Coal Mines Regulation Act 1912 (NSW)

Act No. 37, 1912.

An Act to consolidate enactments relating to the regulation of coal mines and collieries. [26th November, 1912.]

BE it enacted by the King's Most Excellent Majesty, by and with

Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :—

1 . (1) This Act mav be cited as the " Coal Mines Regulation

Act, 1912."

(2) This Act siIall apply to mines of coal and mines of sbale.
(3) This Act is divided into Parts, as follows :—

DIVISION 6.—Employment of boys and females—ss. 41-13.
DIVISION 7.— Wages—ss. 44-49.
DIVISION 8.—Single shafts—ss. 50-52.
DIVISION 9.—Division of mine into parts—s. 53. PART

PART I .—MINES REGULATION—

DIVISION 1.— Certificated managers, under-managers, and

winding-engine drivers—ss. 4-20.
DIVISION 2.—Mine electricians—ss. 21, 22.
DIVISION 3.—Inspection—ss. 23-32.
DIVISION 1.—Arbitration—s. 33.
DIVISION 5.—Returns, plan, notices, and abandonment—
ss. 34-10.

P A R T I I . — R U L E S -

DIVISION 1.— General rules—ss. 5 4 - 5 6 .
DIVISION 2.—Special rules—ss. 5 7 - 6 3 .
DIVISION 3.—Publication of abstract of Act and of special

rules—ss. 6 4 , 6 5 .

P A R T I I I . — S U P P L E M E N T A L -

DIVISION 1.—Legal proceedings—-ss. 6 6 - 7 6 .

DIVISION 2.—Miscellaneous—ss. 7 7 - 8 0 .
2 . (1) The Acts mentioned in the First Schedule to this Act

are to the extent therein expressed hereby repealed.

( 2 ) All rules, regulations, and orders made or established, or
deemed to have been made or established, all notices given or posted, all abstracts posted, all documents supplied, all certificates granted, all appointments made, and every other matter or thing duly done under or by virtue of the provisions of any enactment hereby repealed, and in force, current, or operative at the commencement of this Act, shall be of the same force and effect in all respects as if this Act had been in force when they were so made, established, given, granted, posted, supplied, or done, and they had been made, established, given, granted, posted, supplied, or done hereunder.
3 . I n this Act, unless the context otherwise indicates or

requires,—
" Agent," when used in relation to any mine, means any person appointed as the representative of the owner in respect of any mine, or of any part thereof, and as such superior to a manager appointed in pursuance of this Act.
" Boy " means a male under the age of sixteen years.

" Inspector " means an inspector of collieries referred to in or appointed under this Act; and in section twenty-seven includes
an electrical inspector appointed under section twenty-six.
" Mine " includes every shaft in the course of being sunk, and every level and inclined plane in the course of being driven, and all the shafts, levels, planes, works, tramways, and sidings, both below ground and above ground, in and adjacent to and belonging to the mine.
" Owner," when used, in relation to any mine, means any person or body corporate who is the immediate proprietor, or lessee, or occupier of any mine, or of any part thereof, and does not include a person or body corporate who merely receives a royalty, rent, or fine from a mine, or is merely the proprietor of a mine, subject to any lease, grant, or license for the

working

working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine ; hut any contractor for the working of any mine, or any part thereof, shall he subject to this Act in like manner as if he were an owner, but so as not to exempt the owner from any liability.

" Plan " includes a correct copy or tracing of any original plan.
" Shaft" includes pit.
" The Minister " means the Secretary for Mines.

P A R T I .
MINES REGULATION.

DIVISION 1.— Certificated managers, under-managers, and winding-
engine drivers.

4 . (1) Every mine shall be under a manager, who shall be responsible for the control, management, and direction of the mine, and the owner or agent of every such mine shall nominate himself or some other person to be the manager of such mine, and shall send written notice to the inspector of the district of the manager's name and address.
(2) A person shall not be qualified to be a manager of a mine unless he is for the time being registered as the holder of a first- class certificate of competency or a certificate of service as manager under this Act, or under the Imperial Act fifty and fifty-one Victoria, chapter fifty-eight, or any Act thereby repealed.

(3) If any mine is worked for more than fourteen days

without there being such a manager for the mine as is required by this section, the owner or agent of the mine shall be liable to a fine not exceeding fifty pounds, and to a further fine not exceeding five pounds for every day during which the mine is so worked; provided that—

(a)

the owner or agent of the mine shall not be liable to any such fine if he proves that he had taken all reasonable means by the enforcement of this section to prevent the mine being worked in contravention of this section;

(b)

if for any reasonable cause there is for the time being no manager of a mine qualified as required by this section, the owner or agent of the mine may appoint any competent person not holding a certificate under this Act to be manager,
for
for a period not exceeding two months or such longer period as may elapse before such person has an opportunity in the district wherein the mine is situate of obtaining by examina tion a certificate under this Act, and shall send to the inspector of the district a written notice of the manager's name and address, and of the reason for his appointment,

(4) In the case of a mine in which not more than twenty persons are employed, it shall be sufficient for the manager to hold a permit from an inspector; such permit shall remain in force for twelve months, but may be renewed at the option of the inspector.
5 . (1) I n every mine required by this Act to be under the control of a certificated manager, daily personal supervision shall be exercised either by the manager or by an under-manager, nominated in writing by the owner or agent of the mine.
(2) Every under-manager so nominated must hold either a first-class or second-class certificate under this Act, or under the Imperial Act fifty and fifty-one Victoria, chapter fifty-eight, or any Act thereby repealed, or a certificate of service under section eight of this Act, or under any of the said Imperial Acts, and shall, in the absence of the manager, have the same responsibility and be subject to the same liabilities as the manager under this A c t ; but the nomination of an under-manager shall not affect the personal responsibility of the manager under this Act.
(3) A contractor for getting mineral in any mine, or person employed by such a contractor, is not eligible for the post of manager or under-manager of that mine under this Act.
6 . There shall be granted under this Act certificates of competency to managers and under-managers as follows:—(1) First- class certificates, that is to say, certificates of fitness to be manager ; and (2) second-class certificates, that is to say, certificates of fitness to be under-manager; but no person shall be entitled to a certificate of

in a mine for at least five years. competency under this section unless he has had practical experience

(2) For the purpose of ascertaining the persons to receive certificates of competency for the purposes of this Act, examiners shall be appointed by a board consisting of—
(a) three persons being owners or agents of mines in New South
Wales;

(b)

three persons employed or who have been employed in or about any mine in New South Wales not being owners, agents, or managers of a mine; and

(c)

three persons practising as mining engineers or managers of mines in New South Wales ; and
(d) one inspector under this Act.
(3) The members of the board shall be appointed and may

be removed by the Minister, and shall hold office during his pleasure.
(4)

(4) The proceedings of the hoard shall he in accordance

with the rules contained in the Second Schedule to this Act.
(5) The board shall from time to time appoint examiners, not being members of the board except with the consent of the Minister, to conduct the examination of applicants for certificates of competency under this Act, and may make, alter, and revoke rules as to the conduct of such examinations and the qualifications of the applicants, so, however, that in every such examination regard shall be had to such knowledge as is necessary for the practical working of mines in New South Wales, and that the examination and qualifications of applicants for second-class certificates shall be suitable for practical working miners.

(6) The board shall make to the Minister a report of their

proceedings, and of such other matters as the Minister may require.
7 . The Minister may make, alter, and revoke rules as to the places and times of examinations of applicants for certificates of competency under this Act, the number and remuneration of the examiners, and the fees to be paid by the applicants, so that the fees do not exceed those specified in the Third Schedule to this Act. Every such rule shall be observed by the board appointed under this Act.
8 . (1) A certificate of service shall be granted by the Minister to e v e r y person who satisfies him either that before the first day of October, one thousand eight hundred and ninety-six, he was acting, and has since that date acted, or that be has at any time w i t h i n five years before the said d a t e , for a period of not less than twelve months, acted in the capacity of an inspector or of a manager of a m i n e or such part of a mine as can under this Act be made a separate mine for the purposes of this Act.
(2) A certificate of service shall be granted by the Minister to every person w h o satisfies him cither that before the said date he was exercising, a n d h a s since that date exercised, or t h a t he h a s at a n y time within five years before t h e said date, for a period of not l e ss than
twelve months, exercised functions substantially corresponding to
those of an under-manager in a mine.
(3) Every such certificate of service shall contain particulars of the name, place, a n d time of birth, a n d the length and nature of the previous service of the person to whom the same is delivered, a n d a certificate of service m a y be refused to any person who fails to give a full a n d satisfactory account of the particulars aforesaid, or to pay such registration fee as the Minister may direct, not exceeding that mentioned in the Third Schedule to this Act.
(4) A certificate of service granted under this section to an inspector or a manager shall have the same effect for the purposes of this Act as a first-class certificate of competency granted under this Act; and a certificate of service granted under this section to an
under-manager

under-manager shall have the same effect for the purposes of this Act
as a second-class certificate of competency granted under this Act.
(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) No certificate of service shall be 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 Act fifty and fifty-one Victoria, chapter fifty-eight, or under any Act 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 Act.
9 . 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.
1 0 . (1) For the purpose of ascertaining the persons who may

be granted under this Act certificates of competency as w i n d i n g - enginc drivers, the board of examiners of engine-drivers appointed under the Mines Inspection Act, 1901, may hold examinations and examine applicants for such certificates.
(2) The provision of the Mines Inspection Act, 1901, in relation to the examination of candidates for certificates of competency as engine-drivers under that Act shall apply to the examination of candidates for certificates of competency under this Act.
(3) The Minister shall grant 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, a certificate of competency as a

wind ing-eng ine driver.

