Coal Mines Regulation (Amendment) Act 1926 (NSW)

COAL MINES REGULATION

(AMENDMENT) ACT.

Act No. 19, 1926.

A n A c t to establish a Cour t of Coal Mines R e g u l a -
t ion ; t o m a k e provision for b a t h and change-

houses at mines and c o k e - w o r k s ; to a m e n d

in th i s	and	ce r t a in	o the r	regards t h e	Coal
Mines	Regu la t i on	Act,	1912,	and	ce r ta in

o the r Acts ; and for purposes connec t ed

t h e r e w i t h .	[Assented	to ,	23rd	November ,
1926.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of the same, as follows :—

1. (1) This Act may be cited as the "Coa l Minos Regulation (Amendment) Act, 192G."

(2) This Act shall be read and construed with the Coal Mines Regulation Act, 1912, as amended by subsequent Acts, which said Act as so amended is in this Act referred to as the Principal Act.

"Smal l m i n e " means a mine in which the total number of persons employed below ground does not exceed twenty. (2)

(3) This Act shall come into operation on the first day of January, one thousand nine hundred and twenty-seven.

2 . (1) The Principal Act is amended by inserting in section three next after the definition of " s h a f t "	the
following new definition :—

(2) The Principal Act is further amended—

(a) (i) by inserting in subsection two of section four after the word " repealed " at the end thereof the words " or the Imperial Act one and two George the Fifth, chapter fifty;

(ii)   by omitting subsection four of the same section and by inserting the following subsection in lieu thereof:—

(4) In the case of a small mine a person shall not be qualified to be the manager unless he is for the time being registered as the holder of at least a third-class certificate under this Act, and of a permit to be manager from the chief inspector; such permit shall remain in force for twelve months and may be renewed from year to year at the discretion of the chief inspector.

This subsection shall not apply to any person who on the thirty-first day of December, one thousand nine hundred and twenty-six, and not being the holder of at least a third-class certificate as aforesaid, was acting as manager of a small mine by virtue of a permit granted by an inspector.

(iii)  by adding the following subsection next after subsection four :—

(5) The owner or agent of a mine re­ quired to be under the control of a manager shall not take part in the technical manage­ ment of the mine unless he is qualified to be a manager under this Act.

(3) The Principal Act is further amended by

omitting subsection two of section five and by inserting

the following subsection in lieu thereof :—

(2) Every under-manager so nominated must hold either a first-class or second-class certificate of competency or of service under this Act, or under the Imperial Act fifty and fifty-one Victoria, chapter fifty-eight, or any Act thereby repealed, or the Imperial Act one and two George the Fifth, chapter fifty, and shall, in the absence of the manager, have the same responsibility and be subject to the same liabilities as the manager under this Ac t ; but the

nomination

nomination of an under-manager shall not affect the personal responsibility of the manager under this Act.

3 . (1) The Principal Act is further amended by omitting section 5A and by inserting the following section in lieu thereof :—

5 A. (1) In every mine required by this Act to be under the control of a certificated manager, a competent person shall be appointed as deputy, who shall make the inspections and carry out the duties necessary for examining for the presence of gas, ascertaining the sufficiency of ventilation, state of roof and sides, which duties shall be designated his statutory duties, supervising the general duties of shot-firers, and all other matters relative to the general safety of the mine.
(2) After the thirty-first day of December, one thousand nine hundred and twenty-six, no person shall be appointed or act as a deputy or a shot-firer, unless he—

(a) is not less than twenty-three years of age;

(b)	has had at least five years' practical ex­ perience in a mine;
(c)	is a holder of a certificate of service or competency as manager, under-manager, or deputy;
(d)	has obtained from a duly qualified medical practitioner a certificate in the form pre­ scribed by the Minister that his eyesight is such as to enable him to make accurate tests for inflammable gas, and that his hearing is such as to enable him to carry out his duties
efficiently; and
(e)	shall, during the term of his appointment, obtain at intervals of not more than three years, a similar certificate to that prescribed in clause (d), the expense of obtaining which shall, in the case of a person employed at the time as deputy or shot-firer, be borne by the owner of the mine.

