acted, or t h a t he has a t a n y t ime wi th in five years before t h e said date , for a period of no t less t h a n twelve mon ths , acted in t h e capaci ty of a n inspector or of a m a n a g e r of a mine or such p a r t of a mine as can u n d e r th i s A c t be m a d e a separate m i n e for t he purposes of th is Act .
(2) A certificate of service shall he g ran ted by the Minis te r to every person who satisfies h i m ei ther t h a t before t h e said da te he was exercis ing, and has since t h a t da te exercised, or t ha t h e l m s a t any t ime wi th in five years before t he said date , for a period of not less t h a n twelve mon ths , exercised funct ions subs tan t ia l ly corresponding to those of an unde r -manage r in a mine .
( 3 ) Eve ry such certificate of service shal l conta in par t icu la rs
of t h e n a m e , place, and t ime of bir th , and the l eng th and na tu r e of t he previous service of t h e person to w h o m t h e 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 h e pa r t i cu la r s aforesaid, or to pay such regis t ra t ion fee as t h e Min is te r m a y direct , no t exceeding t h a t ment ioned in t h e Thi rd Schedule to th is Ac t .
( 4 ) A certificate of service g ran ted unde r th i s section to an
inspector or a m a n a g e r shal l have t he same effect for the purposes of th is Ac t as a first-class certificate of compe tency g ran ted unde r th is A c t ; and a certificate of service granted u n d e r this section to an under - m a n a g e r shall have t h e same effect for t h e purposes of this Ac t as a second-class certificate of competency gran ted unde r th i s Act .
( 5 )
( 5 ) Before granting a certificate of service to a manager or
under-manager the Minister shall require the applicant to produce
satisfactory evidence of his sobriety and general good conduct.
( 6 ) N o certificate of service shall he granted in terms of this
section unless it be proved by statutory declaration that during the twelve months aforesaid there has been an average of not less than thirty miners employed below ground under the control and supervision
of the applicant for the said certificate.
(7) A certificate of competency or of service granted under
the Imperial A c t fifty and fifty-one Victoria, chapter fifty-eight, or
under any A c t repealed thereby, or any other certificate of competency
or service approved by the examiners, shall be equivalent in all respects
to a similar certificate granted under this Ac t .
9. (1) The Minister shall deliver to every applicant who is duly reported by the examiners to have passed the examination satisfactorily, and to have given satisfactory evidence of his sobriety, experience, ability, and general good conduct, such a certificate of competency as the case requires. The certificate shall be in such form as the Minister directs.
( 2 ) A register of the holders of certificates of competency or
service under this A c t and under any of the Imperial Acts aforesaid within the State shall be kept by such person and in such manner as the Minister directs.
10. I f at any time representation is made to the Minister by an inspector or otherwise that any manager or under-manager holding a certificate under this A c t or under any Imperial A c t is by reason of incompetency or gross negligence, unfit to discharge his duties, or has been convicted of an offence against this Ac t , the Minister may cause inquiry to be made into the conduct of the manager or under-manager, and with respect to every such inquiry the following provisions shall have effect—
(a) the inquiry shall be public, and shall be held at such place as the Minister may appoint by such District Court Judge, police magistrate, or stipendiary magistrate, as may be directed by the Minister, and either alone or with the assistance of any assessor or assessors named by the Minister ;
(b)
the Minister shall, before the commencement of the inquiry, furnish to the manager or under-manager a statement of the case on which the inquiry is instituted ;
(c)
some person appointed by the Minister shall undertake the management of the case ;
(d)
the manager or under-manager may attend the inquiry by himself, his counsel, solicitor, or agent, and may, if he thinks fit, be sworn and examined as an ordinary witness in the case ;
(e)
(e)
the person or persons appointed to hold the inquiry, in this section and in section eleven referred to as t h e cour t , shall , on t h e conclusion of t he inqui ry , send to t he Minis te r a r epor t con ta in ing a full s t a t emen t of t h e case, and t h e opinion of
t he cour t thereon , and such repor t of or ex t rac t s from the
evidence as t h e cour t t h i n k s f i t ; ( f )
t he cour t m a y cancel or suspend t h e certificate of t h e manage r or unde r -manage r if i t finds t h a t h e is by reason of incompetency or gross negl igence, or of his h a v i n g been convicted of any offence aga ins t th i s Ac t , unfit to discharge
his d u t y ; (g)
t h e cour t may requi re a m a n a g e r or u n d e r - m a n a g e r to deliver u p his certificate, and if any m a n a g e r or u n d e r - m a n a g e r fails w i thou t sufficient cause to t h e sat isfaction of t h e cour t to comply w i t h such requis i t ion, he shal l be l iable to a fine n o t exceeding one h u n d r e d pounds . The cour t shall hold a certificate so del ivered u n t i l t h e conclusion of the invest igat ion, and shal l t hen ei ther restore, cancel , or suspend the certificate
according to its j u d g m e n t on t h e case ; (h) t h e cour t shal l have for t h e purpose of t h e inqui ry , all t h e powers of a Cour t of P e t t y Sessions, and al l t h e powers of an inspector under th i s A c t ; (i)
t h e cour t m a y also, by s u m m o n s signed b y the court , r equ i re t h e a t t endance of all such persons as it t h inks fit to s u m m o n a n d examine for t he purpose of the i n q u i r y ; and every person so s u m m o n e d shal l be al lowed such expenses as would be
al lowed to a wi tness a t t e n d i n g on subpoena before t h e Supreme Cour t in i ts Common L a w ju r i sd i c t ion ; and in case of dispute as to t h e a m o u n t to be allowed, t h e same shall be referred by the cour t to t h e P ro thono ta ry , who, on r eques t signed by t h e court , shal l ascer tain and certify t h e proper
a m o u n t of such expenses.
11. (1) The cour t m a y m a k e such order as i t t h i n k s fit
respect ing t h e costs and expenses of t he inqu i ry , and such order shall, on t he appl icat ion of any pa r ty ent i t led to the benefit thereof, be enforced by any s t ipendiary or police mag i s t r a t e or any two just ices of t h e peace in pe t ty 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. (2) The Min i s te r m a y pay to t h e person or persons con
s t i t u t ing t h e court , i nc lud ing any assessors, such r emunera t ion as he
m a y appoint . ( 3 ) A n y costs and expenses ordered by the cour t to be pa id
by the Minis ter , a n d any r emune ra t i on pa id unde r th is section, shal l
be paid ou t of moneys provided by Pa r l i amen t .
12. (1) W h e r e a certificate of a m a n a g e r or unde r -manage r is
cancelled or suspended in pursuance of this Act , t h e Minis te r shal l cause t h e cancellat ion or suspension to he recorded in t h e regis ter of holders of certificates.
(2) The Minis te r m a y a t any t ime, if it is shown to h i m to be j u s t so to do, renew or restore, on such t e rms as he t h inks fit, any certificate which has been cancelled or suspended in pu r suance of th is Act , a n d cause t h e renewal or res tora t ion to be recorded in t he register aforesaid.
13. W h e n e v e r a n y person proves to t he satisfaction of t h e
| Min is te r t h a t | he has , w i thou t faul t on his pa r t , lost or | been | deprived |
| of any certificate | g ran ted | to h i m | unde r | th is A c t | or u n d e r | any | I m p e r i a l |
A c t t h e Min i s te r shall, on p a y m e n t of such fee, if any, as he directs , b u t no t exceeding t h e fee specified in t h e Third Schedule to this 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 m a d e out and certified by the person who keeps t he register , and delivered to t he a p p l i c a n t ; and any copy which pu rpor t s to be so made and certified as aforesaid shal l have ail t h e effect of t he original certificate.
14. (1) Al l expenses incur red by t h e Min i s te r in ca r ry ing in to
effect t h e provisions of th is Act w i th respect to certificates of com pe tency and service shall be defrayed out of moneys provided by P a r l i a m e n t .
(2) Al l fees payable by the appl ican ts for examina t ion for
or for a copy of a certificate unde r this A c t shall be paid in to the
Treasury as t h e Treasurer directs, and be carr ied to t he Consolidated
| R e v e n u e | Fund. |
15. E v e r y person who commits any of the following offences,
t h a t is to say—
(1) forges, or counterfei ts , or knowing ly m a k e s any false state
m e n t in any certificate of competency, or of service granted
u n d e r th i s Act or t he Imper i a l Ac t fifty and fifty-one Victoria chap te r fifty-eight, or any Act repealed thereby, or any official
copy of a n y such cer t i f icate; or
(2) knowingly u t te rs or uses any such certificate or copy which
has been forged or counterfei ted or conta ins any false state
m e n t ; or
( 3 ) for t he purpose of ob ta in ing for himself or any o ther person employment as a certificated m a n a g e r or unde r -manage r , or t he g ran t , renewal , or res torat ion of any certificate under this A c t or unde r any 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 ta tement
or evidence which is false in a n y pa r t i cu la r ; or (b)
(b) knowingly utters, produces, or makes use of any such
declara t ion, representa t ion , s t a t emen t , or evidence, or a n y
document con ta in ing t he same,
shal l be gui l ty of a misdemeanour , a n d be liable on convict ion to impr i sonment for a t e r m no t exceeding two years , wi th or w i thou t h a r d labour .
D I V I S I O N 2 .—Inspec t ion .
16. The persons who, on t h e first day of October, one thousand
e igh t h u n d r e d and ninety-s ix , were ac t ing as inspectors u n d e r t h e A c t
t h i r t y - n i n t h Victor ia n u m b e r th i r ty -one , and a re still con t inu ing to ac t as such u n d e r t he Ac t hereby repealed, shall cont inue to ac t in t h e same manne r , and general ly to be in t he same position, as if t hey had been respect ively appointed u n d e r th is Act .