(4) The maximum fees to be paid in respect of examin ations held and certificates of competency granted under this section shall not exceed those prescribed in the Third Schedule of this Act in relation to second-class certificates.
1 1 . If any person—

(a)

whO is not registered under this Act as the holder of a certificate of competency or of service as a winding-engine driver, nor registered under the Mines Inspection Act, 1901, as the holder of a winding certificate under that Act, and the rules made thereunder; or

(b)

(b)

who (whether or not registered as aforesaid) is wholly or partially deaf, or whose sight is defective, or who is subject to fits, giddiness, or any other infirmity likely to interfere with the efficient discbarge of his duties,

is in charge of a winding or hauling engine by means of which men are raised or lowered in any vertical or inclined shaft, or on any inclined plane at any mine, such person, and any other person who, knowing that such first-mentioned person is not registered as aforesaid, or that he is subject to such defect or infirmity, employs such person as aforesaid, shall be guilty of an offence against this Act.

1 2 . ( 1 ) A certificate of service as winding-engine driver shall

bo granted by the Minister to every person who furnishes to the board of examiners of engine-drivers appointed under the Mines Inspection Act, 1 9 0 1 , satisfactory evidence that he has, between the twenty-fifth day of November, one thousand nine hundred, and the twenty-fifth day of November, one thousand nine hundred and five, for a period of not less than twelve months, been in charge of and efficiently managed an engine for raising or lowering men in any vertical or inclined shaft, or on any inclined plane at any coal or shale mine.

Such certificate of service may be refused to any person who fails to give full and satisfactory information as to his name and the place and date of his birth, and as to his sobriety and general good conduct, and to pay such registration fee as the Minister may direct, not exceeding two pounds.
(2) Every such certificate shall contain particulars of the length and nature of the previous services of the person to whom the same is granted.

(3) A certificate of service granted under this section shall, for the purposes of this Act, have the same effect as a certificate of competency as winding-engine driver granted under this Act.

1 3 . (1) Any certificate of competency or service as engine- New South Wales may be approved by the board of examiners of driver granted by any duly constituted and recognised authority outside

engine-drivers appointed under the Mines Inspection Act, 1901, if the

holder produces the same and gives satisfactory evidence to such board
of his sobriety, general good conduct, and bona fides.

(2) Every such certificate so approved shall be equivalent in all respects to a similar certificate granted under this Act, and the holder thereof may be registered upon the payment of such fee, not exceeding two pounds, as the Minister may direct.

1 4 . A register shall be kept by such person and in such manner as the Minister directs of the holders of certificates of competency granted under this Act whether for managers, under- managers, winding-engine drivers, or mine electricians, and of the

holders
holders of certificates of service as manager, under-manager, or winding-engine driver, granted under this Act, and of all certificates approved under this Act, or having by the provisions of this Act the same effect as any of the aforesaid certificates.
1 5 . If 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 Act or under any Imperial Act, or a winding- engine driver certificated under this Act, is by reason of incompetency or gross negligence unfit to discharge his duties, or has been convicted of an offence against this Act, the Minister may cause inquiry to be made into the conduct of the manager, under-manager, or winding- engine driver, 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, under-manager, or winding-engine driver 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, under-manager, or winding-engine driver 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)

the person or persons appointed to hold the inquiry, in this section and in section sixteen referred to as the court, shall, on the conclusion of the inquiry, send to the Minister a report containing a full statement of the case, and the opinion of

the court thereon, and such report of or extracts from the
evidence as the court thinks fit;
(f) the court may cancel or suspend the certificate of the manager, under-manager, or winding-engine driver if it finds that he is by reason of incompetency or gross negligence, or of his having been convicted of any offence against this Act, unfit to discharge his duty ;

(g)

the court may require a manager, under-manager, or winding- engine driver to deliver up his certificate, and if any manager, under-manager, or winding-engine driver fails without sufficient cause to the satisfaction of the court to comply with such requisition he shall be liable to a fine not exceeding one hundred pounds. The court shall hold a certificate so

delivered

delivered until the conclusion of the investigation, and shall then either restore, cancel, or suspend the certificate according to its judgment on the case;

(h) the court shall have for the purpose of the inquiry, all the powers of a court of petty sessions, and all the powers of an inspector under this A c t ;
(i) the court may also, by summons signed by the court, require the attendance of all such persons as it thinks fit to summon and examine for the purpose of the inquiry ; and every person so summoned shall be allowed such expenses as would be allowed to a witness attending on subpoena before the Supreme Court in its common law 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 such expenses.

16. (1) The court may make such order as it thinks fit respecting the costs and expenses of the inquiry, and such order shall, on the application of any party entitled to the benefit thereof, be enforced by any stipendiary or police magistrate or any two justices of the peace in petty sessions, as if such costs and expenses were a fine imposed by that court of petty sessions.

( 2 ) The Minister may pay to the person or persons con

stituting the court, including any assessors, such remuneration as he
may appoint.

(3) Any costs and expenses ordered by the court to be paid by the Minister, and any remuneration paid under this section, shall be paid out of moneys provided by Parliament.

1 7 . (1) Where a certificate of a manager, under-manager, or

winding-engine driver is cancelled or suspended in pursuance of this

recorded in the register of holders of certificates.	Act, the Minister shall cause the cancellation or suspension to be
(2) The Minister may at any time, if it is shown to him to be just so to do, renew or restore, on such terms as he thinks fit, any certificate which has been cancelled or suspended in pursuance of this Act, and cause the renewal or restoration to be recorded in the register aforesaid.
1 8 . Whenever any person proves to the satisfaction of the Minister that he has, without fault on his part, lost or been deprived of any certificate granted to him under this Act or under any Imperial Act the Minister shall, on payment of such fee, if any, as he directs, but not exceeding the fee specified in the Third Schedule to this Act, cause a copy of the certificate to which the applicant appears by the register to be entitled, to be made out and certified by the person who

IT keeps
keeps the register, and delivered to the applicant; and any copy which purports to be made and certified as aforesaid shall have all the effect of the original certificate.
1 9 . (1) All expenses incurred by the Minister in carrying into effect the provisions of this Act with respect to certificates of competency and service shall be defrayed out of moneys provided by Parliament.
(2) All fees payable by the applicants for examination for or for a copy of a certificate under this Act shall be paid into the Treasury as the Treasurer directs, and be carried to the Consolidated Revenue Fund.
2 0 . Every person who commits any of the following offences,

that is to say—
(1) forges, or counterfeits, or knowingly makes any false state ment in any certificate of competency, or of service granted under this Act or the Imperial Act fifty and fifty-one Victoria chapter fifty-eight, or any Act repealed thereby, or any official copy of any such certificate ; or
(2) knowingly utters or uses any such certificate or copy which has been forged or counterfeited or contains any false state ment ; or
(3) for the purpose of obtaining for himself or any other person employment as a certificated manager, under-manager, or winding-engine driver, or the grant, renewal, or restoration of any certificate under this Act or under any of the said Imperial Acts, or a copy thereof, either—

(a)

makes or gives any declaration, representation, statement, or evidence which is false in any particular ; or

(b)

knowingly utters, produces, or makes use of any such declaration, representation, statement, or evidence, or any document containing the same,

imprisonment for a term not exceeding two years, with or without shall be guilty of a misdemeanour, and be liable on conviction to
hard labour.
DIVISION 2.—Mine electricians.

2 1 . For the purpose of ascertaining the persons who may be granted certificates of competency as mine electricians, examiners shall he appointed by the board for appointing examiners constituted under section six subsection (two) of this Act, who may hold examinations and examine applicants for such certificates in such subjects as may be prescribed by any rules made by the Minister in that behalf.
For all other purposes relating to the examination of applicants,
and the granting, cancellation, and suspension of such certificates, and

the

the registration of the holders of such certificates, the provisions of this Act relating to managers' certificates of competency shall, mutatis mutandis, apply and have effect.
2 2 . Any person who, after the twenty-ninth day of May, one thousand nine hundred and nine,—

(a)

not being registered under this Act as the holder of a certificate of competency as a mine electrician, or possessing one of the other qualifications mentioned in section twenty- six subsection two, acts as mine electrician in or about a mine where the output of the generating plant exceeds thirty kilowatts; or

(b)

knowing that such person is not so registered, employs him as a mine electrician in or about such mine,
shall be guilty of an offence against this Act.
DIVISION 3.—Inspection.

2 3 . The persons who, on the ninth day of September, one thousand nine hundred and two, were continued in their position as inspectors, and all who were, appointed under the Coal Mines Regula tion Act, 1902, and all electrical inspectors appointed under the Coal Mines Regulation (Amending) Act, 1908, who are continuing to act under the Acts hereby repealed, shall continue to act in the same manner, and generally to be in the same position, as if they had been respectively appointed under this Act.
2 4 . ( 1 ) The Minister may appoint duly qualified persons to be inspectors (under whatever title he may fix) of mines, and assign them their duties, and may award them such salaries as he thinks fit or Parliament approves, and may remove any such inspector.

(2) Notice of the appointment of every such inspector

shall be published in the Gazette.
(3) Every such inspector is referred to in this Act as an inspector, and the inspector of a district means the inspector who is for the time being assigned to the district or portion of New South Wales with reference to which the term is used.
(1) Every inspector under this Act, shall hold a first-class certificate of competency or service as hereinbefore provided in regard to managers, but for the purposes of this Act service as an inspector of collieries will be equivalent to service as manager of a mine.
2 5 . Any person who practises or acts as or is a partner of any person who practises or acts as a laud agent or mining engineer, or as a manager, viewer, agent, or valuer of mines, or arbitrator in any difference arising between owners, agents, or managers of mines, or is otherwise employed in or about any mine, or is a miner's agent or a mine-owner (whether the mine is one to which this Act applies or not)
shall
shall not act as an inspector of mines under this Act, and no inspector shall be a partner or have any interest direct or indirect in any mine in the district under his charge.
2 6 . (1) The Governor may, subject to the limitations imposed

by the next subsection, appoint any person as electrical inspector, and such person shall in relation to the installation and use of electricity, have all the powers vested in an inspector by section twenty-seven of this Act.
(2) Except in the case of the electrical engineer of the Department of Public Works, or of the holder of a degree in electrical engineering from the University of Sydney, or a person holding a qualification from any other educational body recognised by the Department of Mines, every person to be so appointed inspector shall be the holder of a certificate of competency as a mine electrician under the provisions of this Act.
2 7 . (1) An inspector under this Act shall have power to do all or any of the following things, namely—