(3) The certificate as to eyesight and hearing
of a deputy or shot-firer employed in a mine shall,

whilst he is so employed, be kept at the office

F of

of the mine and whenever a requisition in that behalf is made by an inspector or a check inspector be produced for his inspection.

(4) A contractor for getting mineral in any mine, other than a miner working at the face, or person employed by such a contractor, shall not be eligible for the post of deputy or shot-firer of that mine under this Act.

(2) Section four of the Coal Mines Regulation

(Amending) Act, 1913, is hereby repealed.

4 . (1) The Principal Act is further amended—

(a) (i) by omitting from subsection one of section eight the words " July, one thousand nine hundred and thirteen," and by inserting in lieu thereof the words " Janua ry , one thousand nine hundred and twenty-seven" ;

(ii)   by omitting from the same subsection the words " as fireman or " ;

(iii)   by omitting subsection seven of the same section;

(b) by inserting the following section:—

8A. 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 the Imperial Act one and two George the Fifth, chapter fifty, or any other certificate of competency or service recommended by the examiners, and approved by the board for appointing examiners shall be equivalent in all respects to a similar certificate granted under this Act.

(c) by omitting section fourteen and by inserting 14. A register shall be kept by such person and in such manner as the Minister directs of the holders of all certificates of competency and of service 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 certificate granted under this Act. in lieu thereof the following new section :—

(2) Subsections two and three of section six of the Coal Mines Regulation (Amending) Act, 1913, are hereby repealed.

5.    (1) The Principal Act is further amended—

(a) by inserting in section three next before the

definition of " I n s p e c t o r " the following new

definition:—

" Cour t " means the Coart of Coal Mines Regulation established under this Ac t ;

(b) by omitting section fifteen and by inserting in lieu thereof the following section :—

15. (1) If at any time representation is made to the Minister by an inspector or otherwise that any manager, under-mmager, or deputy 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 beem convicted of an offence against this Act, the Minister may cause inquiry to be made into the conduct of the

• manager, under-manager, deputy, 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 by the court at such place as the Minister may appoint ;
(b)	the Minister shall, before the com­ mencement of the inquiry, furnish to the manager, under-manager, deputy,
of the case on which the inquiry is or winding-engine driver a statement

instituted ;

(c)	some person appointed by the Minister shall undertake the management of the case;
(d)	the manager, under-manager, deputy, 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)

( e )	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, deputy, 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, deputy, or winding-engine driver to deliver up his certificate, and

if any manager, under-manager, deputy,

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

(h) persons attending as witnesses before the court shall be allowed such expenses as would be allowed to a witness attend­

ing 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.

( 2 ) This section shall extend to the case

of an owner or agent of a mine taking part in

the technical management thereof who is alleged by reason of incompetency or gross

negligence

negl igence or misconduct in such m a n a g e m e n t to be unfit to cont inue to hold a certificate of competency or of service.

(c) by omitting from subsection one of section seventeen the words " a manager , under - manager , or winding-engine dr iver , " and by inser t ing t he words " any p e r s o n " in l ieu

thereof.

(d) (i) by inser t ing in p a r a g r a p h one of section

t w e n t y after t he word " t h e r e b y " t h e

words " o r t h e Impe r i a l Ac t one and two

George t h e Fi f th , chap te r fifty " ;

(ii)   by inserting in paragraph three of the same section, after the word " unde r -manage r " t he words " depu ty , mine, e lectr ic ian " ;

(2) Section e igh t of t he Coal Mines Regula t ion (Amending) Act , 1913 , is he reby repealed.

6 . The P r inc ipa l A c t is fu r the r a m e n d e d

(a) by omi t t i ng section twen ty -e igh t and by insert-

i ng in l ieu thereof t h e following section :—

28. (1) If in any respect a n inspector finds a n y m i n e or p a r t thereof, or any mat ter , t h ing ,

or pract ice in or connected wi th a n y s u c h mine ,

or wi th t he control , m a n a g e m e n t , or direct ion thereof by t h e manage r , to be dangerous or defective so as in t he opinion of t h e inspector to t h r ea t en or t end to t h e bodily in jury of any person, t he inspector may give not ice in wr i t ing

mine . thereof to t h e owner, agen t , or m a n a g e r of t h e The inspector shall s ta te in t h e not ice t h e

pa r t i cu la r s in which he considers t he m i n e

or any p a r t thereof, or any m a t t e r , t h ing , or pract ice to be dangerous or defective, a n d requ i re the same to be remedied, or if t h e same cannot be remedied, requ i re t h e m e n to be w i t h d r a w n from t h e mine or p a r t ; and, unless

t h e same be for thwi th remedied or t h e m e n

w i t h d r a w n he shall repor t t h e same to t he

chief inspector .