17. (1) The Minis te r m a y appoin t duly qualified persons to be
inspectors (under wha tever t i t le he m a y fix) of mines , and assign t h e m the i r dut ies , and m a y award t h e m such salaries as he th inks fit or
P a r l i a m e n t approves , and m a y remove any such inspector .
(2) Not ice of t h e a p p o i n t m e n t of every such inspector shal l
be publ i shed in the Gazet te .
( 3 ) E v e r y such inspector is referred to in this A c t as a n
inspector , and t h e inspector of a d is t r ic t means t h e inspector who is
for t h e t i m e be ing assigned to t he distr ict or por t ion of N e w South "Wales w i th reference to which t he t e rm is used.
( 4 ) Eve ry inspector u n d e r th i s Ac t , shall hold a first-class
certificate of competency or service as hereinbefore provided in rega rd to manage r s , b u t for t h e purposes of th is A c t service as an inspector of collieries will be equiva lent to service as m a n a g e r of a m i n e .
18. A n y person who pract ises or acts as or is a p a r t n e r of a n y
person who practises or ac ts as a land agen t or m i n i n g engineer , or as
a manager , viewer, agent , or va lue r of mines , or a rb i t ra tor in a n y
difference ar i s ing be tween owners , agen ts , or manager s of mines , or is otherwise employed in or abou t any mine , or is a miner ' s agen t or a
mine-owner (whether t h e m i n e is one to w h i c h th is A c t applies or not) shall n o t ac t as an inspector of mines unde r this Act , and no inspector shall be a pa r tne r or have any in te res t direct or indirect in a n y m i n e
in t he distr ict u n d e r his charge . 19. (1) A n inspector u n d e r th i s A c t shal l have power to do all
or any of t h e following th ings , n a m e l y —
(a) to m a k e such examina t ion and inqu i ry as m a y be necessary
to ascer ta in w h e t h e r t h e provisions of th i s A c t r e l a t ing to
m a t t e r s above g round or below g round are complied wi th in
t h e case of a n y m i n e ; (b) to enter , inspect , and examine any mine , and every p a r t thereof, a t a l l reasonable t imes by day and n igh t , b u t so as
no t t o i m p e d e or obs t ruc t t h e w o r k i n g of t h e m i n e ;
(c)
(c) to examine in to and m a k e inqu i ry respect ing t he s ta te and condi t ion of any m i n e or p a r t thereof, and the vent i la t ion of t he mine , and the sufficiency of the special ru les for t he t ime be ing in force in t he mine , and all m a t t e r s and th ings connected wi th or re la t ing to t h e safety of t h e persons employed in or about t h e mine or any m i n e con t iguous there to , or t he care and t r e a t m e n t of t h e horses and o ther an imals used in t h e mine ;
(d) to exercise such other powers as may be necessary for
ca r ry ing this Ac t into effect.
(2) Eve ry person who wilfully obs t ruc ts any inspector in t h e execu t ion of his du ty u n d e r th i s Act , and every owner, agen t , and m a n a g e r of a m i n e who refuses or neglec ts to furnish to t he inspector t he means necessary for m a k i n g any en t ry , inspection, examina t ion ,
| or inqu i ry u n d e r | th i s | Act, | in relat ion to t h e mine , shall | be | gu i l ty of |
an offence agains t this Act .
20. (1) If in any respect (which is no t provided aga ins t by any express provision of this Ac t or by a n y special rule) any inspector finds any mine or any pa r t thereof, Or any ma t t e r , t h ing , or pract ice in or connected wi th any such mine , or wi th t he control , m a n a g e m e n t , or d i rect ion thereof by the manage r to be dangerous or defective, so as in his opinion to th rea t en or tend to t he bodily in jury of a n y person, he m a y give not ice in wr i t i ng thereof to t h e owner , agen t , or m a n a g e r
| of t he mine , and shall | s ta te in t h e not ice t h e par t icu la rs | in | which | he |
considers t he m i n e or any pa r t thereof, or any m a t t e r , t h ing , or prac t ice to be dangerous or defective, and requi re t h e same to be remedied, and shall, unless the same be for thwi th remedied, repor t t he
| same; to t h e | Minis ter . | |
|
| remedy t h e m a t t e r complained of in t h e not ice he may , wi th in t en days after t he receipt of t he not ice, send his object ion in wr i t ing , s ta t ing t he grounds thereof to the Minis ter , and the reupon t h e m a t t e r | shall | be | de termined by a rb i t ra t ion | in | m a n n e r | provided by th is | Ac t , |
| and t h e da te of t he receipt of t he objection shal l be deemed to be | t h e |
| date of t h e reference. |
( 3 ) I f t he owner, agen t , or m a n a g e r fails, w h e n no objection
is sent as aforesaid, to comply wi th t h e requis i t ion of t h e not ice within t e n days after the expirat ion of t he t ime for objection, or w h e n the re
| has been an a rb i t ra t ion to comply wi th t h e award wi th in t he t ime | fixed |
b y t h e award, he shall be gui l ty of a n offence aga ins t th is Act, and t h e not ice and award shall respectively be deemed to be wr i t t en not ice of
| t h e | offence: |
Provided t h a t the court , if satisfied t h a t t he owner, agent , or
m a n a g e r has t a k e n act ive measures for comply ing w i t h t h e not ice or
award , b u t has not , wi th reasonable dil igence, been able to comple te t he
works ,
works , m a y adjourn a n y proceedings t a k e n before t h e m for pun i sh ing t h e offence, and, if t h e works are comple ted wi th in a reasonable t ime , no pena l ty shall be inflicted.
( 4 ) N o person shal l be prec luded by a n y ag reement f rom
doing, or be l iable unde r any con t rac t to any pena l ty or forfei ture for doing, such acts as m a y be necessary in order to comply wi th t h e provisions of th is section.
21. E v e r y inspector of a district u n d e r th i s A c t shall m a k e a n
a n n u a l repor t of his proceedings du r ing t h e preceding year to t he Minis ter , which repor t , w h e n embodied in t he a n n u a l repor t of t he
D e p a r t m e n t of Mines , shall be laid before bo th Houses of Pa r l i amen t . 22. W h e r e in any m i n e an explosion or accident has caused loss of life or personal in ju ry to any person, t h e Minis te r may a t any t ime direct a n inspector to m a k e a special repor t w i th respect t o t h e explosion or accident .
23. W h e r e it appears to t he Minis te r t h a t a formal inves t igat ion
of a n y explosion or accident a n d of i ts causes a n d c i rcumstances is expedient , t he Minis te r m a y direct such inves t iga t ion to be held, and wi th respect to any such inves t iga t ion t he following provisions shal l have effect—
(1) The Min i s te r m a y appoint a competen t person to hold t h e invest igat ion, and m a y appoin t any person or persons possessing legal or special knowledge to ac t as assessor or assessors in holding the invest igat ion.
(2) The person or persons so appoin ted (hereinafter called t he
cour t ) shal l hold t h e inves t iga t ion in open cour t , in such m a n n e r and unde r such condit ions as t he cour t m a y t h i n k most effectual for ascer ta in ing the causes and c i rcumstances of t h e explosion or accident , and enabl ing t h e cour t to m a k e t h e report in this section ment ioned .
( 3 ) The cour t shal l have for t he purpose of t h e invest igat ion all
cour t in hea r ing informat ions for offences aga ins t th i s Ac t , t h e powers of a cour t of pe t ty sessions w h e n ac t ing as a
a n d al l t h e powers of a n inspector u n d e r th i s Act , a n d in
addit ion t he following powers , n a m e l y — (a) to en te r and inspect a n y place or bu i ld ing , the en t ry or inspect ion whereof appears to t h e cou r t requis i te for t h e
said p u r p o s e ; (6) by s u m m o n s signed b y the cour t , to r equ i r e t h e a t t endance of all such persons as i t t h i n k s fit to cal l 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 inquir ies as i t t h i n k s fit
to m a k e ; (c)
to r equ i re t h e product ion of all books, papers , p lans , a n d
documen t s which i t considers i m p o r t a n t for t h e said
p u r p o s e ; (d)
(d)
to require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.
(4 ) Persons attending as witnesses before the court shall be allowed such expenses as would be allowed to witnesses attending before the Supreme Court in its Common L a w jurisdiction; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to the Prothonotary, who, on request signed by the court, shall ascertain and certify the proper amount of the expenses.
( 5 ) The court holding an investigation under this section shall make a report to the Minister, stating the causes of the explosion or accident and its circumstances, and adding any observations which the court thinks right to make.
( 6 ) A l l expenses incurred in and about an investigation under
this section (including the remuneration of any person
appointed to act as assessor) shall be deemed to be part of the
expenses of the Minister in the execution of the Ac t .
(7) A n y person who without reasonable excuse (proof whereof shall lie on him) either fails, after having had the expenses
(if any) to which he is entitled tendered to him, to comply
with any summons or requisition of a court holding an inves tigation under this section, or prevents or impedes the court in the execution of its duty, shall for every such offence be liable to a fine not exceeding ten pounds, and in the case of a failure to comply with a requisition for making any return or producing any document shall be liable to a fine not exceeding ten pounds for every day that such failure continues.
24. The Minister may cause any special report of an inspector
or any report of a court, under this Part of this Ac t , to be made public
| at such time and in such manner as he may think fit. |
D I V I S I O N 3.—Arbitration.