(a) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act relating to matters above ground or below ground arc complied with in the case of any mine ;
(b) to enter, inspect, and examine any mine, and every part
thereof, at all reasonable times by day and night, but so as
not to impede or obstruct the working of the mine;

(c) to examine into and make inquiry respecting the state and condition of any mine or part thereof, and the ventilation of the mine, and the sufficiency of the special rules for the time being in force in the mine, and all matters and things connected with or relating to the safety of the persons employed in or about the mine or any mine contiguous thereto, or the care and treatment of the horses and other animals used in the mine ;
(d) to exercise such other powers as may be necessary for carrying this Act into effect.
(2) Every person who wilfully obstructs any inspector in the execution of his duty under this Act, and every owner, agent, and manager of a mine who refuses or neglects to furnish to the inspector the means necessary for making any entry, inspection, examination, or inquiry under this Act, in relation to the mine, shall be guilty of an offence against this Act.
2 8 . (1) If in any respect (which is not provided against by any express provision of this Act or by any special rule) any inspector finds any mine or any part thereof, or any matter, thing, or practice in or connected with any such mine, or with the control, management, or direction thereof by the manager to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any person,

he may give notice in writing thereof to the owner, agent, or manager of the mine, and shall state in the notice the particulars in which he considers the mine or any part thereof, or any matter, thing, or practice to be dangerous or defective, and require the same to be remedied, and shall, unless the same be forthwith remedied, report the same to the Minister.
(2) If the owner, agent, or manager of the mine objects to remedy the matter complained of in the notice he may, within ten days after the receipt of the notice, send his objection in writing, stating the grounds thereof to the Minister, and thereupon the matter shall be determined by arbitration in manner provided by this Act, and the date of the receipt of the objection shall be deemed to be the date of the reference.
(3) If the owner, agent, or manager fails, when no objection is sent as aforesaid, to comply with the requisition of the notice within ten days after the expiration of the time for objection, or when there has been an arbitration to comply with the award within the time fixed by the award, he shall be guilty of an offence against this Act, and the notice and award shall respectively be deemed to be written notice of the offence :
Provided that the court, if satisfied that the owner, agent, or manager has taken active measures for complying with the notice or award, but has not, with reasonable diligence, been able to complete the works, may adjourn any proceedings taken before them for punishing the offence, and, if the works are completed within a reasonable time, no penalty shall be inflicted.
(4) No person shall be precluded by any agreement from doing, or be liable under any contract to any penalty or forfeiture for doing, such acts as may be necessary in order to comply with the provisions of this section.
2 9 . Every inspector of a district under this Act shall make
an annual report of his proceedings during the preceding year to the
Minister, which report, when embodied in the annual report of the
Department of Mines, shall be laid before both Houses of Parliament. 3 0 . Where in any mine an explosion or accident has caused loss of life or personal injury to any person, the Minister may at any time direct an inspector to make a special report with respect to the explosion or accident.
3 1 . Where it appears to the Minister that a formal investiga tion of any explosion or accident and of its causes and circumstances is expedient, the Minister may direct such investigation to be held, and with respect to any such investigation the following provisions shall have effect—
(1) The Minister may appoint a competent person to hold the
investigation, and may appoint any person or persons
possessing legal or special knowledge to act as assessor or

assessors in holding the investigation. (2)
(2) The person or persons so appointed (hereinafter called, the court) shall hold the investigation in open court, in such manner and under such conditions as the court may think most effectual for ascertaining the causes and circumstances of the explosion or accident, and enabling the court to make the report in this section mentioned.
(3) The court shall have for the purpose of the investigation all the powers of a court of petty sessions when acting as a court in hearing informations for offences against this Act, and all the powers of an inspector under this Act, and in addition the following powers, namely—

(a) to enter and inspect any place or building, the entry or inspection whereof appears' to the court requisite for the said purpose;
(b) by summons signed by the court, to require the attendance of all such persons as it thinks fit to call before it and examine for the said purpose, and for that purpose to require answers or returns to such inquiries as it thinks fit

to make ;
(c) to require the production of all books, papers, plans, and documents which it considers important for the said purpose;
(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 law 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
explosion or accident and its circumstances, and adding any
observations which the court thinks right to make.
make a report to the Minister, stating the causes of the (6) All 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 Act.
( 7 ) Any 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 a n y 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.

3 2 . The Minister may cause any special report of an inspector or any report of a court, under this Part of this Act, to be made public at such time and in such manner as he may think fit.

DIVISION 4.—Arbitration.

3 3 . With respect to arbitrations under this Act, the following provisions shall have effect, and except where they are inconsistent, with the provisions of this Act the provisions of the Arbitration Act, 1902, shall apply to arbitration under this Act—

(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)

every person who is appointed an arbitrator under this section shall be a practical mining engineer or a person accustomed to the working of mines, and no person shall act as arbitrator or umpire, under this Act, who is employed in, or in the management of, or is interested in the mine to which the arbitration relates;

(d)

the appointment of an arbitrator under this section shall be in writing, and notice of the appointment shall be forthwith sent to the other party to the arbitration, and shall not be revoked without the consent of that party ;
(e)

the death, removal, or other change in any of the parties to
the arbitration shall not affect the proceedings under this
section ;

(f)

if within the said fourteen days either of the parties fails to appoint an arbitrator, the arbitrator appointed by the other party may proceed to hear and determine the matter in difference, and in that case the award of the single arbitrator shall be final;

(g)

if before an award has been made any arbitrator appointed by either party dies or becomes incapable to act, or for seven days refuses or neglects to act, the party by whom such arbitrator was appointed may appoint some other person to act in his place, and if he fails to do so within seven days
after
after notice in writing from the other party for that purpose, the remaining arbitrator may proceed to hear and determine the matter in difference, and in that case the award of the single arbitrator shall be final ;

(h) in either of the foregoing cases where an arbitrator is empowered to act singly on one of the parties failing to appoint, the party so failing may, before the single arbitrator has actually proceeded in the arbitration, appoint an arbitrator, who shall then act as if no failure had occurred ;
(i) if the arbitrators fail to make the award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been appointed for that purpose by both arbitrators under their hands, the matter in difference shall be determined by the umpire appointed as hereinafter mentioned ;

(j) the arbitrators, before they enter on the matter referred to them, shall appoint, by writing under their hands, an umpire to decide on points on which they may differ;
(k) if the umpire dies or becomes incapable of acting before he has made his award, or refuses to make his award within a reasonable time after the matter has been brought within his cognizance, the persons or person who appointed such umpire shall forthwith appoint another umpire in his place ;
(1) 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 be appointed by the Minister, and such umpire shall be a district court judge or a chairman of quarter sessions 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 be final;

(n) if a single arbitrator fails to make his award within twenty-
who appointed him may appoint another arbitrator to act in
his place ;
one days after the day on which he was appointed, the party

(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

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 Act. 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 Act.

DIVISION 5.—Returns, plan, notices, and abandonment.

3 4 . (1) On or before the twenty-first day of January in every year the owner, agent, or manager of every mine shall send to the inspector of the district on behalf of the Minister a correct return, specifying, with respect to the year ending on the preceding thirty- first day of December, the particulars contained in the form in the Fourth Schedule to this Act, or in such other form as may be prescribed in lieu of that form by the Minister: Provided that in the case of any mine which is not required by this Act to be under the control of a certificated manager, a return shall not be required of the particulars contained in Part B of the said form, unless or until the Minister otherwise proscribes.
(2) Forms for the purpose of the returns required by this section shall on application be furnished by the inspector on behalf of the Minister.
(3) The Minister may publish the aggregate results of
the returns made under this section with respect to the whole of New
South "Wales, or any particular inspector's district, or any large portion

not relate to the quantity of mineral gotten or wrought; but the of an inspector's district, and so much of any individual return as does

portion of any individual return relating to the quantity of mineral gotten or wrought shall not be published without the consent of the person making the return, or of the owner of the mine to which it relates; and no person except an inspector, or the Minister, or the Under Secretary for Mines shall be e n t i t l e d , w i t h o u t such consent, to see such portion as aforesaid of any individual return.

(4) Every owner, agent, or manager of a mine who fails to comply with this section or makes any return which is to his knowledge false in any particular shall be guilty of an offence against this Act.
3 5 . (1) The owner, agent, or manager of every mine shall keep in the office at the mine an accurate plan of the workings of the mine, showing the workings up to a date not more than three months previously, and the general direction and rate of dip of the strata, together with the section of the strata sunk through, or, if that is not reasonably practicable, a statement of the depth of the shaft, with a section of the seam, and in addition to the above-mentioned plan there shall also be provided a tracing of a surface plan on the same scale showing thereon all streets, roads, buildings, creeks, rivers, bays, swamps, navigable waters, and limits of any tidal waters within the said boundary.
(2) The owner, agent, or manager of the mine shall, on request at any time of an inspector under this Act, produce to him at the office at the mine such plan and section, and shall also on the like request mark on such plan and section the then state of the workings of the mine ; and the inspector shall be entitled to examine the plan and section, and for official purposes only to make a copy of any part thereof respectively.
(3) If the owner, agent, or manager of any mine fails to keep, or wilfully refuses to produce or allow to be examined, the plan and section aforesaid, or wilfully withholds any portion thereof, or wilfully refuses on request to mark thereon the state of the workings of the mine, or conceals any part of those workings, or produces an imperfect or inaccurate plan or section, he shall (unless he shows that he was ignorant of the concealment, imperfection, or inaccuracy) be guilty of an offence against this A c t ; and further, the inspector may by notice in writing (whether a penalty for the offence has or has not been inflicted) require the owner, agent, or manager to cause an accurate plan and section, showing the particulars hereinbefore required, to be made within a reasonable time at the expense of the owner of the mine. Every such plan must be on a scale of not less than two chains to the inch, or on the same scale as the plan for the time being in use

at the mine.
(I) If the owner, agent, or manager fails within twenty days after the requisition of the inspector, or within such further time as is allowed by the Minister, to cause such plan and section to be made as hereby required, be shall be guilty of an offence against this Act.
(5) Every copy as aforesaid shall be deposited in the principal office of the Department of Mines, and except as evidence in a court no copy thereof shall be furnished nor information in relation thereto given ; but if, on the complaint of any owner or lessee of the surface, or the accredited officer of any municipality, that his or their rights or interests may be affected by the working of the mine,

the

Minister t h i n k s

fit so to direct, t h e i n s p e c t o r shall

f u r n i s h

a tracing

of s u c h

p a r t

of the workings as a r e s i t u a t e d

under the surface in

respect

of which

c o m p l a i n t

h a s b e e n

m a d e .