(2)

(2) I f the owner, agen t , or m a n a g e r of

t h e m i n e objects to r emedy the m a t t e r com­

plained of in t h e notice, he m a y wi th in five days af ter the receipt of t h e not ice send his objection in wr i t ing , s ta t ing t h e g rounds

thereof, to t he chief inspector , who may wi th­

d r a w t h e not ice or refer the m a t t e r to t he

cour t to be de termined.

(3) If t he owner , agent , or m a n a g e r fails,

w h e n no object ion is sent as aforesaid, to comply wi th t he requis i t ion of t he notice w i th in five days after t h e expi ra t ion of t he t ime for objection, or when the m a t t e r has been deter­ mined by t h e cour t , to comply wi th the order of t h e cour t wi th in t h e t ime therein specified i n t h e order, he shal l be gui l ty of an offence

aga ins t th is A c t .

(4) N o person shal l be prec luded by a n y con t rac t t o a n y pena l ty or forfei ture for doing, such ac t s as m a y be necessary in order to comply w i t h t he provisions of th is sect ion. a n y a g r e e m e n t from doing, or be l iable u n d e r

(5) This section shal l have effect no t ­ w i t h s t a n d i n g t h a t a n y m a t t e r in respec t of which not ice is g iven is dea l t w i th by a n y express provision of th i s A c t or of a n y special ru le .

(6) Where act ion is t aken by a n in­

spector u n d e r th i s section no proceedings shall

be ins t i tu ted aga ins t t h e same pa r ty u p o n t h e

same facts, u n d e r a n y o the r provision of th is

A c t or u n d e r a n y special ru le .

(7) W h e r e proceedings h a v e been in­

s t i tu ted for a breach of a n y o the r provision of th is A c t or of any special ru le an inspector shal l no t give not ice u n d e r th i s section to t h e s ame pa r ty in respect of t h e same facts.

(8) N o not ice shal l be g iven u n d e r th i s

sect ion excep t upon t h e w r i t t e n a u t h o r i t y of

t h e chief inspector .

GO

(b)	by inser t ing a t t he end of section t h i r t y t h e words " and m a y al low the owner, agent , or m a n a g e r of t h e mine or t he check inspector or any employee of t he mine to inspect the
repor t w h e n m a d e . "
(c)	(i) by omi t t ing pa rag raph one of section th i r ty-

one a n d by inser t ing in l ieu thereof	t he
following new paragraph :—

(1) The Minis te r may r equ i r e t h e cour t

to hold t he invest igat ion.

(ii) by omi t t i ng from pa rag raph two of t he

same section t he words " The person or persons so appoin ted (hereinafter called t he court) " and by inser t ing in l ieu thereof the words " The cour t " ;

(iii)   by omitting from paragraph three of the same section t h e words " Al l t h e powers of a cour t of pe t t y sessions when ac t ing as a cour t in hear ing informat ions for offences agains t th is Act , and "

1. The Pr inc ipa l A c t is fu r ther amended by omi t t i ng

section th i r ty - th ree and the shor t h e a d i n g preceding

t h a t section a n d by inse r t ing in l ieu thereof t h e

following shor t head ing a n d section :—

D I V I S I O N 4 . — Court of Coal Mines Regulation.

33 . (1) There is he reby conferred upon such

cour ts as m a y be procla imed by t h e Governor

for the purpose , jur isdic t ion	to hear a n d	de te rmine
inquir ies , appeals and references	u n d e r th i s	Ac t .

A cour t exerc is ing such jur isdic t ion shall be a cour t of record, and be called a Court of Coal Mines Regu la t ion .