25. W i t h respect to arbitrations under this Ac t , the following
provisions shall have effect, and except where they are inconsistent, with the provisions of this A c t the provisions of the Arbitration A c t , 1902, shall apply to arbitrations under this A c t —
(a)
the parties to the arbitration are in this section deemed to be the owner, agent, or manager of the mine on the one hand, and the inspector of mines (on behalf of the Minister) on the other;
(b)
each of the parties to the arbitration may, within fourteen days after the date of the reference, appoint an arbitrator;
(c)
(c)
every person w ho is appointed an arb i t ra tor unde r th i s section shall be a prac t ica l m i n i n g engineer or a person accustomed
to t he work ing of mines , and no person shall ac t as a rb i t r a to r
or u m p i r e , u n d e r th i s Act , who is employed in, or in t h e
m a n a g e m e n t of, or is in teres ted in t h e mine to which t h e
a rb i t ra t ion r e l a t e s ; (d)
t he appo in tmen t of a n a rb i t ra to r u n d e r th is section shall be
in wr i t ing , and not ice of t h e a p p o i n t m e n t shall be for thwi th
sent to revoked wi thou t t h e consent of t h a t pa r ty ;
t he
o ther p a r t y to t h e arbi t ra t ion ,
and
shal l
no t
be
(e) t h e dea th , removal , or other change in any of t h e par t ies to t he
arbi t ra t ion shall no t affect t h e proceedings unde r th is sec t ion ;(f)
if wi th in t h e said four teen days e i ther of t he part ies fail to appoin t an arbi t ra tor , t he a rb i t ra to r appoin ted by t h e o ther
p a r t y m a y proceed to hea r a n d de te rmine t he m a t t e r in
difference, and in t h a t case t h e award of t he single a rb i t ra tor
shall be final; (g) if before an award has been made a n y a rb i t ra tor appoin ted by e i ther pa r ty dies or becomes incapable to act , or for seven days refuses or neglects to act , t h e p a r t y by w h o m such a rb i t r a to r was appo in ted m a y appo in t some other person to ac t in his place, a n d if h e fails to do so wi th in seven days after not ice in wr i t i ng from the o ther pa r ty for t h a t purpose,
t h e r ema in ing a rb i t r a to r m a y proceed to hear and de te rmine
t h e m a t t e r in difference, and in t h a t case t he award of t he
single a rb i t r a to r shal l be f ina l ;
(h) i n ei ther of t h e foregoing cases where an a rb i t r a to r is empowered to ac t s ingly on one of t h e par t ies fai l ing to appoint , t he pa r ty so fail ing m a y , before t h e single a rb i t ra to r
has ac tua l ly proceeded in t h e a rb i t ra t ion ,appoin t an arb i t ra tor , who shall t hen ac t as if no failure h a d occurred ;
(i) if
t h e a rb i t ra tors fail to m a k e t h e award wi th in twen ty -one days after the day on wh ich t h e last of t h e m was appointed ,
or w i th in such ex tended t i m e (if any) as m a y have been appoin ted for t h a t purpose by bo th a rb i t ra tors unde r the i r
hands , t h e m a t t e r in difference shal l be de te rmined by the
u m p i r e appointed as here inaf ter ment ioned ;
(J) t h e arb i t ra tors , before they en te r on t h e m a t t e r referred to
t hem, shall appoint , by wr i t i ng unde r the i r hands , an u m p i r e to decide on points on which they m a y differ;
(k)
if the umpire dies or becomes incapable of acting before he has made his award, or refuses to m a k e his award wi th in a reasonable t ime after t h e m a t t e r has been b rough t wi th in his cognizance, t h e persons or person w ho appo in ted such umpi re
shal l for thwi th appo in t ano the r u m p i r e in his place ;
(0
(l)
if the arbitrators refuse or fail, or for seven days after the request of either party neglect to appoint an umpire, then, on the application of either party, an umpire shall he appointed by the Minister, and such umpire shall he a District Court Judge or a Chairman of Quarter Sessons within the jurisdic
tion of which the mine or any shaft of the mine is situate ;
(m) the decision of every umpire on the matters referred to him shall he final; (n) if a single arbitrator fails to make his award within twenty- one days after the day on which he was appointed, the party who appointed him may appoint another arbitrator to act in
his place ;
(o) arrangements shall, wherever practicable, be made for the matter in difference being heard at the same time before the arbitrators and the umpire ; (p) the arbitrators and the umpire, or any of them, may examine the parties and their witnesses on oath, and may also consult any counsel, engineer, or scientific person whom they may think it expedient to consult; (q) the payment (if any) to be made to any arbitrator or umpire for his services shall be fixed by the Minister, and, together with the costs of the arbitration and award, shall be paid by
the parties, or one of them, according as the award directs. Such costs may be taxed by the Prothonotary, who, on the
written application of either of the parties, shall ascertain
and certify the proper amount thereof. The amount (if any)
payable by the Minister shall be paid as part of the expenses
of inspectors under this Ac t . The amount (if any) payable
by the owner, agent, or manager may, in the event of non
payment, be recovered in the same manner as fines under
this Ac t .
D I V I S I O N 4 . — Coroners.
26. (1) With, respect to coroners' inquests on the bodies of persons whose death may have been caused by explosions or accidents
in or about mines, the following provisions shall have effect—
(a) where a coroner holds an inquest on the body of any person whose death may have been caused by any explosion or
accident, of which notice is required by this A c t to be given
to the inspector of the district, the coroner shall adjourn the
inquest, unless an inspector, or some person on behalf of the
Minister, is present to watch the proceedings ;
(b) the coroner, at least four days before holding the adjourned inquest, shall send to the inspector for the district notice in writing of the time and place of holding the adjourned inquest;
(c)
(c) t h e coroner, before t h e ad jou rnmen t , m a y t ake evidence to
identify t he body, and m a y order the i n t e r m e n t thereof ;
(d) if an explosion or accident has not occasioned the death of more t h a n one person, a n d t h e coroner has sent to t he inspector of t h e distr ict not ice of t he t i m e and place of hold ing the inques t a t such t ime as to reach the inspector not less t h a n twenty- four hours before t he t ime of ho ld ing
t h e same, i t shall no t be impera t ive on h i m to ad journ t h e
inques t in p u r s u a n c e of this section if the major i ty of t he
j u r y t h i n k it unnecessary so to a d j o u r n ; (e) an inspector shall be at liberty at any such inquest to examine any witness , subject never theless to t h e order of t h e coroner ; ( f ) where evidence is g iven a t an i nques t a t wh ich an inspector is no t present of any neglect as h a v i n g caused or con t r ibu ted to t he explosion or accident , or of any defect in or about t he mine appea r ing to t h e coroner or j u r y to requi re a r emedy , t h e coroner shal l send to t he inspector of t h e distr ict notice
in wr i t i ng of such neglect or de f ec t ; (g) any person having a personal interest in, or employed in, or in t h e m a n a g e m e n t of t he mine in which the explosion or accident occurred shall not be qualified to serve on the j u r y impanne l led on the i n q u e s t ; a n d i t shal l be t h e d u t y of t h e
constable or o ther officer not to s u m m o n any person disqualified u n d e r th is provision, and it shal l be t he du ty of t he coroner n o t to allow any such person to be sworn or to sit on t he j u r y ;
(h)
any relative of any person whose death may have been caused by the explosion or accident wi th respect to which the inques t is be ing held, and t h e owner , agent , or m a n a g e r of t h e mine; in which t h e explosion or accident occurred, a n d any person appoin ted by t h e order in w r i t i n g of t he major i ty of t he w o r k m e n employed a t t h e said mine , shal l be a t l iber ty to a t t end and examine any witness , e i ther in person or by his
counsel , solicitor, or agen t .
( 2 ) E v e r y person who fails to comply wi th t h e provisions
of th is section shall be gu i l ty of a n offence aga ins t this A c t .
D I V I S I O N 5 . — R e t u r n s , plan, notices, and abandonment.
27. (1) O n or before t h e twenty-f i rs t day of J a n u a r y in every
year t he owner , agen t , or m a n a g e r of every mine shal l send to t he
inspector of t h e distr ict on behalf of t h e Min is te r a cor rec t r e tu rn ,
specifying, with respect to t h e year end ing on t h e preceding th i r ty -
first day of December , t h e pa r t i cu la r s conta ined in t h e form in t h e
F o u r t h Schedule to th i s Act , or in such o ther form as m a y be
prescr ibed in l ieu of t h a t form b y t h e M i n i s t e r : Prov ided t h a t in
the
t he case of any mine which is no t requi red by this A c t to be unde r t he control of a certificated manager , a r e t u r n shall no t be required of t he par t i cu la rs conta ined in P a r t B of t he said form, unless or un t i l
| the Min i s te r otherwise | prescribes. |
( 2 ) Forms for t he purpose of t h e r e t u r n s required by th is
section shal l on appl icat ion be furnished by the inspector on behalf of
| t h e | Minis ter . |
( 3 ) The Minis ter may pub l i sh t h e aggrega te resul ts of the
| r e tu rns m a d e | under | th i s section w i t h | respect | to t h e | whole of | N e w |
South "Wales, or any par t i cu la r inspector 's district , or any la rge por t ion of a n inspector ' s district , and so m u c h of any indiv idual r e t u r n as does not re la te to t h e quan t i ty of minera l got ten or w r o u g h t ; b u t the
| por t ion | of | any indiv idual | r e t u r n re la t ing | to | t h e quan t i t y of | minera l |
| go t t en | or | w r o u g h t shal l | no t be publ ished | w i t h o u t t h e consent | of | t he |
person m a k i n g the r e tu rn , or of t he owner of t he mine to which it relates ; and no person excep t an inspector , or the Minis ter , or t he U n d e r Secretary for Mines shall be ent i t led, w i t h o u t such consent , to see such por t ion as aforesaid of a n y individual r e tu rn .
