Coal Mines Regulation (Amending) Act 1905 (NSW)

A c t N o . 25, 1905.

A n A c t t o a m e n d t h e Coal M i n e s R e g u l a t i o n

Ac t ,	1902,	and	t h e	M i n e s	I n s p e c t i o n	Ac t ,
1 9 0 1 ;	a n d	for	o t h e r	p u r p o s e s .	[25th	Novem­

ber, 1905.]

BE Assembly of New South Wales in Pa r l i amen t assembled, and by the

it enacted by the K ing ' s Mos t	Exce l l en t Majesty , by and wi th
t h e advice and consent of t he Legis la t ive Counci l and	Legis la t ive

au thor i ty of the same, as follows :—

1. This A c t m a y be cited as the " Coal Mines Regu la t i on

(Amending) Act , 1 9 0 5 , " and its provisions, except section e ight ,

shal l be const rued as one wi th the Coal Mines Eegu la t i on Act , 1902,

here in referred to as t he Pr inc ipa l Act .

2 . If, after the expi ra t ion of six mon ths from the c o m m e n c e m e n t

of th is Act , a n y person—

(a)	who is not registered under this Act as the holder of a certificate of competency or of service as a w ind ing engine-
driver, nor regis tered u n d e r t h e Mines Inspec t ion Act , 1901 ,
as t he holder of a wind ing certificate unde r t h a t Act , and the rules made the reunder ; or
(b)	who (whether or not registered as aforesaid) is wholly or par t ia l ly deaf, or whose s ight is defective, or who is subjec t to fits, giddiness, or any other infirmity l ikely to in terfere
w i t h t h e efficient discharge of his dut ies ,

be gran ted unde r this Act certificates of competency as winding engine- drivers,

is in cha rge of a winding or hau l ing engine by means of which men are raised or lowered in any ver t ical or incl ined shaft, or on a n y inclined p lane at any mine , such person, and any o ther person who , knowing t h a t such first-mentioned person is no t registered as aforesaid, or t h a t he is subject to such defect or infirmity, employs such person as aforesaid, shall be gui l ty of an offence aga ins t the Pr inc ipa l Ac t .

3 . (1) For the purpose of ascer ta in ing t h e persons who m a y

drivers , the board of examiners of engine-drivers appointed under the Mines Inspec t ion Act , 1931, may hold examinat ions and examine appl icants for such certificates.

(2) The provisions of t he Mines Inspect ion Aci , 1901, in relat ion to the examina t ion of candidates for certificates of competency as engine-dr ivers unde r tha t Act shall apply to t he examina t ion of candidates for certificates of competency under this Act .
(3) The Minis ter shal l g ran t to every appl ican t who is duly repor ted by the examiners to have passed the examinat ion satisfactorily, and to have given satisfactory evidence of his sobriety, experience, abi l i ty , and general good conduct , a certificate of competency as a

•winding engine-dr iver .

(•1) The m a x i m u m lees to he paid in respect of examinat ions held and certificates of competency granted unde r this Act shall not exceed those prescribed in the Third Schedule of the Principal Act in re la t ion to second-class certificates.

4 . (1) A certificate of service as wind ing engine-dr iver shall be

g ran ted by the Minis ter to every person who furnishes to the board of examiners of engine-drivers appointed unde r the Mines Inspect ion Act , 1901, sat isfactory evidence t h a t he has, a t any t ime wi th in live years before f he commencemen t of this Act, for a period of not less than twelve mon ths , been in charge of and has efficiently managed an engine for raising or lowering men in any vertical or inclined shaft, or on any incl ined plane at any coal or shale mine :
Provided t h a t 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 bir th, and as to his sobriety and general good conduct , and to pay such registrat ion fee as the Minis te r may direct, not exceeding two pounds.
(2) Every such certificate shall contain par t icu lars of the l eng th and na tu r e of the previous service-; of t he person to whom the same is granted .

(3) A certificate of service granted unde r this section shall ,

for the purposes of th is Act , have t he same effect as a certificate of

competency as winding engine-dr iver g ran ted unde r th is Act.

5. The provisions of sections ten, eleven, twelve, th i r teen ,

fourteen, and fifteen of the Pr incipal A c t re la t ing to certificated manager s and unde r -manage r s and their certificates of competency and service shall apply to winding engine-drivers and their certificates of competency and service.
6. (1) A n y certificate of competency or service as engine-dr iver g ran ted by any duly const i tu ted and recognised au thor i ty outside New South Wales m a y be approved by the board of examiners of engine- drivers appointed under the Mines Inspec t ion Act , 190] , if the holder produces the same and gives satisfactory evidence to such board of his

sobriety, general good conduct , and bona fides. (2)

(2) Every such certificate so approved shall he equivalent in all respects to a similar certificate g ran ted under this Act , and the holder thereof may he registered upon the p a y m e n t of such fee, no t exceeding two pounds , as the Minis ter m a y direct .

7 . A register of the holders of certificates of competency and

service as wind ing engine-dr iver g ran ted unde r this Act, and of certificates approved by a board of examiners unde r the last preceding section, shall be kept by such person and in such m a n n e r as the Minis ter may direct.

8. All persons so registered shall, for t he purposes of t he
Mines Inspec t ion Act, 1901, be deemed to be registered in the register

of holders of certificates of competency or service as engine-dr iver k e p t

unde r t h a t Act .

9. General ru le twenty-l ive of section forty-seven of the

Principal Act is hereby amended by the subs t i tu t ion of the words

" t w e n t y - o n e ' " for tin' words •' t w e n t y - t w o " in tha t rule .