(2) The Governor may appoin t any distr ict t r a t e , or wa rden appointed unde r t h e M i n i n g A c t , 1806, to sit as a Cour t of Coal Mines Regu la t ion .

cou r t j udge , s t ipendiary magis t ra te , police mag i s ­ The cour t shal l be assisted by assessors appo in ted

unde r th is Ac t .

Such

Such assessors shall have the power to advise no t to adjudicate on any m a t t e r before t he cour t , and

t h e cour t shall have t h e r i g h t to consul t such assessors collectively or individual ly in publ ic or in pr iva te .

(3) All officers of t he distr ict cour ts or

cour ts of pe t ty sessions shall ac t as officers of t h e

Cour t s of Coal Mines Regula t ion .

(4) The judges of the distr ict cour ts or a n y t h r ee of t h e m may m a k e rules to r egu la te t he p rocedure and prac t ice of t he Cour ts of Coal Mines Regu la t i on , and such ru les shall have t he same force a n d effect as if t h e y had formed a pa r t of th i s Ac t , n o t w i t h s t a n d i n g t h a t they m a y conflict w i t h t h e provisions of t he Dis t r ic t Courts Act , 1912, or

a n y Ac t amend ing t h e	same.
R u l e s as so m a d e shall be published in	t h e

Gazet te and shal l t ake effect from the da te of publ ica t ion.

U n t i l rules are m a d e and published or so far as any such rules do not ex tend the cour t may in a n y par t i cu la r case give such direct ions as to i t m a y seem fit.

(5) The cour t for t he purposes of t he exercise of its jur isdic t ion shall so far as re la tes to t h e s u m m o n i n g of part ies , compel l ing the a t t endance of witnesses or t h e product ion of documents , have al l t h e powers of t he Supreme Court .

(6) The decision of the cour t shall be delivered

in open cour t .

(7) I n any proceeding before t h e cour t a n y person affected or l iable to be affected by t h e
proceedings m a y appear and be heard.
T h e Minis ter , the chief or a n y inspector a n d	any

indus t r i a l organisat ion or association representa t ive of the employers or employees in a n y m i n e shall also have t he r igh t to appea r and be heard and m a k e appl ica t ion to the cour t in any m a t t e r as provided

in th is Ac t .
(8) The rules of cour t shal l provide for t h e

a p p o i n t m e n t as assessors of persons h a v i n g prac t ica l

exper ience in coal -mining, a n d for t h e n u m b e r to be appoin ted in a n y proceeding from persons

nomina t ed

nomina ted by those interested in such proceeding, and for t h e fees to be paid to such assessors out of

funds provided by Pa r l i amen t .

(9) I n al l proceedings u n d e r section fifteen

a n d section th i r ty-one of t h e Pr inc ipa l A c t t he person appoin ted to sit as a cour t shall be a dis t r ic t

cour t	j u d g e . (10) The costs of any proceedings shal l be
in t he discretion of t h e	cour t .

(11) The orders and de te rmina t ions of t h e

cour t shal l be final and conclusive and shal l no t be

l iable to appeal or review by any o ther cour t .

8 . The Pr inc ipa l A c t is fu r the r a m e n d e d —

(a) (i) by inser t ing in subsect ion two of section th i r ty-s ix after t h e words " so employed " t h e words " and t h e check inspector " ;

(ii)    by in se r t ing in the same subsect ion after t h e words " such r e p r e s e n t a t i v e " t h e words " and the check inspector " ;

(b) (i) by omi t t ing f rom section 3 6 A t h e word

" or " where t h a t word four th ly occurs ;

(ii) b y inse r t ing after t h e word " l a m p " t h e

words—

" or any discovery of inf lammable gas
which is t h e subjec t of a r epor t

u n d e r subsect ion five of genera l

ru le e igh t of section fifty-four of

th i s A c t . "

(c) by omi t t ing from pa rag raph (d) of section

th i r ty - seven t h e words " or m a n a g e r " and by

inser t ing in l ieu thereof	t h e words " manager ,
under -manager ,	or m i n e electr ician " ;