( 4 ) Every owner, agent , or m a n a g e r of a mine who fails to
comply wi th this section or makes any r e t u r n wh ich is to his knowledge
false in a n y par t i cu la r shall be gu i l ty of an offence against th is Act .
28. (1) The owner, agent , or m a n a g e r of every mine shal l keep
in t h e office a t t h e mine an accura te p lan of t he workings of t he mine , showing t h e work ings u p to a da te no t more t h a n th ree mon ths previously, a n d the general direction and ra te of dip of t he s trata , toge ther with t h e section of t he s t ra ta s u n k t h rough , or, if t h a t is not reasonably pract icable, a s t a t emen t of t h e depth of t h e shaft, wi th a section of t h e seam, and in addi t ion to t he above ment ioned p lan the re shal l also be provided a t r ac ing of a surface p lan on the same scale showing thereon all streets, roads, bui ld ings , creeks, r ivers, bays, swamps, navigable waters , and l imits of any t idal waters wi th in the
said boundary .
( 2 ) The owner, agent , or m a n a g e r of t h e m i n e shal l , on
reques t a t any t ime of an inspector u n d e r th is Ac t , p roduce to him a t t he office a t the mine such p lan and section, and shal l also on the l ike reques t m a r k on such p lan and section t h e t h e n s ta te of t h e workings of the 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 p a r t
| thereof | respect ively. |
( 3 ) If t h e owner, agent , or m a n a g e r of any m i n e fails to
keep, or wilfully refuses to produce or allow to be examined, t h e p l an and section aforesaid, or wilfully wi thholds any por t ion thereof, or wilful ly refuses on reques t to m a r k thereon t h e s ta te of t h e work ings of t h e mine , or conceals a n y pa r t of those work ings , or produces a n imperfec t or inaccura te p lan or section, he shal l (unless he shows t h a t
h e
he was i gno ran t of t h e concea lment , imperfec t ion , or inaccuracy) be gu i l ty of a n offence aga ins t th is A c t ; a n d fur ther , t h e inspector may by not ice in wr i t ing (whether a pena l ty for t h e offence has or has n o t been inflicted) r equ i re the owner, agent , or m a n a g e r to cause a n accura te p lan and section, showing the par t icu la rs hereinbefore required, to be m a d e w i t h i n a reasonable t i m e a t t he expense of t he owner of the mine . E v e r y such p l an m u s t be on a scale of no t less t h a n two chains to t h e inch, or on t h e same scale as t he p l an for t h e t ime be ing in use
a t t h e mine .
(4) I f t h e owner, agen t , or m a n a g e r fails wi th in t w e n t y
days af ter t h e requis i t ion of t h e inspector , or wi th in such fu r ther t i m e as is al lowed by t h e Minis ter , to cause such plan and section to be made as hereby required , he shal l be gu i l t y of an offence agains t
th i s Act .
( 5 ) E v e r y copy as aforesaid shal l be deposited in t he
pr inc ipa l office of t he D e p a r t m e n t of Mines a n d Agr i cu l tu re , and, excep t as evidence in a court , no copy thereof sha l l be furnished nor in format ion in re la t ion the re to given ; b u t if, on t h e compla in t of a n y
owner or lessee of t h e surface, or t h e accredi ted officer of any munic i pal i ty , t h a t h is or the i r r igh t s or in teres ts m a y be affected by t h e work ing of t he mine , t h e Min is te r t h i n k s fit so to direct , t h e inspector shall furn ish a t r a c ing of such p a r t of t h e work ings as are s i tuated unde r t h e surface in respect of wh ich compla in t has been made .
(6) I f any officer furnishes any copy, t rac ing, or information,
or allows any person to inspect a n y such p lan or t r ac ing , unlessd i rec ted by the Minis ter as aforesaid, he shal l be gu i l ty of an offence
aga ins t th i s Ac t . 29. (1) W h e r e in or abou t any mine , whe the r above or below
g r o u n d —
(a)
loss of life or any personal injury whatever to any person employed in or about t h e m i n e occurs by reason of any
explosion of gas or of a n y explosive or of any s team-boi le r ; or
(b)
loss of life or any serious personal injury to any person employed in or abou t t h e m i n e occurs by reason of any
accident wha tever ,
t h e owner, agen t , or manage r of t h e mine shall , w i th in twenty- four hours n e x t after t h e explosion or acc ident , send not ice in wr i t ing of t h e explosion or accident, and of t h e loss of life or personal in ju ry occasioned the reby to t h e inspector of t h e district , on behalf of t he Minis ter , and shal l specify in t h e not ice t h e charac te r of t he explosion
or accident , and t h e n u m b e r of persons ki l led or in jured respectively.
( 2 ) W h e r e in or abou t any mine , w h e t h e r above or below
ground, loss of life or serious personal in ju ry has immedia te ly resul ted from a n explosion or accident , t h e place w h e r e t h e explosion or accident occurred shall be left as it was immedia te ly after t he explosion
or
or acc ident u n t i l t he expi ra t ion of a t least t h ree days after t h e sending of such not ice as aforesaid of such 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 this e n a c t m e n t would t end to increase or con t inue a danger , or would impede the work ing of t he mine .
( 3 ) W h e r e any personal in jury , of which not ice is requi red
to be sent unde r th i s section, results in t he dea th of the person injured, not ice in wr i t ing of t he death shall be sent to t h e inspector of t h e distr ict , on behalf of t he Minis ter , w i th in twenty- four hours after such dea th comes to t he knowledge of t he owner, agent , or manager .
(4) Eve ry owner, agent , or m a n a g e r who fails to ac t in com
pl iance wi th this section shal l be gu i l ty of an offence aga ins t this Act .
3 0 . I n a n y of t he following cases, n a m e l y —
(a) where any work ing is commenced for t he purpose of opening a new shaft for or a seam of any m i n e ; (b) where a shaft or seam of any mine is abandoned, or the
work ing thereof d i scon t inued ; (c) where the working of a shaft or a seam of any mine is recom
menced after any a b a n d o n m e n t or d i scont inuance for a period exceeding two mon ths ; or
(d)
where any change occurs in t h e n a m e of any mine , or in t h e n a m e of t h e owner, agent , or m a n a g e r of any mine to which th is A c t applies, or in the pr incipal officers of any incorporated company which is t h e owner of a mine ,
| t he owner, agent , or manage r of t he m i n e shal l give notice thereof | to |
| t h e inspector of t he district wi th in one m o n t h af ter t he | commencemen t , |
| a b a n d o n m e n t , | d iscont inuance, | r ecommencement , | or | c h a n g e ; | and | if |
| such not ice | is no t given, t he owner, agent , or m a n a g e r shal l be gu i l ty |
of a n offence aga ins t this Ac t .
31. (1) W h e r e any m i n e is abandoned, or t h e work ing thereof
discontinued, a t wha tever t ime t h e a b a n d o n m e n t or d iscont inuance occurred, t he owner thereof and every o ther person interes ted in t h e
minera ls of t h e m i n e shall cause t he top of every shaft a n d every side
en t rance from t h e surface to be a n d to be kep t securely fenced for the
prevent ion of accidents : Provided that—•
(a)
subject t o any cont rac t to t he cont rary , t h e owner of t he m i n e shall, as be tween himself and any other person interes ted in t h e minera l s of t h e mine , be l iable to ca r ry in to effect th is section, and to pay any costs, charges , and expenses incur red b y any other person interested in t h e minerals of the; m i n e in
ca r ry ing th is section in to effect; (b)
n o t h i n g in th i s section shall e x e m p t a n y person from a n y
l iabil i ty u n d e r a n y o ther Ac t or otherwise.
( 2 ) I f any person fails to ac t in conformity wi th this section
he shall be gu i l ty of an offence agains t th is Ac t .
( 3 )
( 3 ) N o person shall he prec luded by any ag reemen t from
doing, or be l iable unde r a n y con t rac t to any damages , pena l ty , or forfeiture for doing such ac ts as m a y be necessary in order to comply
w i t h t h e provisions of th i s section.
( 4 ) I f any occupier of land or other person wilfully obstructs
t h e owner of a m i n e or o the r person in teres ted as aforesaid in doing
any such acts he shall be gui l ty of an offence aga ins t th i s Ac t .
( 5 ) A n y shaft or side en t rance wh ich is no t fenced as
requi red b y this section, and is w i th in fifty yards of any h ighway , road, footpath, or place of pub l i c resort , or is in open or unenclosed land, shall be deemed to be a publ ic nuisance .
32. (1) W h e r e any m i n e or seam is abandoned, t he owner of t h e
mine or seam at t h e t ime of its a b a n d o n m e n t shall, w i th in three mon ths after t h e abandonmen t , send to t h e Minis te r a n accura te p lan showing the boundar ies , t h e whole of t h e work ings of the mine or seam u p to t h e t i m e of t h e abandonmen t , and the position of t h e workings wi th regard to t he surface, and the genera l direct ion and ra te of dip of t he s t ra ta , t oge the r wi th a section of t h e s t ra ta sunk t h rough , or if t ha t is
no t reasonably pract icable , a s t a t e m e n t of t h e dep th of the shaft, wi th a section of t h e seam. E v e r y such p l an m u s t be on a scale of n o t less t h a n two chains to t he inch, or on t he same scale as t h e p lan used a t
t h e mine a t t h e t i m e of its abandonmen t .