(6) If a n y officer f u r n i s h e s a n y c o p y , t r a c i n g , or

i n f o r m a t i o n ,	or allows a n y p e r s o n	t o i n s p e c t	a n y s u c h	p l a n	or tracing,
u n l e s s	directed	by the	Minister as a f o r e s a i d ,	he s h a l l be guilty of	an

offence

a g a i n s t

t h i s

Act.

36. (1) Where in or about a n y mine, whether a b o v e or b e l o w

ground—

(a) loss of life or any p e r s o n a l i n j u r y whatever to a n y person
employed in or about the mine occurs by reason of any e x p l o s i o n of g a s or of any e x p l o s i v e or of any s t e a m - b o i l e r ; or

(b) loss of life or a n y s e r i o u s p e r s o n a l i n j u r y to a n y p e r s o n

e m p l o y e d in or about the m i n e occurs by r e a s o n of a n y

a c c i d e n t whatever.

the owner, agent, or manager of t h e mine shall, w i t h i n twenty-four hours next a f t e r t h e e x p l o s i o n or accident, send notice in w r i t i n g of

the

e x p l o s i o n

or a c c i d e n t ,

and of

the loss of

life

p e r s o n a l

i n j u r y

o c c a s i o n e d thereby to the i n s p e c t o r of the district, on behalf of the

Minister, and s h a l l spec i fy in t h e n o t i c e the character of the e x p l o s i o n

or accident, a n d the n u m b e r of p e r s o n s killed or injured r e s p e c t i v e l y .

(2) Where in or a b o u t a n y mine, whether above or be low

g r o u n d , loss of l i fe or s e r i o u s p e r s o n a l i n j u r y has i m m e d i a t e l y r e s u l t e d

from

e x p l o s i o n

a c c i d e n t ,

t h e place

where

the

e x p l o s i o n

a c c i d e n t

occurred

shall be left as it w a s i m m e d i a t e l y

a f t e r

the

e x p l o s i o n

a c c i d e n t

u n t i l

the

e x p i r a t i o n of

a t l e a s t

t h r e e

d a y s

a f t e r

t h e

s e n d i n g

of	s u c h	n o t i c e	as a f o r e s a i d	of	s u c h	e x p l o s i o n	or accident	or u n t i l	t h e
visit	of	the p l a c e	by	an	i n s p e c t o r ,	w h i c h e v e r	f i rs t	h a p p e n s ,	u n l e s s

c o m p l i a n c e with t h i s e n a c t m e n t would t e n d to i n c r e a s e or c o n t i n u e a

danger, or w o u l d i m p e d e the working of t h e m i n e .

(3) Where any p e r s o n a l i n j u r y , of w h i c h notice is r e q u i r e d

to be sent under t h i s s e c t i o n , r e s u l t s in t h e d e a t h of t h e p e r s o n i n j u r e d ,

n o t i c e in w r i t i n g of t h e death s h a l l be s e n t to t h e i n s p e c t o r of the

d i s t r i c t , on behalf of the Minister, w i t h i n t w e n t y - f o u r h o u r s a f t e r s u c h

death comes to t h e knowledge of the O w n e r , a g e n t , o r m a n a g e r .

(4) Every Owner , a g e n t , or m a n a g e r who fa i l s t o a c t in

c o m p l i a n c e with t h i s s e c t i o n s h a l l b e g u i l t y of an offence a g a i n s t t h i s
Act,

37. I n a n y of the f o l l o w i n g cases, namely—-

(a) w h e r e any w o r k i n g is c o m m e n c e d for the p u r p o s e of o p e n i n g
a new shaft f o r or a s c a m of a n y mine ;

( b ) where a s h a f t or s e a m of any mine is a b a n d o n e d , or the

w o r k i n g thereof d i s c o n t i n u e d ;

(c) where the w o r k i n g of a s h a f t o r a s e a m of a n y mine is

r e c o m m e n c e d a f t e r a n y a b a n d o n m e n t o r d i s c o n t i n u a n c e for

a p e r i o d e x c e e d i n g t w o m o n t h s ; o r (d)

(d)

where any change occurs in the name of any mine, or in the name of the owner, agent, or manager of any mine to which this Act applies, or in the principal officers of any incorporated company which is the owner of a mine,

the owner, agent, or manager of the mine shall give notice thereof to the inspector of the district within one month after the commencement, abandonment, discontinuance, recommencement, or change ; and if such notice is not given, the owner, agent, or manager shall be guilty of an offence against this Act.
3 8 . (1) Where any mine is abandoned, or the working thereof

discontinued, at whatever time the abandonment or discontinuance occurred, the owner thereof and every other person interested in the minerals of the mine shall cause the top of every shaft and every side entrance from the surface to be and to be kept securely fenced for the prevention of accidents : Provided that—

(a)

subject to any contract to the contrary, the owner of the mine shall, as between himself and any other person interested in the minerals of the mine, be liable to carry into effect this section, and to pay any costs, charges, and expenses incurred by any other person interested in the minerals of the mine in carrying this section into effect ;

(b)

nothing in this section shall exempt any person from any liability under any other Act or otherwise.
(2) If any person fails to act in conformity with this

section he shall be guilty of an offence against this Act.
(3) No person shall be precluded by any agreement from doing, or be liable under any contract to any damages, penalty, or forfeiture for doing such acts as may be necessary in order to comply with the provisions of this section.
(4) If any occupier of land or other person wilfully
obstructs the owner of a mine or other person interested as aforesaid
in doing any such acts he shall be guilty of an offence against this

Act.
(5) Any shaft or side entrance which is not fenced as required by this section, and is within fifty yards of any highway, road, footpath, or place of public resort, or is in open or unenclosed land, shall be deemed to be a public nuisance.
3 9 . ( 1 ) Where any mine or seam is abandoned, the owner of

the mine or seam at the time of its abandonment shall, within three months after the abandonment, send to the Minister an accurate plan showing the boundaries, the whole of the workings of the mine or seam up to the time of the abandonment, and the position of the workings with regard to the surface, and the general direction and rate of dip of the strata, together with a section of the strata sunk through, or if that is not reasonably practicable, a statement of the depth of the

shaft,

shaft, with a section of the seam. Every such plan must be on a scale of not less than two chains to the inch, or on the same scale as the plan used at the mine at the time of its abandonment.

(2) The plan and section shall be preserved under the care

of the Minister ; but no person, except as provided in section thirty-

five, other than an inspector under this Act, shall be entitled, without

the consent of the owner or agent of the mine or seam, to sec the plan when so sent until after the expiration of ten years from the time of the abandonment.
(3) The owner or agent aforesaid shall also, within three months of the abandonment of the mine or seam, send to the inspector of the district, on behalf of the Minister, a correct return specifying, with respect to the period which has elapsed since the expiration of the year covered by the last annual return made under this Act, the particulars required in that return ; and the provisions of this Act with respect to the said annual return shall apply to the return so sent.

(4) If the owner or agent of a mine or seam fails to comply with this section he shall be guilty of an offence against this Act, and be liable to a fine not exceeding thirty pounds.

(5) A complaint or information of an offence under this section may be made or laid at any time within six months after abandonment of the mine or seam, or after service on the owner or agent aforesaid of a notice to comply with the requirements of this section whichever last happens.

4 0 . All notices under this Act shall be in writing, and when expressly so required, shall be in print, and all notices and documents required by this Act 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.

DIVISION 6.—Employment of boys and females.

4 1 . No boy under the age of fourteen years and no female shall be employed in and about a mine.

4 2 . (1) No 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 Act, with respect to the employment of such boys in a mine below ground, the following regulation 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 )
(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 Act, 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, or to some person appointed by that manager, that he is about to employ the boy in the mine.
43. If any person contravenes or fails to comply with, or

permits any person to contravene, or fail to comply with, any provision of this Act 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 Ac 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 Act, unless he proves that he had taken all reasonable means, by publishing, and, to the best of his power, enforcing the provisions of this Act, to prevent the contravention or non-compliance.
DIVISION 7 . — Wages.
44. (1) No wages shall be paid to any person employed in or

about any mine at or within any public-house, beer-shop, or place for the sale of any spirits, beer, wine, cider, or other spirituous or fermented
liquor, or other house of entertainment, or any office, garden, or place
belonging thereto or occupied therewith.
(2) Every person who contravenes or fails to comply with or permits any person To contravene or fail to comply with this section shall be guilty of an offence against this Ac 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 Act, unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing the provisions of this section, to prevent the contravention or non compliance.
45 o (1) Where the amount of wages paid to any of the persons
employed in a mine depends on the amount of mineral gotten by them,
those persons shall be paid according to the actual weight gotten by

them

them of the mineral contracted to he gotten, and the mineral gotten by them shall be truly weighed at a place as near to the pit mouth as is reasonably practicable :
Provided that nothing in this section shall preclude the owner, agent, or manager of the mine from agreeing with the persons employed in the mine that deductions shall be made in respect of stones or substances other than the mineral contracted to be gotten, which shall be sent out of the mine with the mineral contracted to bo gotten, or in respect of any tubs being improperly filled in those cases where they are filled by the getter of the mineral or his drawer, or by the person immediately employed by him, such deductions being determined in such special mode as may be agreed upon between the owner, agent, or manager of the mine on the one hand, and the persons employed in the mine on the other, or by some person appointed in that behalf by the owner, agent, or manager, or, if any check-weigher is stationed for this purpose as hereinafter mentioned, by such person and such check-weigher, or in case of difference by a third person to be mutually agreed on by the owner, agent, or manager of the mine on the one hand, and the persons employed in the mine on the other, or in default of agreement appointed by a chairman of a court of quarter sessions within the jurisdiction of which any shaft of the mine is situate.
(2) If any person contravenes or fails to comply with, or permits any person to contravene or fail to comply with this section, he shall be guilty of an offence against this Ac 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 Act, unless he proves that he had taken all reasonable means by publishing, and to the best of his power, enforcing the provisions of this section to prevent the contravention or non compliance.