(d) (i) by omi t t ing from sections forty-five, forty-
seven, fifty-four, and 5 6 A the word " t u b s "

wherever occurr ing, and by inser t ing in

l ieu thereof t h e word " s k i p s " ;

(ii) by omi t t i ng from section fifty-four t h e

word " t u b " wherever occurr ing, and by
inser t ing in l ieu thereof t he word " sk ip . "

9 .      (1)

The Pr inc ipa l Ac t is fu r ther (a) by inser t ing in section th ree n e x t af ter a m e n d e d —

t h e

definition of " In spec to r " t he following new

definition :—

" M a i n hau lage r o a d " means a road which

has been or for t he t ime being is in use for removing skips by s team or

o ther mechanica l p o w e r ;

(b)	by inser t ing nex t after t h e definition of	" m i n e "
t h e following new definition :—

" N a k e d l igh t m i n e " m e a n s any m i n e or

any section or place in a m i n e in which naked l ights m a y be allowed or used in pu r suance of t he provisions of th i s Act , b u t does no t inc lude any section or pa r t of t h e said mine in which as provided in th is A c t nc l a m p or l igh t o ther t h a n a locked safety- lamp shall be al lowed or used.

(c) by inse r t ing n e x t af ter t he definition of " p l an " the following new definitions :—

" P r e s c r i b e d " means prescr ibed by th is

Ac t or any ru le , ru le of cour t or

r egu la t ion made t h e r e u n d e r ;

" S a f e t y - l a m p m i n e " means any m i n e or

any section or place in a m i n e in which , as provided in th is A c t no l a m p or l igh t o the r t h a n a locked safety-lamp m a y be allowed or used, b u t does not inc lude any section or

pa r t of t he said m i n e in wh ich a

naked l igh t m a y be allowed or used in p u r s u a n c e of t he provisions of th i s A c t ;

(d)	by omi t t ing t h e definition	of " The Min i s te r " ;
(e)	by inser t ing n e x t after t h e definition of	" s h a f t "
t he following new definition :—

" Ven t i l a t i ng d i s t r i c t " means such p a r t

of a seam as has a n independen t i n t a k e commenc ing from a m a i n

in take air course a n d a n i ndependen t

r e t u r n a i r -way t e r m i n a t i n g a t a m a i n

r e t u r n air course.

W h e r e

W h e r e a seam of a m i n e is n o t

divided in to separa te ven t i l a t ing districts the provisions in th is A c t re la t ing to ven t i l a t ing dis t r ic ts shal l be read as t h o u g h t h e word " seam " were subs t i tu ted for t h e words " ven t i ­

la t ing d is t r ic t . "

(f)	by omitting from subsection two of section fifty- t h r e e all words after t h e words " de te rmined by " and by inser t ing in l ieu thereof t h e words
" t h e cour t . "

(2) The Pr inc ipa l A c t is fu r the r a m e n d e d —

(a)	by omitting General Rule one of section fifty-
four and by inser t ing in l ieu thereof t he

following general ru le :—

Mule 1. (a) I n every m i n e wh ich is in operat ion, unless a certificate of	e x e m p ­
t ion from	compliance wi th th i s ru le

has been g ran ted by t h e Minis ter ,

w h e t h e r any person employed there in

shal l be below ground or not , a n a m o u n t of vent i la t ion by air d rawn from a pu re source, by means of a furnace or mechan ica l cont r ivance , shal l be con­ t inuous ly produced (except where t h e furnace or mechan i sm supp ly ing the producing-power is whol ly or par t ia l ly suspended for necessary repair or a l te ra­ tion) adequa te to d i lu te and r ende r

ha rmless inf lammable and noxious gases

to such a n ex t en t t h a t t h e work ing-

places of t he shafts, levels, s tables, and workings of t he mine and the t rave l l ing road to and from those working-places shall be in a fit s ta te for work ing and pass ing the re in and in par t icu la r t h a t t h e i n t ake air-ways u p to one h u n d r e d yards of the first working-p lace a t t h e work ing face which t h e air en ters shal l

be no rma l ly k e p t free from	inf lammable
g a s :