( 2 ) The p lan and section shal l be preserved under t h e care
of t he M i n i s t e r ; b u t no person, except as provided in section twen ty - eight , o ther t h a n an inspector unde r th i s Act , shall be ent i t led, w i thou t t h e consent of the owner or agen t of the m i n e or seam, to see t he plan w h e n so sent u n t i l af ter t he expira t ion of t en years from the t ime of
t h e a b a n d o n m e n t . ( 3 ) The owner or agen t aforesaid shal l also, wi th in th ree
m o n t h s of t he a b a n d o n m e n t of t h e m i n e or seam, send to t he inspector
of t h e dis tr ic t , on behalf of t h e Minis ter , a correct r e tu rn specifying,
w i th respect to t h e period which has elapsed since t h e expi ra t ion of t h e
year covered by the last a n n u a l r e t u r n made u n d e r this Act , t he
par t icu la rs requ i red in t h a t r e t u r n ; and t h e provisions of th is A c t wi th respect to t h e said annua l r e t u r n shall apply to t he r e t u r n so sent .
( 4 ) I f t h e owner or agen t of a mine or seam fails to comply
wi th th is section he shal l be gui l ty of an offence agains t this Ac t , and
be l iable to a fine no t exceeding t h i r t y pounds .
( 5 ) A compla in t or informat ion of an offence u n d e r th is
section m a y be made or laid a t a n y t i m e 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 m i n e or seam, or after service on the owner or agen t aforesaid of a not ice to comply wi th t he requi rements of th is section, whichever last happens .
33. Al l notices unde r th is A c t shal l be in wr i t ing , and w h e n
expressly so required, shal l be in pr in t , and all notices and documents
requi red
required by this A c t to be served or sent by or to an inspector may be either delivered personally, or served and sent by post by a registered letter.
D I V I S I O N G.—Employment of boys and females.
34. N o boy under the age of fourteen years and no female shall be employed in or about a mine.
35. (1) N o boys between the age of fourteen years and eighteen years shall be employed in or allowed to be, for the purposes of employment, in any mine below ground for more than nine hours on Monday, Tuesday, Wednesday, Thursday, Friday, and six hours on one Saturday and eight hours on the next Saturday.
(2) For the purposes of this Ac t , with respect to the employment of such boys in a mine below ground, the following regulations shall have effect, that is to say—
(a) there shall be allowed an interval of not less than twelve hours between each period of employment.
(b)
each period of employment shall be exclusive of one hour for meals.
(3 ) The owner, agent, or manager of every mine shall keep
in the office at the mine a register, and shall cause to be entered in
that register, in such form as the Minister prescribes or sanctions, the
name, age, residence, and date of first employment of all boys under the age of eighteen employed in the mine below ground, and of all
such boys employed above ground in connection with the mine; and
shall, on request, produce the register to any inspector under this Ac t , and to any officer of the Department of Public Instruction, at the mine, at all reasonable times, and shall allow any such inspector or officer to inspect and copy the same.
(4) The immediate employer of every such boy, other than
the owner, agent, or manager of the mine, before he causes the boy to
be below ground in any mine, shall report to the manager of the mine,
| employ the boy in the mine. | or to some person appointed by that manager, that he is about to |
| 36. I f any person contravenes or fails to comply with, or permits any person to contravene or fail to comply with, any provision of this | |
| A c t with respect to the employment of boys or females, or to the | |
| register of boys, or to reporting the intended employment of boys, he shall be guilty of an offence against this A c t ; and in the event of any | |
| such contravention or non-compliance by any person whomsoever, the | |
| owner, agent, and manager of the mine shall each be guilty of an offence against this Ac t , unless he proves that he had taken all reasonable means, by publishing, and, to the best of his power, enforcing the provisions of this Ac t , to prevent the contravention or non compliance. |
2 K D I V I S I O N
D I V I S I O N 7.— Wages.
37. (1) N o wages shall he pa id to a n y person employed in or
a b o u t any mine a t or wi th in any publ ic-house, beer-shop, or place fort h e sale of a n y spiri ts ,beer, wine, cider, or o ther sp i r i tuous or fermented
l iquor , or o the r house of e n t e r t a i n m e n t , or any office, garden , or place
be longing the re to or occupied the rewi th . ( 2 ) E v e r y person who contravenes or fails to comply wi th
or pe rmi t s a n y person to cont ravene or fail to comply wi th th i s section shal l be gu i l ty of a n offence aga ins t th i s A c t ; and in t he event of any such cont ravent ion or non-compliance b y any person whomsoever , t he owner, agent , and m a n a g e r of t h e m i n e shal l each be gui l ty of an offence aga ins t th is Ac t , unless h e proves t h a t he had t a k e n a l l reasonable means , by pub l i sh ing and to the bes t of his power enforcing the provisions of t h i s section, to p reven t t h e cont ravent ion or non compl iance .
38. (1) W h e r e t h e a m o u n t of wages paid to any of t he persons
employed in a mine depends on t h e a m o u n t of minera l go t ten by t hem, those persons shal l be paid accord ing to t h e ac tua l we igh t got ten by t h e m of t he minera l cont rac ted to be got ten , a n d the minera l go t ten by them, shall be t ru ly weighed a t a place as nea r to t he pi t m o u t h as is
reasonably Provided t h a t n o t h i n g in this section shall
p r a c t i c a b l e :
p rec lude t h e owner ,
agent , or m a n a g e r of t he m i n e f rom agree ing w i t h t h e persons employed in t he m i n e t h a t deduct ions shal l be made in respect of stones or substances other t h a n t h e minera l cont rac ted to be got ten , which shal l be sent out of t he mine w i t h t h e mine ra l cont rac ted to be got ten , or in respect of a n y t u b s be ing improper ly filled in those cases where t h e y are filled by the ge t t e r of t he mine ra l or his drawer , or by t he person immedia te ly employed by h im, such deduct ions be ing de te rmined in such special mode as m a y be agreed upon be tween the owner, agent ,
or manage r of t he m i n e on t h e one hand , a n d the persons employed in
the m i n e on- t h e other , or by some person appoin ted in t h a t behalf by
the owner , agen t , or manage r , or, if any check-weigher is s tat ioned for th is purpose as here inaf ter ment ioned , 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 t h e owner , agen t , or m a n a g e r of t h e m i n e on the one hand, and the persons employed in t h e m i n e on the other , or in defaul t of ag reement appointed by a C h a i r m a n of a Cour t of Q u a r t e r Sessions
wi thin t he jur isdic t ion of which any shaft of t h e m i n e is s i tua te . ( 2 ) I f any person contravenes or fails to comply wi th , or
permits a n y person to cont ravene or fail to comply wi th th i s section, be shall be gui l ty of an offence agains t th i s A c t ; and in t h e event of any such cont ravent ion or non-compl iance by any person whomsoever , the owner , agent , and m a n a g e r of t h e m i n e shal l each be gu i l ty of an
offence
offence aga ins t th i s Act , unless he proves t h a t h e h a d t aken all reason able means by publ ishing, and to t h e best of his power, enforcing the provisions of th is section to p reven t t he cont ravent ion or non compl iance .
( 3 ) N o t h i n g in th i s A c t shal l be held to author ise or give any
power to a n y owner or manage r of a mine to pay miners by t he method k n o w n as t he s tandard weight system, be ing t h e sys tem abolished by
| t h e | A c t | s ix t ie th | Victoria n u m b e r | twelve he reby | repealed. |
( 4 ) W h e r e i t is proved to t he sat isfaction of the Minis ter ,
in t h e case of any mine or class of mines employ ing not more t han t w e n t y persons unde r ground, to be expedien t t h a t t h e persons employed there in should, upon t h e jo in t representa t ion of t h e owner or owners of a n y such mine or class of mines a n d t h e said persons, be paid by any me thod other t h a n t h a t provided by this Ac t , such Minis te r m a y , if he t h i n k fit, by order, al low t h e same ei ther w i t h o u t conditions or d u r i n g t h e t ime and on the condi t ions specified in the order.