(3) Nothing in this Act shall be held to authorise or give

method known as the standard weight system, being the system any power to any owner or manager of a mine to pay miners by the
abolished by the Act sixtieth Victoria number twelve.

(4) Where in the case of any mine or class of mines employing not more than twenty persons under ground, upon the joint representation of the owner or owners of any such mine or class of mines and the persons employed therein, it is proved to the satisfaction of the Minister to be expedient that such persons should be paid by any method other than that provided by this Act, such Minister may, if he think fit, by order, allow the same either without conditions or during the time and on the conditions specified in the order.
4 6 . Whenever any sum of money not exceeding fifty pounds
is claimed to be due to any person on account of any kind of labour
performed at any coal mine in charge of an owner or agent, any

justice
justice of the peace or clerk of petty sessions, upon complaint made to him touching or concerning the non-payment of any such sum, may summon such owner or agent to appear before any two justices of the peace at the nearest petty sessions, and the justices of the peace there assembled may examine the parties and their respective witnesses touching the complaint, and may inspect any agreement or duplicate copy thereof if produced, and may make an order for the payment by such owner or agent of such sum, not exceeding fifty pounds, as appears to such justices to be lawfully due, together with all costs incurred and damage sustained by the complainant in prosecuting such claim.
4 7 . (1) The persons who are employed in a mine, and arc paid according to the weight of the mineral gotten by them, may, at their own cost, station a person, in this Act referred to as " a check-weigher," at each place appointed for the weighing of the mineral, and at each place appointed for determining the deductions, in order that he may, on behalf of the persons by whom, he is so stationed, take a correct account of the weight of the mineral, or determine correctly the deductions, as the case may be. He shall be authorised to require that the process of weighing shall be carried on continuously throughout the working hours during the whole time that the pit is drawing coal.

(2) A check-weigher shall have every facility afforded to him for enabling him to fulfil the duties for which he is stationed, including facilities for examining and testing the weighing machine, and checking the taring of tubs and trams where necessary, and including also the continuous weighing of the coal; and if at any time proper facilities are not afforded to a check-weigher as required by this section, the owner, agent, and manager of the mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means to enforce to the best of his power the requirements of this section. ( 3) A check-weigher shall not be authorised in any way
to impede or interrupt the working of the mine, or to interfere with the weighing, or with any of the workmen, or with the management of the mine, but shall be authorised only to fulfil the duties in the two preceding subsections mentioned, and the absence of a check-weigher from the place at which he is stationed shall not be a reason for inter rupting or delaying the weighing or the determination of deductions at such place respectively ; but the same shall be done or made by the person appointed in that behalf by the owner, agent, or manager, unless the absent check-weigher had reasonable ground to suppose that the weighing or the determination of the deductions, as the case may be, would not be proceeded with :
Provided always that nothing in this section shall prevent a
check-weigher giving to any workman an account of the mineral

gotten

gotten by him, or information with respect to the weighing or the weighing-machine, or the taring of the tubs or trams, or with respect to the deductions, or any other matter within the scope of his duties as check-weigher, so always, nevertheless, that the working of the mine he not interrupted or impeded.

(4) If the owner, agent, or manager of the mine desires the removal of a check-weigher on the ground that the check-weigher has impeded or interrupted the working of the mine, or interfered with the weighing or with any of the workmen, or with the management of the mine, or has at the mine, to the detriment of the owners agent, or manager, done anything beyond taking such account, determining such deductions, or giving such information as aforesaid, the owner, agent, or manager may complain to the nearest court of petty sessions, who, if of opinion that the owner, agent, or manager shows sufficient prima facie ground for the removal of the check-weigher., shall call on the check-weigher to show cause against his removal.
(5) On the hearing of the case the court shall hear the parties, and if they think that at the hearing sufficient ground is shown by the owner, agent, or manager to justify the removal of the check- weigher shall make a summary order for his removal, and the check- weigher shall thereupon be removed, but without prejudice to the stationing of another check-weigher in his place.
(0) Proceedings for the removal of a check-weigher shall be deemed to be a matter on which justices in petty sessions have authority by law to make an order, and the court may in every case make such order as to the costs of the proceedings as the court may think just.
(7) If in pursuance of any order of exemption made by the Minister the persons employed in a mine are paid by the measure or gauge of the material gotten by them, the provisions of this Act shall apply in like manner as if the term " weighing " included measuring and gauging, and the terms relating to weighing shall be construed

accordingly.

(8) If the person appointed by the owner, agent, or manager to weigh the mineral impedes or interrupts the check-weigher in the proper discharge of his duties, or improperly interferes with or alters the weighing-machine or the tare in order to prevent a correct account being taken of the weighing and taring, he shall be guilty of an offence against this Act.

4 8 . ( 1 ) Where a check-weigher has been appointed by the majority, ascertained by ballot, of the persons employed in a mine who are paid according to the weight of the mineral gotten by them, and has acted as such, he may recover from any person for the time being employed at such mine and so paid his proportion of the check-weigher's

x wages
wages or recompense, nothwithstanding that any of the persons by whom the check-weigher was appointed may have left the mine or others have entered the same since the check-weigher's appointment, any rule of law or equity to the contrary nothwithstanding.
(2) I t shall be lawful for the owner or manager of any mine, w h e r e the majority of the before-mentioned persons, ascertained as aforesaid, so agree, to retain the agreed contribution of the persons so employed and paid as aforesaid for the check-weigher, and to pay and account for the same to the check-weigher.
4 9 . (1) The Weights and Measures Act, 1893, and any Act relating to weights and measures, shall apply to ail weights, balances, scales, steelyards, and weighing-machines used at any time for deter mining the wages payable to any person employed in the mine according to the weight of the mineral gotten by him, in like manner as it applies to weights, balances, scales, steelyards, and weighing- machines used for trade.
(2) An inspector of weights and measures appointed under the said Act shall once at least in every six months inspect and examine in manner directed by the said Act, the weights, balances, scales, steelyards, and weighing-machines used or in the possession of any person for use as aforesaid at any mine within his district; and shall also make such inspection and examination at any other time in any case where he has reasonable cause to believe that there is in use at the mine any false or unjust weight, balance, scale, steelyard, or weighing-machine.
(3) The inspector shall also inspect and examine the measures and gauges in use at the mines within his district; but nothing in this section shall prevent or interfere with the use of the measures or gauges ordinarily used at the mine.
(4) An inspector may, for the purposes of this section

without any authorisation from a justice of the peace, exercise at or in
any mine, as respects all weights, measures, scales, balances, steelyards,
and weighing-machines used or in the possession of any person for use at or in that mine, all such powers as he could exercise, if authorised in writing by a justice of the peace, under the Weights and Measures Act, 1898, with respect to any such weights, measures, scales, balances, steelyards, and weighing machines as therein mentioned ; and all the provisions of sections twelve and thirteen of that Act, including the liability to penalties, shall apply to such inspection.
(5) The inspector of weights and measures shall not, in fulfilling the duties required of him under this section, impede or obstruct the working of the mine.

DIVISION

DIVISION 8.—Single shafts.
5 0 . (1) The owner, agent, or manager of amine shall not employ

any person in the mine, or permit any person to be in the mine for the purpose of employment therein, unless the following conditions respecting shafts or outlets are complied with, that is to say—

(a) There must beat least two shafts or outlets, with which every seam for the time being at work in the mine shall have a communication, so that such shafts or outlets shall afford separate means of ingress and egress available to the persons employed in every such seam, whether the shafts or outlets belong to the same mine or to more than one mine.
(b) Such shafts or outlets must not at any point be nearer to one another than fifty yards, and there shall be between such two shafts or outlets a communication not less than four feet wide and six feet high.
(e) Proper apparatus for raising and lowering persons at each such shaft or outlet shall be kept on the works belonging to the mine, and such apparatus if not in actual use at the shafts or outlets shall be constantly available for use.

(2) Every owner, agent, and manager of a mine who acts in contravention of or fails to comply with this section shall be guilty of an offence against this Act.

(3) The Supreme Court, whether any other proceedings have or have not been taken, may, on the application of the Attorney- General, prohibit by injunction the working of any mine in which any person is employed, or is permitted to be for the purpose of employ ment in contravention of this section, and may award such costs in the matter of the injunction as the court thinks j u s t ; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Act.

(4) Writ ten notice of the intention to apply for such

injunction in respect of any mine shall be given to the owner, agent	or manager of the mine not less than ten days before the application
is made.

5 1 . No person shall be precluded by any agreement from doing

such acts as may be necessary for providing a second shaft or outlet to a mine, where the same is required by this Act or be liable under any contract to any penalty or forfeiture for doing such acts as may be necessary in order to comply with flu: provisions of this Act with respect to shafts or outlets.

5 2 . (1) The foregoing provisions of this Act with respect to shafts or outlets shall not apply—•

(a) in the case of a new mine being opened- -
(i) to any working for the purpose of making a communication

between two or more shafts; (ii)
(ii) to any working for the purpose of searching for or proving minerals;
so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connection with a single shaft or out le t ; nor

(b) to any proved mine, so long as it is exempted by order of the Minister, on the ground either—
(i) that the quantity of mineral proved is not sufficient to repay the outlay which would be occasioned by sinking or making a second shaft or outlet, or by establishing communication with a second shaft or outlet, in any case where such communication existed and has become unavailable ; or
(ii) that the workings in any seam of the mine have reached the boundary of the property or the extremity of the mineral field of which that seam is a part, and that it is expedient to work away the pillars already formed in course of the ordinary working, notwithstanding that one of the shafts or outlets may be cut off by so working away the pillars of that seam ;
and so long as not more than twenty persons are employed below ground at any one time in the. whole of the different seams in connection with a single shaft or out le t ; nor

(c) to any mine—
(i) while a shaft is being sunk or an outlet being made ; or
(ii) one of the shafts or outlets of which has become, by reason of some accident, unavailable for the use of the persons employed in the mine ;
so long as the mine is exempted by order of the Minister, and as the conditions, if any, annexed to the order of exemption are duly observed.
if

yards shall not apply to any mine which was provided with two shafts outlets of a mine to be separated by a distance of not less than fifty (2) The provision in this Act requiring the two shafts or

sunk before the first day of October, one thousand eight hundred and ninety-six, but at that time separated by a distance of less than ten feet or commenced to be sunk before the said date, but separated by a distance of more than ten feet and less than fifty yards.