Provided

Provided t h a t w h e n any m i n e has

ceased to he worked the Minis te r shal l g r a n t such certificate of exempt ion if on t he repor t of t he chief inspector t h e Minis ter is satisfied t h a t t h e g r a n t i n g of such exempt ion will no t endanger h u m a n life, bu t in such case t he vent i ­ l a t ion shal l be k e p t in opera t ion for

a t least twen ty - four hours before t h e

miners or o ther w o r k m e n are al lowed

to re-enter t h e m i n e :

Provided also whe re a s toppage of work is caused by a s t r ike and the m a n a g e r is unab le to p rocure t he l abour necessary to comply wi th this r a l e , a s toppage of t h e vent i la t ion shall no t be

an offence u n d e r th i s ru le .

(b) W h e n a n y person or horse

employed or used in t he mine is below g round for a n y lawful purpose , t h e vent i la t ion so to be produced shall be t h e supply of p u r e air in quant i t i es no t less t han one h u n d r e d and fifty cubic feet per m i n u t e for each person and th ree hund red cubic feet per m i n u t e for each horse so below ground as aforesaid, which air in t h a t propor t ion, b u t w i t h as m u c h more as t h e inspector shal l d i rec t , shal l sweep a long t h e a i r -ways a n d be forced as far as t h e face of a n d

in to whe re any person or horse is engaged each a n d every work ing-p lace

or passing, m a i n r e t u r n a i r -ways only

excepted .

(c) T h e provisions conta ined in p a r t

(b) of th is ru le as to a m i n i m u m supp ly shal l in no way operate to reduce t h e obl igat ions imposed by p a r t (a) thereof.

(d) Eve ry mine , excep t such as is worked on t h e long-wal l system, shall be divided in to dis tr icts or splits of no t m o r e t h a n seventy m e n in each excep t

b y

by permission of t h e inspector , a n d each distr ict shall be supplied w i t h a separate

c u r r e n t of fresh air.

The in t ake air shall t ravel free from work ings .

al l s t agnan t water , s tables, and old

I f an appl ica t ion by the m a n a g e r to

be allowed to increase t h e n u m b e r of m e n on a split is refused by the inspector, or is no t g ran ted in a reasonable t ime ,

t h e m a n a g e r m a y appeal to t he cour t .

I n t he case of mines required by th is
A c t to be unde r t he control of a certifi­

cated manager , t h e q u a n t i t y of a i r in

t h e respective spli ts or cur ren t s shall ,

a t least once in every m o n t h , be measured in t he m a i n in t ake air-ways as near as pract icable to t he downcast shaft or t u n n e l m o u t h , and in every split as nea r as pract icable to a po in t wi th in one hund red yards ou tby of the first working-p lace a t t h e w o r k i n g face which the air en ters , and the measure ­ m e n t shall be for thwi th entered in a book to be kep t for the purpose a t t he mine .

(e) For t h e purpose of th is ru le , a
place shal l no t be deemed to be in a fit

s ta te for work ing or pass ing the re in if

t h e air conta ins ei ther less t h a n n ine teen

per c e n t u m of oxygen or more t h a n one

a n d a qua r t e r per c e n t u m of carbon dioxide, and an in take air-way shal l no t be deemed to be normal ly k e p t free f rom inf lammable gas if t h e average percen tage of inf lammable gas found in n o t less t h a n two samples of air or more t h a n six samples of air t a k e n b y

a n inspector in t he air cu r r en t in t h a t

a i r -way a t in te rva ls of not less t h a n a

for tn ight , exceeds one qua r t e r :

Provided

Provided t h a t the second sample

shal l no t be t a k e n wi th in a period of less t h a n one fo r tn igh t af ter t h e resu l t of the first sample is communica t ed to t h e owner, agent , or manage r of t h e mine .

The Minis te r may for such reasons as appea r to h im to be sufficient	e x e m p t
any mine from this pa rag raph .