39. W h e n e v e r any s u m of money no t exceeding fifty pounds is
c la imed to be due to any person on accoun t of a n y k ind of labour performed a t any coal m i n e in charge of an owner or agent , any jus t i ce of the peace or clerk of pe t ty sessions u p o n compla in t made to h im touch ing or concerning the non -paymen t of any such sum, m a y s u m m o n such owner or agen t to appear before any two just ices of the peace a t t he neares t pe t t y sessions, and t h e jus t ices of t he peace there assembled m a y examine the part ies a n d the i r respect ive witnesses t ouch ing t h e complaint , and may inspect any ag reemen t or dupl ica te copy thereof if produced, and m a y m a k e an order for t he p a y m e n t by such owner or agen t of such sum, no t exceeding fifty pounds, as appears to such jus t ices to be lawfully due, toge ther wi th all costs incur red and damage sustained by t h e compla inan t in prosecut ing
| such | cla im. |
| 40. (1) The persons who are employed in a mine , and are paid according to t he weigh t of the minera l go t ten by t h e m , may , a t the i r |
own cost, s tat ion a person, in th i s A c t referred to as " a check-weigher , " a t each place appointed for t he we igh ing of t h e minera l , and a t each place appoin ted for de te rmin ing t h e deduct ions , in order t h a t he may , on behalf of t he persons by w h o m he is so s tat ioned, t a k e a correct accoun t of t h e weigh t of t h e minera l , or de te rmine correct ly t h e
| deduct ions, as t he case m a y be . | H e | shal l be author ised | to | requi re |
| t h a t t he process of weigh ing shall be carried on cont inuous ly | t h roughou t |
| t h e work ing hours du r ing the whole t ime tha t | t he pi t is d rawing coal. |
( 2 ) A check-weigher shal l have every facility afforded to h i m
for enab l ing h im to fulfil t h e duties for wh ich he is s ta t ioned, inc lud ing facilities for examin ing and t es t ing t he weigh ing machine , and
| check ing t h e t a r ing of t u b s and t r ams where necessary, and | inc lud ing |
| also t he con t inuous we igh ing of t he c o a l ; and | if a t any t ime proper |
facilities
facilities are no t afforded to a check-weigher as requi red by this section, t h e owner , agent , a n d m a n a g e r of t he mine shall each be gu i l ty of an
offence aga ins t th is Ac t , unless he proves t h a t he h a d t aken al l reasonable means to enforce to t h e bes t of his power t he r equ i r emen t s of th is section. ( 3 ) A check-weigher shall no t be author ised in any way to
impede or i n t e r r u p t t h e work ing of t he mine , or to in terfere w i t h t he
weigh ing , or wi 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 he m i n e ; b u t shal l be author ised only to fulfil t h e dut ies in t h e two preceding subsections ment ioned , a n d t h e absence of a check-weigher from t h e place a t which h e is s ta t ioned shal l no t be a reason for in te r
r u p t i n g or de lay ing t h e we igh ing or t h e de t e 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 b y t h e person appointed in t h a t behalf by t h e owner , agen t , or m a n a g e r , unless t h e absen t check-weigher had reasonable g round to suppose t h a t t h e we igh ing or t h e de te rmina t ion of t he deduct ions , as t he case m a y be, wou ld not be proceeded wi th :
Provided always t h a t n o t h i n g in th i s section shall p r even t a
check-weigher g iv ing to a n y w o r k m a n a n accoun t of t he minera l
go t ten by h im, or informat ion w i t h respect to t h e we igh ing or t h e
we igh ing-mach ine , or t h e t a r i n g of t h e t u b s or t r a m s , or wi th respect
t o t h e deduct ions , or a n y o ther m a t t e r w i th in t h e scope of his dut ies
as check-weigher , so a lways , never the less , t h a t t h e work ing of t h e mine be n o t i n t e r r u p t e d or impeded.
( 4 ) I f t h e owner , agen t , or m a n a g e r of t h e m i n e desires t he
r emova l of a check-weigher on t h e g round t h a t t h e check-weigher has
impeded or i n t e r r u p t e d t h e work ing of the mine , or interfered w i t h
t h e we igh 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 t h e mine , to t h e de t r imen t of t he owner, agen t , or
m a n a g e r , done a n y t h i n g beyond t a k i n g such account , d e t e r m i n i n g such
deduct ions , or g iv ing such in format ion 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 cour t of pe t ty sessions, who ,
if of opinion t h a t t h e owner, agen t , or m a n a g e r shows sufficient p r ima 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 .
( 5 ) O n t h e hea r ing of t h e case t h e cour t shal l hear t h e
par t ies , and if t h e y t h i n k t h a t a t t h e h e a r i n g sufficient g round is shown
b y t h e owner, agen t , or m a n a g e r to just i fy t h e removal of t h e check-
weigher , shal l m a k e a s u m m a r y order for his r emova l , and t h e check-
weigher shal l t he r eupon be removed, b u t w i t h o u t prejudice to t h e s ta t ion ing of ano the r check-weigher in his place.
(6) Proceedings for t h e removal of a check-weigher shal l be deemed to be a m a t t e r on wh ich just ices in p e t t y sessions have au tho r i t y by law to m a k e a n order, and the cour t m a y in every case m a k e such order as to t h e costs of t he proceedings as t he cour t may
t h i n k ju s t . (7)
(7) If in pu r suance of any order of exempt ion m a d e by t h e
| Min i s t e r t h e persons employed in a m i n e are paid by the measure | or |
| gauge of the mater ia l go t ten by t h e m , t he provisions of | th is A c t | shall |
| app ly in l ike m a n n e r | as if | t h e | t e r m " weighing " inc luded | measur ing |
| a n d gaug ing , and the | t e rms | re la t ing | to | w e i g h i n g | shall | be | cons t rued |
| accordingly . |
(8) If the person appoin ted by the owner , agent , or m a n a g e r
to weigh t h e mine ra l impedes or i n t e r rup t s t he check-weigher in t he proper d ischarge of his duties, or improper ly in terferes wi th or al ters t he we igh ing-mach ine or t he ta re in order to p reven t a correct accoun t be ing t aken of t he weighing and ta r ing , he shall be gu i l ty of an offence
| aga ins t | th i s | Ac t . |
41. (1) W h e r e a check-weigher has been appointed by the major i ty , ascer ta ined by ballot, of t h e persons employed in a mine who are paid according to t h e weight of t he mineral go t ten by t h e m , and has acted as such, h e m a y recover from any person for t he t i m e be ing employed a t such mine and so paid his propor t ion of t he check-weigher ' s wages or recompense, no twi ths t and ing t h a t any of t he persons by w h o m t h e check-weigher was appointed m a y have left t h e m i n e or o thers have entered t he same since the check-weigher ' s appo in tmen t , any ru le
| of law or equ i ty to t he contrary | no twi ths tand ing . |
( 2 ) I t shall be lawful for t he owner or manage r of a n y mine ,
whe re t h e major i ty of t he before-mentioned persons, ascertained as aforesaid, so agree, to re ta in the agreed con t r ibu t ion of t h e persons so employed and paid as aforesaid for t he check-weigher , and to pay and accoun t for t he same to t he check-weigher .
42. (1) The W e i g h t s and Measures Act , 189S, and any A c t
r e l a t ing to weights and measures , shall apply to all weights , balances , scales, s teelyards, and weighing-machines used a t any t ime for deter m i n i n g t h e wages payable to a n y person employed in t h e mine according to t h e weight of t he mine ra l got ten by h im, in l ike m a n n e r
| as it applies to weights , balances, scales, s teelyards, and weighing- | |
| mach ines used for | t r ade . |
( 2 ) A n inspector of weights a n d measures appoin ted unde r
the said A c t shal l once a t least in every six m o n t h s inspect a n d examine in m a n n e r directed by the said A c t t he weights , balances , scales, s teelyards, and weigh ing-machines used or in the possession of a n y person for use as aforesaid a t any m i n e w i th in his d i s t r i c t ; and shal l also m a k e such inspection a n d examina t ion a t any other t ime in a n y case where he has reasonable cause to believe t h a t there is in use a t t he m i n e any false or un jus t weight , ba lance , scale, s teelyard, or we igh ing-mach ine .
( 3 ) The inspector shall also inspect and examine t h e
measures and gauges in use a t the mines wi th in his d i s t r i c t ; b u t n o t h i n g in th is section shal l p reven t or interfere w i th t h e use of the measures
| or gauges ordinar i ly used a t t h e mine . | ( 4 ) |
( 4 ) A n inspector m a y , for t h e purposes of th is section,
w i thou t any au thor i sa t ion from a jus t ice of t h e peace, exercise a t or in a n y mine , as respects all weights , measures , scales, balances , s teelyards , and we igh ing-mach ines used or in t h e possession of any person for use a t or in t h a t mine , a l l such powers as he could exercise, if au thor i sed
in wr i t i ng by a jus t ice of t he peace, u n d e r t h e W e i g h t s and Measures
A c t , 1898, w i t h respect to any such weigh ts , measures , scales, ba lances ,
s teelyards , and weigh ing-machines as the re in ment ioned ; a n d all t h e
provisions of sections twelve a n d th i r t een of t h a t Ac t , i nc lud ing t h e
liability to penal t ies , shal l app ly to such inspect ion. ( 5 ) The inspector of we igh t s and measures shal l not , in
fulfilling t h e dut ies requ i red of h i m u n d e r th i s section, impede or
obs t ruc t t h e work ing of t he mine .
D I V I S I O N 8 .—Single shafts.
43. (1) The owner, agent , or m a n a g e r of a m i n e shal l no t employ
a n y person in t h e mine , or pe rmi t any person to be in t he mine for t he purpose of emp loymen t there in , unless t he fol lowing condi t ions respec t ing shafts or out le ts are compl ied wi th , t h a t is to say—
(a)
The re m u s t be a t least two shafts or out le ts , w i th which every seam for t h e t i m e be ing a t work in t he mine shall have a communica t ion , so t h a t such shafts or out le ts shal l afford separate means of ingress a n d egress available to t h e persons employed in every such seam, w h e t h e r t he shafts or out lets be long to t h e same m i n e or to more t h a n one mine .
(b)
Such shafts or out le ts m u s t no t a t a n y poin t be neare r to one a n o t h e r t h a n fifty yards , and t he r e shall be between such two shafts or out le ts a communica t i on not less t h a n four feet wide
a n d six feet h igh .
(c) P rope r appara tus for ra is ing and lower ing persons a t each such shaft or ou t l e t shal l be kep t on t h e
Works
be longing to
t h e mine , a n d such appa ra tus if no t in a c t u a l use a t t h e shafts or out le ts shal l be cons tan t ly avai lable for use .
( 2 ) Eve ry owner, agen t , and m a n a g e r of a m i n e who acts in
con t raven t ion of or fails to comply wi th th i s section shal l be gu i l ty of
a n offence aga ins t th is Ac t .
( 3 ) The Supreme Court , w h e t h e r a n y o ther proceedings have or have no t been t aken , may , on t he appl ica t ion of t he At to rney- General , p rohib i t by in junc t ion t h e work ing of a n y m i n e in which any 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, a n d m a y award such costs in the
m a t t e r of t h e in junct ion as t h e Cour t t h i n k s j u s t ; b u t t h i s provision
shal l be w i thou t pre judice to a n y o the r r emedy p e r m i t t e d by law for
enforcing t h e provisions of th is Ac t . ( 4 )
( 4 ) W r i t t e n not ice of t h e i n t en t ion to apply for such
in junc t ion in respect of any m i n e shall he given to t h e owner, agen t , or m a n a g e r of t he mine no t less t h a n t en days before the appl icat ion is m a d e .