(3) The foregoing provisions of this Act as to the dimen sions of the communication between two shafts or outlets shall not apply to any mine or class of mines so long as the same is exempted therefrom by order of the Minister, by reason of the thinness of the seams or other exigencies affecting that mine or class of mines, and so long as the conditions, if any, annexed to the order of exemption are

duly observed. DIVISION

DIVISION 9. — Division of mine into parts.

5 3 . (1) Where two or more parts of a mine are worked separately, the owner, agent, or manager of the mine shall give notice in writing to that effect to the inspector of the district, and thereupon each such part shall, for all purposes of tin's Act, he deemed to be a separate mine.

(2) If the Minister is of opinion that the division of a mine in pursuance of this section tends to lead to evasion of the provisions of this Act, or otherwise to prevent the carrying of this Act into effect, he may object to the division by notice served on the owner, agent, or manager of the mine; and the owner, agent, or manager, if be declines to acquiesce in such objection, may, within twenty days after receipt of the notice, send a notice to the inspector of the district, stating that he declines to acquiesce, and thereupon the matter shall be determined by arbitration in manner provided by this Act, and the date of the receipt of the last-mentioned notice shall be deemed to be the date of the reference.

P A R T I I .
RULES.

DIVISTON 1.— General Hides.

5 4 . The following general rules shall he observed, so far as is reasonably practicable, in every mine :—

Rule 1. (a) In every mine which is in operation, unless a
certificate of exemption from compliance with this rule has
been granted by the Minister, whether any person employed

tion by air drawn from a pure source, by means of a furnace therein shall be below ground or not, an amount of ventila or mechanical contrivance, shall be continuously produced

(except where the furnace or mechanism supplying the producing-power is wholly or partially suspended for necessary repair or alteration) adequate to dilute and render harmless noxious gases to such an extent that the working- places of the shafts, levels, stables, and workings of the mine and the travelling-read to and from those working-places shall be in a fit state for working and passing therein : Provided that when any mine has ceased to be worked the Minister shall grant such certificate of exemption if on the report of the Chief inspector of Coal Mines the Minister is satisfied that the granting of such exemption will not
endanger
endanger human life, hut in such case the ventilating apparatus shall be kept in operation for at least twenty-four hours before the miners o r other workmen are allowed to re-enter the mine.
(b) When any person or animal employed or used in the mine is below ground for any l a w f u l purpose, the ventilation so to be produced shall be the supply of pure air in quantity not less than one hundred cubic feet per minute for each person or animal so below ground as aforesaid, which air in that proportion, but with as much more as the inspector shall direct, shall sweep along the a i r -ways and be forced as far as the face of and into each and every working-place where any person or animal is engaged or passing, main return air-ways only excepted.
(c) The provisions contained in part (b) of this rule as to a minimum supply shall in no way operate to reduce the obligations imposed by part (a) thereof.
(d) Every mine, except such as are worked on the long- wall system, shall be divided into districts or splits of not more than seventy men in each; and each district shall be supplied with a separate current of fresh air. The intake air shall travel free from all stagnant water, stables, and old workings.
In the case of mines required by this Act to be under the control of a certificated manager, the quantity of air in the respective splits or currents shall, at least once in every month, be measured, and entered in a book to be kept for the purpose at the mine.
Rule 2. Where a fire is used for ventilation in any mine newly
opened after the first day of October, one thousand eight
hundred and ninety-six, the return air, unless it is so diluted

Rule 6. Where a mechanical contrivance for ventilation is intro duced into any mine after the last-mentioned date, it shall b e in such position and placed under such conditions as will tend to insure its being uninjured b y an explosion. as not to be inflammable, shall be carried off clear of the fire by means of a dumb drift or airway.
Rule 4. A station or stations shall be appointed at the entrance to the mine, o r to different parts of the mine, as the ease may require, and the following provisions shall have effect: —
(a) As to inspection before commencing work :—
A competent person or competent persons appointed b y the owner, agent, or manager for the purpose, not being a contractor for getting minerals in the mine shall, within such time immediately before the commencement of each

shift

shift as shall be fixed by special rules made under this Act, inspect every part of the mine situate beyond the station or each of the stations, and in which workmen arc to work or pass during that shift, and shall ascertain the condition thereof so far as the presence of gas, ventilation, roof, and sides, and general safety arc concerned.

No workman shall pass beyond any such station until the part of the mine beyond that station has been so examined and stated by such competent person to be safe.
The inspection shall be made with a locked safety lamp, except in the case of any mine in which inflammable gas has not been found within the preceding twelve months.
A report specifying where noxious or inflammable gas, if any, was found present, the condition of the ventilation, and what defects, if any, in roofs or sides, and what, if any, other source of danger were or was observed, shall be recorded without delay in a book to be kept at the mine for the purpose, and accessible to the workmen, and such report shall be signed by, and, so far as the same does not consist of printed matter, shall be in the handwriting of the person who made the inspection.
For the purpose of the foregoing provisions of this rule, two or more shifts succeeding one another without any interval are to be deemed to be one shift,
(b) As to inspection during shifts :—
A similar inspection shall be made in the course of each shift of all parts of the mine in which w o r k m e n are to work or pass during that shift, but it shall not be necessary to record a report of the s a m e in a book : Provided that in the c a s e of a mine worked continuously throughout the twenty-four hours by a succession of shifts, the report of one of such inspections shall be recorded in manner above

Rule 42. Every sinking shaft exceeding one hundred and fifty feet in depth shall be provided with guides and guide attach ments applied in such manner as to prevent the bucket or other appliance from swinging while being lowered or raised in such shaft, and such guides and guide attachments shall
bo
be maintained from the surface to a distance of not more than seventy-five feet from the bottom of such shaft until its sinking has been completed.

5 5 . Where it is reported to an inspector, and such inspector is satisfied after due inquiry, that any person is working in any mine in contravention of the provisions of rule forty of section fifty-four, he may, after giving notice to the owner of the mine, or his agent or manager, order such person to cease working, and such person shall thereupon cease working as aforesaid.
5 6 . Every person who contravenes or does not comply with any of the general rules in this Act shall be guilty of an offence against this Ac t ; and in the event of any contravention of or non-compliance with any of the said general rules in the case of any mine to which this Act applies, by any person whomsoever, the owner, agent, and manager, shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing the said rules as regulations for the working of the mine, to prevent such contravention or non-compliance.
DIVISION 2.—Special rules.

5 7 . (1) There shall be established in every mine such rules, referred to in this Act as special rules, for the conduct and guidance of the persons acting in the management of such mine or employed in or about the mine as, under the particular state and circumstances of such mine, may appear best calculated to prevent dangerous accidents, and to provide for the safety, convenience, and proper discipline of the persons employed in or about the mine.
(2) Such special rules, when established, shall be signed in duplicate by the inspector who is inspector of the district at the time the rules are established, and shall be observed in and about every such mine, including any extension thereof, in the same manner as if

they were enacted in this Act.
(3) If any person who is bound to observe the special rules established for any mine acts in contravention of or fails to comply with any of them, he shall be guilty of an offence against this Act, and also the owner, agent, and manager of such mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing the rules and regulations for the working of the mine, so as to prevent such contravention or non-compliance.
5 8 . (1) The owner, agent, or manager of every mine shall frame and transmit to the inspector of the district, for approval by the Minister, special rules for the mine within three months after the commencement of any working for the purpose of opening a new mine

or of renewing the working of an old mine. (2)

(2) The proposed special rules, together with a printed notice specifying that any objection to the rules on the ground of anything contained therein or omitted therefrom, may be sent by any of the persons employed in the mine to the inspector of the district, at his address, stated in the notice, shall, during not less than two weeks before the rules are transmitted to the inspector, be posted up in like manner as is provided in this Act respecting the publication of special rules for the information of persons employed in the mine ; and a certificate that the rules and notice have been so posted up shall be sent to the inspector, with two copies of the rules signed by the person sending the same.

(3) If the rules are not objected to by the Minister within
forty days after their receipt by the inspector they shall be established.
5 9 . (1) If the Minister is of opinion that the proposed special
rules so transmitted, or any of them, do not sufficiently provide for
the prevention of dangerous accidents in the mine or for the safety or
convenience of the persons employed in or about the mine, or are
unreasonable, he may, within forty days after the rules are received by
the inspector, object to the rules, and propose to the owner, agent, or

manager, in writing, any modification in the rules, by way either of

omission, alteration, substitution, or addition.
(2) If the owner, agent, or manager docs not, within twenty days after the modifications proposed by the Minister are received by him, object in writing to them, the proposed special rules, with those modifications, shall be established.

(3) If the owner, agent, or manager sends his objection in writing within the said twenty days to the Minister, the matter shall be referred to arbitration under this Act, and the date of the receipt of the objection by the Minister shall be deemed to be the date of the reference, and the rules shall be established as settled by an award on arbitration.

6 0 . (1) After special rules are established under this Act in any mine, the owner, agent, or manager of the mine may propose in writing to the inspector of the district, for the approval of the Minister, any amendment of the rules or any new special rules; and the provisions of this Act with respect to the original special rules shall apply to all such amendments and new rules in like manner, as nearly as may be, as they apply to the original rules.

(2) The Minister may propose in writing to the owner, agent, or manager of the mine any new special rules, or any amendment of the special rules ; and the provisions of this Act with respect to a proposal of the Minister for modifying the special rules transmitted by the owner, agent, or manager of a mine, shall apply to all such new special rules and amendments in like manner, as nearly as may be, as they apply to the proposal.