44. N o person shall be prec luded by any ag reement from doing such acts as m a y be necessary for providing a second shaft or out le t to a m ine , whe re t h e same is requi red by th i s A c t or be liable u n d e r any cont 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 t h e provisions of th is Ac t wi th respect to shafts or out le t s .
45. (1) The foregoing provisions of th i s Ac t w i th respect to shafts or out le ts shall no t app ly—
(a) i n t h e case of a new m i n e be ing opened— (i) to a n y work ing for t h e purpose of m a k i n g a communica t ion
be tween two or more sha f t s ; (ii) to any working for the purpose of searching for or proving m i n e r a l s ;
so long as no t more t h a n t w e n t y persons are employed below g round a t any one t ime in t he whole of the different seams
in connect ion wi th a single shaft or o u t l e t ; nor
(b) to any proved mine, so long as it is exempted by order of the
Minis ter , on the g round e i the r—
(i) t h a t t h e q u a n t i t y of mine ra l proved is no t sufficient to repay the out lay which 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 let , in any case where such communica t ion exis ted and has become
u n a v a i l a b l e ; or
(ii) t h a t t h e work ings in a n y seam of t he m i n e have reached
t h e boundary of t h e p roper ty or t he ex t r emi ty of t h e
m i n e r a l field of wh ich t h a t seam is a pa r t , and t h a t it is
expedien t to work away the pil lars a l ready formed in course
of t h e ordinary work ing , n o t w i t h s t a n d i n g t h a t one of t he
shafts or out le ts m a y be cu t off by so w o r k i n g away the pillars of t h a t scam ; and so long as not more t h a n t w e n t y persons are employed below ground a t any one t ime in t he whole of t he different
seams in connect ion wi th a single shaft or o u t l e t ; nor
false s t a t emen t wi th respect to t he pos t ing u p of t he rules and notices, he shal l be gu i l ty of a n offence aga ins t th i s A c t ; and if special rules
for any m i n e are no t t r ansmi t t ed wi th in t h e t ime l imited by th is A c t
to t h e inspector for the approva l of t h e Minister, t he owner, agen t ,
and
a n d m a n a g e r of such m i n e shall each he gui l ty of an offence against th i s A c t , unless he proves t h a t he had t aken all reasonable means , b y enforc ing to t he best of bis power t he provisions of th i s Act , to
secure t h e t ransmiss ion of t he ru les .
55 . A n inspector u n d e r th is A c t shall , w h e n requi red , cert ify a
copy wh ich is shown to his sat isfaction to be a t r u e copy of any special rules which , for t h e t ime being, are established u n d e r th i s A c t in a n y mine , and a copy so certified shall be evidence of such special rules , and of t h e fact t h a t they are du ly established unde r th i s A c t and have been signed by t h e inspector.
56. The Governor m a y m a k e and publ i sh in t he Gazette a set or sets of special rules, and thereaf ter t h e rules so m a d e and publ ished shall be deemed the special rules of every mine to which th is A c t applies and in respect of which no special rules shall be in force: Prov ided t h a t upon special rules be ing established for any mine , t h e special rules made by the Governor as aforesaid shall cease to apply to
such mine .
DIVISION 3 . — P u b l i c a t i o n of abstract of Act and of special rules.
57. For t he purpose of m a k i n g k n o w n t h e provisions of th i s
A c t a n d the special r ides to all persons employed in and abou t each mine , a n abst ract of this A c t supplied, on t h e appl icat ion of t he owner, agen t , or m a n a g e r of t he mine , by t he inspector of t h e dis t r ic t on behalf of t he Minis ter , and a correct copy of all t he special rules shall be publ ished, as fol lows—
(a) t h e owner , agen t , or m a n a g e r of t h e mine shall cause t h e abst ract and copy of t h e rules , wi th t he n a m e of t he mine and the n a m e and address of t h e inspector of t he district , and the n a m e of the owner, or agent , and of t he manager , appended there to , to be posted u p , in legible charac ters , in some conspicuous place a t or near t h e mine , where they m a y be convenient ly read by t h e persons e m p l o y e d ; and so often as
t h e same become defaced, obl i terated, or destroyed, shal l
cause t h e m to be renewed wi th al l reasonable d e s p a t c h ; (5) t he owner, agent , or m a n a g e r shall supply a pr in ted copy of t h e abstract , and t h e special rules, grat is to each person employed in or about t he m i n e who applies for a copy a t t he office a t wh ich the persons immedia te ly employed by t h e
owner, agent , or m a n a g e r are p a i d ;
(c) every copy of the special rules shall be kept distinct from any rules which depend only on the con t rac t be tween t h e employer and the employed. I n t h e event of any non-compl iance wi th t h e provisions of th is section by a n y person whomsoever , the owner , agen t , and manage r shall each be gu i l ty of an offence aga ins t th i s A c t ; b u t t he owner, agen t , or
m a n a g e r
manager of such mine shall not he deemed guilty if he proves that he had taken all reasonable means, by enforcing, to the best of his power, the observance of this section to prevent such non-compliance.
58. Every person who pulls down, injures, or defaces any abstract, notice, proposed special rules, or special rules, when posted up in pursuance of the provisions of this A c t , or any notice posted up
in pursuance of the special rules, shall be guilty of an offence againstthis A c t .
P A R T I I I . SUPPLEMENTAL.
D I V I S I O N 1.—Legal proceedings.
59. Every person employed in or about a mine other than an owner, agent, or manager, who is guilty of any act or omission, which, in the case of an owner, agent, or manager, would be an offence
against this Ac t , shall be deemed to be guilty of an offence against
this A c t . 60. Every person who is guilty of an offence against this
A c t for which a penalty is not expressly prescribed, shall be liable to
a fine not exceeding, if he is an owner, agent, or manager, or under- manager, twenty pounds, and if he is any other person, two pounds
for each offence; and if an inspector has given written notice of anysuch offence, to a further fine not exceeding l ive pounds for every day
after such notice that such offence continues to be committed.
61. Where a person who is an owner, agent, manager, or under- manager of, or a person employed in or about a mine, is guilty of anyoffence against this A c t which, in the opinion of the court that tries
the case, is one which was reasonably calculated to endanger the
safety of the persons employed in or about the mine, or to cause
serious personal injury to any of such persons, or to cause a dangerousaccident, and was committed wilfully by the personal act, personal
default, or personal negligence of the person accused, such person
shall be liable, if the court is of opinion that a fine wi l l not meet the circumstances of the case, to imprisonment with or without hard labour for a period not exceeding three months.
62. I n every part of N e w South Wales the following provisions
shall have effect:-—
(a)
Any complaint or information made or laid in pursuance of this A c t shall (save as otherwise expressly provided by this A c t ) be made or laid within six months from the time when the matter of the complaint or information arose.
(b)
(b)
Any person charged with any offence under this Act may, if he t h inks fit, be sworn and examined as an ordinary witness in the case.
(c) The cour t shall, if requi red by ei ther par ty , cause m i n u t e s of
t he evidence to be t a k e n and preserved.
63 . W h e r e , in consequence of any false representa t ion and
unde r t he belief in good fai th t h a t such representa t ion is t r u e , any boy is employed a t an age at which his emp loymen t is a con t raven t ion of th is Act , or any person is allowed to work as a coal-get ter or a shale- ge t te r in t h e face of t h e work ings of a mine in con t raven t ion of t he provisions of th i s Ac t , t h e owner, agen t , or m a n a g e r of t h e m i n e and employer shal l be exempted from a n y p e n a l t y for such cont ravent ion ; and t h e person m a k i n g the false representa t ion shall be deemed gui l ty of a n offence agains t th i s Act .
64. N o prosecut ion shall be ins t i tu ted agains t the owner, agen t ,
manage r , or unde r -manage r of a mine for any offence unde r th i s Act , no t commi t t ed personally by such owner, agen t , manager , or under - m a n a g e r , wh ich can be prosecuted before just ices of t he peace in pe t ty sessions, excep t by an inspector or w i th t h e consent in wr i t ing of t h e
| M i n i s t e r ; | and in t he case of any offence of which | t h e owner , agen t , |
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 t he commission thereof, a n inspector shal l no t ins t i tu te any prosecut ion aga ins t such owner,
| agen t , manage r , or under -manager , if satisfied t h a t he had t aken | such |
| reasonable means as aforesaid. | N o prosecut ion shal l be ins t i tu ted |
| aga ins t a coroner for any offence u n d e r this Ac t , except w i th | t he |
| consen t in wr i t i ng | of t he | Minis ter . |
65 . W h e r e t h e owner , agen t , or m a n a g e r of a mine has t aken
proceedings u n d e r th is A c t agains t a n y person employed in or abou t a mine in respect of an offence commi t t ed u n d e r th i s Act , he shall wi th in twen ty -one days after t he hea r ing of t h e case report t he resul t thereof to t h e inspector of the district .
66. (1) N o t h i n g in this A c t shal l p r even t any person from
be ing indicted or l iable unde r any o ther 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 a n y offence by
| th i s Act , so, however , t h a t no person | be pun i shed | twice for t h e same |
| offence. |
( 2 ) I f t h e just ices of t h e peace before w h o m a person is
cha rged wi th an offence under th is A c t t h i n k t h a t proceedings ough t to be t a k e n aga ins t such person for such offence unde r any other Ac t or o therwise , t hey m a y ad journ t he case to enable such proceedings to
| be | t a k e n . 67. A person who is t h e owner, agent , or m a n a g e r of any | mine, |
or a mine r or mine r ' s agen t , or t h e fa ther , son, or brother , or father- in- law, son-in-law, or brother-in-law', of such owner, agent , or manage r ,
or
or of a mine r or a miner ' s agen t , or w h o is a director of a company be ing t h e owner of a mine , shall no t sit in pe t ty sessions or adjudicate
in respect of a n y offence u n d e r th i s Ac t .