Y 6 1 .
6 1 . If the owner, agent, or manager of any mine makes any
false statement with respect to the posting up of the rules and notices,
h e shall he guilty of an offence against this A c t ; and if special rules
for any mine are not transmitted within the time limited by this Act to the inspector for the approval of the Minister, the owner, agent, and manager of such mine shall each he guilty of an offence against this Act, unless he proves that he had taken all reasonable means, by enforcing to the best of his p o w e r the provisions of this Act, to secure the transmission of the rules.
6 2 . An inspector under this Act shall, when required, certify

a copy which is shown to his satisfaction to be a true copy of any special rules which, for the time being, are established under this Act in any mine, and a copy so certified shall b e evidence of such special rules, and of the fact that they are duly established under this Act and have been signed by the inspector.
6 3 . The Governor may make and publish in the Gazette a set

o r s e t s of special rules, and thereafter the rules so made and published
shall be deemed the special rules of every mine t o w h i c h this Act applies and in respect of which no special rules shall be i n force : Provided that upon special rules being established for any mine, the special rules made by the Governor as aforesaid shall cease to apply to such mine.
DIVISION 3.—Publication of abstract of Act and of special rules.
6 4 . For the purpose of making known the provisions of this

Act and t h e special rules to all persons employed in and about each mine, an abstract of this Act supplied, on the application of the owner, agent, or manager of the mine, by the inspector of the district on behalf of t h e Minister, and a correct copy of all the special rules shall

be published, as f o l l o w s —

(a)

the owner, agent, or manager of the mine shall cause the abstract and copy of the rules, w ith the name of the mine and the name and address of the inspector of the district, and the name o f the owner, or agent, and of the manager, appended thereto, to be posted u p , i n legible characters, i n s o m e conspicuous place at or near the mine, where they may be conveniently read b y the persons employed ; and so often as the same become defaced, obliterated, or destroyed, shall cause them to be renewed with all reasonable despatch ;

(b)

the owner, agent, or manager shall supply a printed copy of the abstract, and the special rules, gratis to each person employed i n or about the mine who applies for a copy at the office at w h i c h the persons immediately employed by the owner, agent, o r manager are paid ;

(c)

(c)

every copy of the special rules shall be kept distinct from any rules which depend only on the contract between the employer and the employed.

In the event of any non-compliance with the provisions of this section by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this Ac t ; but the owner, agent, or manager of such mine shall not be deemed guilty if be 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.

6 5 . 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 Act, or any notice posted up in pursuance of the special rules, shall be guilty of an offence against this Act.

PART I I I .
SUPPLEMENTAL.
DIVISION 1.—Legal proceedings.

6 6 . The procedure at inquests on the bodies of persons whose deaths have been caused by explosions or accidents in or about mines and the right of relatives and other persons at such inquests shall be regulated by the provisions of the Coroners Act, 1 9 1 2 .

No prosecution shall be instituted against a coroner for any offence in respect of any such inquest except with the consent in writing of the Minister.

6 7 . 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 Act, shall be deemed to be guilty of an offence against

this Act.

6 8 . Every person who is guilty of an offence against this Act for which a penalty is not expressly prescribed, shall be liable to a fine not exceeding, if be 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 any such offence, to a further fine not exceeding five pounds for every day after such notice that such offence continues to be committed.

6 9 . 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 any offence against this Act 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 dangerous

accident,
accident, 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 tine will not meet the circumstances of the case, to imprisonment with or without hard labour for a period not exceeding three months.
7 0 . In every part of New South Wales the following provisions

shall have effect:—

(a)

Any complaint or information made or laid in pursuance of this Act shall (save as otherwise expressly provided by this Act) be made or laid within six months from the time when the matter of the complaint or information arose.

(b)

Any person charged with any offence under this Act may, if he thinks lit, be sworn and examined as an ordinary witness in the case.

(c)

The court shall, if required by either party, cause minutes of the evidence to be taken and preserved.

7 1 . Where, in consequence of any false representation and
under the belief in good faith that such representation is true, any boy
is employed at an age at which his employment is a contravention of
this Act, or any person is allowed to work as a coal-getter or a shale-
g e t t e r in the face of the workings of a mine in contravention of the
provisions of this Act, the owner, agent, or manager of the mine and employer shall be exempted from any penalty for such contravention; and the person making the false representation shall be deemed guilty
of an offence against this Act.
7 2 . No prosecution shall be instituted against the Owner ,
agent, manager, or under-manager of a mine for any offence under
t h i s Act, not committed personally by such Owner, agent, manager, or
under-manager, which can be prosecuted before justices of the peace
i n petty sessions, except by an inspector or with the consent in writing
of the Minister; and in the case of any offence of which the owner,

thereof, an inspector shall not institute any prosecution against such agent, manager, or under-manager of a mine is not guilty, if he proves that he had taken all reasonable means to prevent the commission
Owner, agent, manager, or under-manager, if satisfied that he had
taken such reasonable means as aforesaid.
7 3 . Where the O w n e r , agent, or manager of a mine has taken

proceedings under this Act against any person employed in or about a mine in respect of an offence committed under this Act, he shall within twenty-one days after the hearing of the case report the result thereof to the inspector of the district.
7 4 . (1) Nothing in this Act shall prevent any person from being indicted or liable under any other Act or otherwise to any other or higher penalty or punishment than is provided for any offence by this Act, but no person shall be punished twice for the same offence.

(2)

( 2 ) If the justices of the peace before whom a person is

charged with an offence under this Act think that proceedings ought to be taken against such person for such offence under any other Act or otherwise, they may adjourn the case to enable such proceedings to be taken.
7 5 . A person who is the owner, agent, or manager of any mine, or a miner or miner's agent, or the father, son, or brother, or father-in-law, son-in-law, or brother-in-law of such owner, agent, or manager, or of a miner or a miner's agent, or who is a director of a company being the owner of a mine, shall not sit in petty sessions or adjudicate in respect of any offence under this Act.

7 6 . Where a fine is imposed under this Act for neglecting to send a notice of any explosion or accident, or for any offence against this Act which has occasioned loss of life or personal injury, the Minister may, if he thinks fit, direct such fine to be paid to or distributed among the persons injured, and the relatives of any persons whose death may have been occasioned by the explosion, accident, or offence, or among some of them : Provided that—

(a) such persons did not in his opinion occasion or contribute to occasion the explosion or accident, and did not commit and were not parties to committing the offence ;
(b) the fact of the payment or distribution shall not in any way
affect or be receivable as evidence in any legal proceeding relative to or consequential on the explosion, accident, or offence.

Save as aforesaid all fines recovered under this Act shall be paid into the Treasury and carried to the Consolidated Revenue Fund.

DIVISION 2.—Miscellaneous.

7 7 . Any document referring to the Act thirty-ninth Victoria number thirty-one, or to any Act repealed by the Act No. 7 3 of ] 9 0 2 ,

or by this Act, or to any enactment of any such Act, shall be construed to refer to this Act, and to the corresponding enactments

thereof.

7 8 . If any question arises, otherwise than in legal proceedings,

whether a mine is a mine to which this Act applies, the question shall
bo referred to the Minister, whose decision thereon shall be final.

7 9 . Any order of or exemption granted by the Minister under

this Act may be made, and from time to time revoked or altered by the Minister, either unconditionally or subject to such conditions as he may see fit, and shall be signed by the Minister or Under Secretary for Mines,

8 0 ,
8 0 . (1) Upon the affidavit of any person taken before any justice of the peace or commissioner of the Supreme Court for taking affidavits claiming to be legally or equitably interested in any mine or in any land adjoining or near to any other mine, that the owner of such last-mentioned mine is, or is by the person making such affidavit, believed to be encroaching upon such first-mentioned mine or land, the Minister may, by writing under his hand, authorise an inspector, together with a mining surveyor or experienced miner, to enter upon such last-mentioned mine or land for the purpose of ascertaining whether any such encroachment has been made, and if so the extent
thereof.
(2) Before granting such authority the Minister shall require the person making or lodging the affidavit to deposit such a sum of money not exceeding one hundred" pounds as is necessary to cover the cost of such inspection.
(3) The persons so authorised may thereupon enter on the mine or land described in such order and descend any shaft or enter any mine, and for such purpose use the engines and other machinery ordinarily employed for that purpose by the person whose shaft or mine is descended or entered, and make such plans and sections of the mine or land entered upon and of any drives or other works therein as are necessary for the purpose of aforesaid ; and the owner or agent of the mine to be entered upon shall render all necessary assistance to the person so authorised.
(4) Every such inspector, or surveyor, or miner shall, before entering on such mine or land, make a statutory declaration that he will not, except as a witnesss in a court of justice, without the consent in writing; of the owner of the mine or land to be entered upon, divulge or cause to be divulged to any person whomsoever any information obtained upon or by such entry save only as to whether such owner is encroaching on such first-mentioned mine or land.
(5) Every person who acts contrary to such declaration,

and any owner or agent who refuses such assistance as is necessary to
enable the persons authorised by the Minister to descend the shaft or
enter and examine the mine, shall forfeit and pay a sum not exceeding-
ten pounds.
(6) The Minister may, out of the sum deposited as afore said, defray the cost of such inspection, and if such owner or agent- render such assistance as is necessary for the purpose aforesaid, and if there is no encroachment, may out of such sum award to such owner compensation for any loss or expense to which he may be put by reason of such inspection.

SCHEDULES.

SCHEDULES.

F I R S T S C H E D U L E .

Number of Act. Title of Act. Extent of repeal.

No. 73, 1902 ... Coal Mines Regulation Act, 1902 The whole unre
pealed portion.

No. 11, 1904 ... Coal Mines Regulation (Inspection) Act , 1904. . . The whole.

No. 25, 1905 . . . Coal Mines Regulation (Amending) Act , 1905. . . The whole, except
section 8.

No. 33, 1908 ... Coal Mines Regulation (Amending) Act, 1908 . . . The whole.
No. 40, 1910 ... Coal Mines Regulation (Ventilation) Act , 1910. . . The whole.

S E C O N D S C H E D U L E .

Proceedings of board 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 conditions :—

(a) An extraordinary meeting may be held at any time on the written requisition of three members of the board addressed to the chairman.
(b) 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 has 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. If 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. In 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 he 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

T H I R D S C H E D U L E .
Table of maximum fees to be paid in respect of certificates.

First-class certificate. .£ s. d.

By an appl icant for examinat ion . . . . . . . . . . . . 2 0 0

Fo r copy of certificate . . . . . . . . . . . . . . . 0 5 0
Second-class certificate.

By an appl icant for examinat ion . . . . . . . . . . . . 1 0 0

Fo r copy of certificate . . . . . . . . . . . . . . . 0 2 6

F O U R T H S C H E D U L E .
COAL M I N E S REGULATION ACT, 1912.

Form of return.

T H I S form to be correctly filled up by the owner, agent , or manager , and sent to t h e
inspector of the district , on behalf of the Minister , on or before twenty-first J a n u a r y
every year.

P A R T A.

Y e a r ending 31 December, 19 ,

N a m e of mine
S i tua t ion

of mine
County
N a m e of owner (company)
N a m e of manager

N a m e of under-manager

Posta l address
R e t u r n of persons ordinari ly employed dur ing the year .

Boys under 16...............................

U n d e r g r o u n d
U n d e r g r o u n d
U n d e r g r o u n d
U n d e r g r o u n d
U n d e r g r o u n d
U n d e r g r o u n d
U n d e r g r o u n d
Males above 16
Total under ground........................
Boys under 14................................

Above ground (including those employed on sidings and pr iva te branch rai lways
Above ground (including those employed on sidings and pr iva te branch rai lways
Above ground (including those employed on sidings and pr iva te branch rai lways
Above ground (including those employed on sidings and pr iva te branch rai lways
Above ground (including those employed on sidings and pr iva te branch rai lways
Above ground (including those employed on sidings and pr iva te branch rai lways

Above ground (including those employed on sidings and pr iva te branch rai lways

Boys of 14 and under 16................
and t ramways , and in (loaning, wash
and t ramways , and in (loaning, wash
and t ramways , and in (loaning, wash
and t ramways , and in (loaning, wash
and t ramways , and in (loaning, wash
and t ramways , and in (loaning, wash

and t ramways , and in (loaning, wash Males above 16
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal). Total above ground........................
Tota l number of persons employed
under ground and above ground

Quant i ty

Quant i ty of mineral wrought dur ing the year.

Mineral wrought. Number of statute tons wrought. Value.

Coal

Shale-oil sha le . . .
Shale used for o ther purposes
The n u m b e r of days in each month on which coal or shale has been drawn.
Number of days on which coal
or shale was drawn.

J a n u a r y F e b r u a r y March . . .

Apr i l . . .

M a y J u n e J u l y Augus t
September
October
November
December

day of 19 .
(Signed)

P A R T B

N a m e of mine
j

Diameter and depth of downcast Number of splits Airways.
Average total
Average total

and upcast shafts. and quantity. quantity of frebh
quantity of frebh

Mode of air per minute.
air per minute.
Mode of
Mode of

Name Length Sectional
Name
Name
ventilation,
ventilation,
ventilation,

of Downcast. Upcast. of splits. area.
of
of

v i th
v i th
v i th

geam.
geam.

geam. Quantity
Quantity
description.
description.

description. in cubic
in cubic
Splits
Splits

Diameter Depth Diameter Depth feet per

feet per Yards. Square Cubic.
in feet. in feet. in feet. in feet. minute.

minute. feet.
Act

DIVISION	1.— General	rules—ss.	5 4 - 5 6 .
DIVISION	2.—Special	rules—ss.	5 7 - 6 3 .

DIVISION	1.—Legal proceedings—-ss.	6 6 - 7 6 .
DIVISION	2.—Miscellaneous—ss.	7 7 - 8 0 .

(a)	the owner or agent of the mine shall not be liable to any such fine if he proves that he had taken all reasonable means by the enforcement of this section to prevent the mine being worked in contravention of this section;
(b)	if for any reasonable cause there is for the time being no manager of a mine qualified as required by this section, the owner or agent of the mine may appoint any competent person not holding a certificate under this Act to be manager,

in a mine for at least five years.	competency under this section unless he has had practical experience
(2) For the purpose of ascertaining the persons to receive certificates of competency for the purposes of this Act, examiners shall be appointed by a board consisting of—

(b)	three persons employed or who have been employed in or about any mine in New South Wales not being owners, agents, or managers of a mine; and
(c)	three persons practising as mining engineers or managers of mines in New South Wales ; and

(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, under-manager, or winding-engine driver 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, under-manager, or winding-engine driver 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)	the person or persons appointed to hold the inquiry, in this section and in section sixteen referred to as the court, shall, on the conclusion of the inquiry, send to the Minister a report containing a full statement of the case, and the opinion of
the court thereon, and such report of or extracts from the
evidence as the court thinks fit;

(a)	makes or gives any declaration, representation, statement, or evidence which is false in any particular ; or
(b)	knowingly utters, produces, or makes use of any such declaration, representation, statement, or evidence, or any document containing the same,

imprisonment for a term not exceeding two years, with or without	shall be guilty of a misdemeanour, and be liable on conviction to
hard labour.

(a)	not being registered under this Act as the holder of a certificate of competency as a mine electrician, or possessing one of the other qualifications mentioned in section twenty- six subsection two, acts as mine electrician in or about a mine where the output of the generating plant exceeds thirty kilowatts; or
(b)	knowing that such person is not so registered, employs him as a mine electrician in or about such mine,

(a)	to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act relating to matters above ground or below ground arc complied with in the case of any mine ;
(b)	to enter, inspect, and examine any mine, and every part

(j)	the arbitrators, before they enter on the matter referred to them, shall appoint, by writing under their hands, an umpire to decide on points on which they may differ;
(k)	if the umpire dies or becomes incapable of acting before he has made his award, or refuses to make his award within a reasonable time after the matter has been brought within his cognizance, the persons or person who appointed such umpire shall forthwith appoint another umpire 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

not relate to the quantity of mineral gotten or wrought; but the	of an inspector's district, and so much of any individual return as does
portion of any individual return relating to the quantity of mineral gotten or wrought shall not be published without the consent of the person making the return, or of the owner of the mine to which it relates; and no person except an inspector, or the Minister, or the Under Secretary for Mines shall be e n t i t l e d , w i t h o u t such consent, to see such portion as aforesaid of any individual return.
(4) Every owner, agent, or manager of a mine who fails to comply with this section or makes any return which is to his knowledge false in any particular shall be guilty of an offence against this Act.

c o m p l i a n c e	with	t h i s	s e c t i o n	s h a l l	b e g u i l t y	of	an offence	a g a i n s t	t h i s
Act,

(a)	subject to any contract to the contrary, the owner of the mine shall, as between himself and any other person interested in the minerals of the mine, be liable to carry into effect this section, and to pay any costs, charges, and expenses incurred by any other person interested in the minerals of the mine in carrying this section into effect ;
(b)	nothing in this section shall exempt any person from any liability under any other Act or otherwise.

(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.

method known as the standard weight system, being the system	any power to any owner or manager of a mine to pay miners by the
abolished by the Act sixtieth Victoria number twelve.
(4) Where in the case of any mine or class of mines employing not more than twenty persons under ground, upon the joint representation of the owner or owners of any such mine or class of mines and the persons employed therein, it is proved to the satisfaction of the Minister to be expedient that such persons should be paid by any method other than that provided by this Act, such Minister may, if he think fit, by order, allow the same either without conditions or during the time and on the conditions specified in the order.
4 6 . Whenever any sum of money not exceeding fifty pounds is claimed to be due to any person on account of any kind of labour performed at any coal mine in charge of an owner or agent, any

(a)	There must beat least two shafts or outlets, with which every seam for the time being at work in the mine shall have a communication, so that such shafts or outlets shall afford separate means of ingress and egress available to the persons employed in every such seam, whether the shafts or outlets belong to the same mine or to more than one mine.
(b)	Such shafts or outlets must not at any point be nearer to one another than fifty yards, and there shall be between such two shafts or outlets a communication not less than four feet wide and six feet high.
(e)	Proper apparatus for raising and lowering persons at each such shaft or outlet shall be kept on the works belonging to the mine, and such apparatus if not in actual use at the shafts or outlets shall be constantly available for use.

(a)	Any complaint or information made or laid in pursuance of this Act shall (save as otherwise expressly provided by this Act) be made or laid within six months from the time when the matter of the complaint or information arose.
(b)	Any person charged with any offence under this Act may, if he thinks lit, be sworn and examined as an ordinary witness in the case.
(c)	The court shall, if required by either party, cause minutes of the evidence to be taken and preserved.

thereof, an inspector shall not institute any prosecution against such	agent, manager, or under-manager of a mine is not guilty, if he proves that he had taken all reasonable means to prevent the commission
Owner, agent, manager, or under-manager, if satisfied that he had
taken such reasonable means as aforesaid.

(a)	such persons did not in his opinion occasion or contribute to occasion the explosion or accident, and did not commit and were not parties to committing the offence ;
(b)	the fact of the payment or distribution shall not in any way

No. 33, 1908 ...	Coal Mines Regulation (Amending) Act, 1908 . . .	The whole.
No. 40, 1910 ...	Coal Mines Regulation (Ventilation) Act , 1910. . .	The whole.

(a)	An extraordinary meeting may be held at any time on the written requisition of three members of the board addressed to the chairman.
(b)	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 has been sent to every member of the board seven days at least before the meeting.

By	an	appl icant	for	examinat ion	. . .	. . .	. . .	. . .	2	0	0
Fo r	copy	of	certificate	. . .	. . .	. . .	. . .	. . .	0	5	0

N a m e of	under-manager
Posta l	address R e t u r n of persons ordinari ly employed dur ing the year .
Boys under 16...............................

and t ramways , and in (loaning, wash	Males above 16
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).
ing, and coking of coal).	Total above ground........................
Tota l number of persons employed under ground and above ground

and upcast shafts.	and quantity.	quantity of frebh
quantity of frebh