68. W h e r e a fine is imposed unde r this A c t for neg lec t ing to
send a not ice of any explosion or accident , or for any offence agains t th i s A c t which has occasioned loss of life or personal in ju ry , t h e Minis ter may, if he t h i n k s fit, direct such fine to be paid to or d is t r ibuted a m o n g t h e persons in jured, a n d t h e relat ives of a n y persons whose dea th m a y have been occasioned b y t h e explosion, accident , or offence,
or a m o n g some of t h e m : Provided t h a t —
(a) such persons did not in his opinion occasion or contribute to
occasion the explosion or accident , a n d did n o t commi t a n d
were n o t par t ies to c o m m i t t i n g the offence; (b)
t h e fact of t h e p a y m e n t or d is t r ibut ion shall not in any w a y affect or be receivable as evidence in a n y legal proceeding re la t ive to or consequent ia l on t he explosion, accident , or offence.
Save as aforesaid all fines recovered u n d e r this A c t shal l be paid in to
t h e Treasury and car r ied to t h e Consolidated R e v e n u e Fund.
DIVISION 2 . — M i s c e l l a n e o u s .
69. A n y documen t referr ing to t he A c t t h i r t y -n in th Victoria
n u m b e r th i r ty-one , or to a n y Ac t repealed by th is Ac t , or to a n y e n a c t m e n t of any such A c t shall be construed to refer to this Ac t , and to t he corresponding enac tmen t s thereof.
70. I f a n y ques t ion 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 he quest ion shal l
be referred to the Minis ter , whose decision the reon shal l be final.
7 1 . A n y order of or exempt ion g ran ted by t h e Min i s t e r under
th i s A c t m a y be made , and from t i m e to t i m e revoked or a l tered b y
t h e Minis ter , e i ther uncondi t ional ly or subject to such condit ions as h e m a y see fit, and shall be signed by t h e Minis te r or U n d e r Secre tary for
Mines . 72. (1) U p o n t h e affidavit of any person t aken before any
jus t ice of t h e peace or commissioner of t h e Supreme Cour t for t a k i n g affidavits c la iming to be legal ly or equ i tab ly in teres ted in a n y m i n e or
in a n y l and adjo in ing or nea r to a n y other mine , t h a t t h e owner of such las t -ment ioned m i n e is, or is b y t he person m a k i n g such
affidavit, believed to be encroaching upon such first-mentioned m i n e
or land, t h e Min is te r may , by wr i t i ng unde r his hand , au thor i se an inspector , t oge the r w i th a m i n i n g surveyor or exper ienced miner , to enter upon such las t -ment ioned m i n e or land for the purpose of ascer ta in ing w h e t h e r a n y such enc roachment has been made , and if so
t h e e x t e n t thereof. (2)
( 2 ) Before g r a n t i n g such au thor i ty t h e Minis ter shall
r equ i re t he person m a k i n g or lodging the affidavit to deposit such a s u m of money no t exceeding one h u n d r e d pounds as is necessary to cover t h e cost of such inspection.
( 3 ) The persons so author ised may the reupon en te r on the
m i n e or l and described in such order and descend any shaft or en te r a n y mine , a n d for such purpose use t h e engines and other mach ine ry ordinar i ly employed for t h a t purpose by the person whose shaft or mine is descended or entered, and m a k e such p lans and sections of the mine or l and entered u p o n a n d of any drives or o ther works there in as are necessary for t h e purpose aforesaid; and t h e owner or agen t of t h e m i n e to be entered u p o n shall r ender all necessary assistance to the person so author ised.
( 4 ) E v e r y such inspector, or surveyor, or mine r shall,
before en t e r ing on such m i n e or land, m a k e a s t a tu to ry declarat ion t h a t he will not, except as a witness in a cour t of just ice , w i thou t t he consent in wr i t i ng of t he owner of t h e m i n e or land to be entered upon , d ivulge or cause to be d ivu lged to any person whomsoever any informat ion obtained upon or by such e n t r y save only as to whe the r
| such owner is encroaching on such | first-mentioned | m i n e or land. |
(5) Eve ry person who acts con t ra ry to such declarat ion, and a n y owner or agen t who refuses such assistance as is necessary to enable t he persons author ised by the Minis te r to descend the shaft or en te r and examine the mine , shal l forfeit and pay a s u m not exceeding ten pounds :
Provided a lways t ha t the Minis ter may , out of t h e s u m deposited
as aforesaid, defray t he cost of such inspect ion, and if such owner or a g e n t render such assistance as is necessary for t h e purposes aforesaid, and if t he r e is no encroachment , m a y ou t of such s u m award to such owner compensa t ion for any loss or expense to which he m a y be p u t by reason of such inspect ion.
S C H E D U L E S . F I R S T S C H E D U L E .
Number of Act. Title of Act. Extent of repeal.
| GO Vic. N o . 12 | . . . | Coal Mines Regulation Act, 1890 | The whole unrepealed |
portion.
| N o . | 44, | 1900 | . . . | Coal Mines Regulation Act, 1S9G, Amend | The whole. |
ment Act.
S E C O N D
S E C O N D S C H E D U L E .
Proceedings of hoard for appointing examiners.
1. The board shall meet for the despatch of business, and shall from time to time make such regulations with respect to the summoning, notice, place, management, and adjournment of such meetings, and generally with respect to the transaction and management of business, including the quorum at meetings of the board, as they think fit, subject to the following condit ions:—
(a)
An extraordinary meeting may be held at any time on the written requisition of three members of the board addressed to the chairman.
(J) The quorum to be fixed by the board shall consist of not less than three
members.
(c)
Every question shall be decided by a majority of votes of the members present and voting on that question.
(d)
The names of the members present as well as those voting upon each question shall be recorded.
(e)
No business shall be transacted unless notice in writing of such business lias been sent to every member of the board seven days at least before the meeting.
2. The board shall from time to time appoint some person to be chairman, and
one other person to be vice-chairman.
3. I f at any meeting the chairman is not present at the time appointed for holding the same, the vice-chairman shall be the chairman of the meeting; and if neither the chairman nor vice-chairman shall be present, then the members present shall choose some one of their number to be chairman of such meeting.
4. I n case of an equality of votes at any meeting, the chairman for the time
being of such meeting shall have a second or casting vote.
5. The appointment of an examiner may be made by a minute of the board, signed by the chairman.
6. The board shall keep minutes of their proceedings, which may be inspected or copied by the Minister or any person authorised by him to inspect or copy the same.
7. The minutes shall record the decision of the examiners as to the qualifications of applicants for certificates, and shall state whether an applicant has qualified for a first or a second class certificate of competency.
8. The board shall require the examination for certificates of competency to be partly by examination papers and partly by oral examination.
T H I R D S C H E D U L E .
Table of maximum fees to he paid in respect of certificates.
First-class certificate. £ s. d.
B y an applicant for examination . . . ... ... ... 2 0 0
For copy of certificate . . . ... ... ... ... 0 5 0 Second-class certificate.
By an applicant for examination 1 0 0
For copy of certificate ... ... ... ... . . . 0 2 0 F O U R T H FOURTH SCHEDULE.
3 0 A L M I N E S R E G U L A T I O N ACT, 1902.
Form of return.
Tins form to be correctly filled up by the owner, agent, or manager, and sent to the inspector of the district, on behalf of the Minister, on or before twenty-first January every year.
PART A.
Year ending 31 December, 19 .
Name of mine
Situation of mine
County
Name of owner (company)
Name of manager
Name of under-managerPostal address
Return of persons ordinarily employed during tho year.
| Under ground | Boys under 16 |
| Males above 16 Total under ground | |
| Above ground (including those employed | Boys under 14 |
on sidings and private branch railways
| and tramways, and in cleaning, wash | Boys of 14 and under 16 |
| ing, and coking of coal). | |
| Males above 16 Tatal above 16 |
Total number of persons employee under ground and above ground
Quantity of mineral wrought during the year.
Mineral wrought. Number of statute tons wrought. Value.
Coal
Shale-oil shale
Shale used for other purposes
The
The number of days in each month on which coal or shale has been drawn.
Number of days on which coal
or shale was drawn.
January. . . January. . .
February
February
March
March
April
April
May - - June June July July August ... August ... September September October . . . October . . . November November December December May
day of 19 . (Signed)
PART B .
Name of mine
Diameter and depth of downcast
Diameter and depth of downcast Airways. Number of splits
Number of splits
and upcast shafts.
and upcast shafts. Average total Average total Average total Average total and quantity.
and quantity. quantity of fresh quantity of fresh quantity of fresh quantity of fresh
Mode of
Mode of
Mode of
Mode of
Mode of
Sectional air per minute. air per minute. air per minute. air per minute.
Name
Name
Name
Name
Name Length
Length Sectional
ventilation,
ventilation,
ventilation,
ventilation,
ventilation,
of seam.
of seam.
of seam.
of seam.
of seam. Downcast.
Downcast. Upcast.
Upcast. of splits.
of splits. area.
area.
with
with
with
with
with
description. Quantity description.
description.
description.
description.
Splits. in cubic
Diameter Depth Diameter Depth feet per Square
Yards. Cubic.
in feet. in feet. in feet. in feet. minute. feet.
A c t
0
0
0