(b) by inserting at the end of general rule two of section fifty-four t he following pa rag raph :—

" No fire shall be used below ground for ven­ t i la t ion in any m i n e or seam newly opened after the thir ty-f irs t day of December , one thousand n ine h u n d r e d and twenty-s ix , except in t h e case of a smal l mine , in which t h e upcas t shaft con­

ta ins no inf lammable ma te r i a l . "
(c)	by omitting general rule four of section fifty-
four a n d by inser t ing t he fol lowing genera l
r u l e in l ieu thereof :—

Rule 4. A s ta t ion or s ta t ions shal l be

appoin ted a t t he e n t r a n c e to the mine , or to different pa r t s of t h e mine , as t h e case m a y require , a n d the fol lowing

provisions shall have e f fec t :—

(a) As to inspect ion before commenc ing

work :—

A compe ten t person or c o m p e t e n t per­

sons appoin ted by t h e owner, agen t ,

or m a n a g e r for t h e purpose , n o t be ing

a	con t rac tor	for	ge t t i ng	minera l s	in
the	mine ,	shall ,	w i th in	such	t i m e

immedia t e ly before t he commence­

m e n t of each shift as shal l be fixed b y special ru les m a d e u n d e r this Ac t , inspect every p a r t of the mine s i tuate beyond t h e s ta t ion or each of t h e

s ta t ions , and in wh ich w o r k m e n are

to work or pass d u r i n g t h a t shift, and

shal l ascer ta in the condi t ion thereof so far as t h e presence of gas, vent i la­ t ion , roof, a n d sides, a n d genera l safety are concerned .

N o

No w o r k m a n shall pass beyond a n y

such s ta t ion u n t i l t h e p a r t of t h e

m i n e beyond t h a t s ta t ion has been so examined and s ta ted by such com- poten t person to be safe.

The inspection shal l be m a d e w i t h	a
locked	safe ty- lamp.

The depu ty shall m a k e a note; of t he
examina t ion on a board, or otherwise,

a t t h e appointed s ta t ion before any

w o r k m a n passes beyond.

A repor t specifying where noxious or inf lammable gas, if any , was found present , t he condit ion of t he venti la­ t ion, and w h a t defects, if any , in roofs or sides, and what , if any, o ther source of danger were or was observed, shal l be recorded w i t h o u t delay in a book to be k e p t a t the mine for the purpose, and accessible to the work­ m e n , and such report shal l be signed by, and, so far as t h e same does no t consist of p r in ted ma t t e r , shal l be in

t he h a n d w r i t i n g of t he person who

m a d e t h e inspection.

F o r t h e purpose of t he foregoing pro­ visions of th is rule , two or more shifts succeeding one ano ther w i t h o u t any in t e rva l a re to be deemed to be one

shift .

(b) As to inspect ion du r ing shifts :—

A similar inspect ion shal l be made in t h e course of each shift of all par t s of t h e m i n e in which w o r k m e n are to work or pass du r ing t h a t shift, b u t i t shall no t be necessary, unless inflam­ mable gas has been found du r ing the said inspection, to record a repor t of t h e same in a book :

Prov ided t h a t in t he case of a mine

worked cont inuously t h r o u g h o u t t h e

twenty- four

twenty- four hours by a succession of shifts, t h e repor t of one of such inspect ions shal l be recorded in

m a n n e r above requi red .

(c) As to inspect ion after shi f t : —

A compe ten t person or persons appoin ted by t h e owner , agen t , or m a n a g e r for

t h e	purpose ,	no t	be ing	a	con t rac to r
for	ge t t i ng	minera l s	in	t he	mine ,

shal l immedia te ly after each shif t

a n d the w o r k m e n have w i t h d r a w n ,

inspec t wi th a locked safe ty- lamp every par t of a naked l igh t m i n e in which w o r k m e n worked or passed

d u r i n g t h e said shift, and shal l

ascer ta in t he condi t ion of t he m i n e in respect of dange r from fire a n d repor t t h e same and fo r thwi th e n t e r

t h e said repor t in a book to be	k e p t
a t t h e mine for t h e purpose.

(d) by in se r t ing in t he same section n e x t af ter

genera l ru le five t h e fol lowing	genera l	r u l e : —
Rule	5 A . E x c e p t	by permiss ion of t he chief

inspector , no in te rna l combus t ion engine

shal l be allowed to work u n d e r g r o u n d

in any m i n e th ree m o n t h s af ter t h e

pass ing of th i s Act.

(e) by inserting at the end of general rule seven of t he same section t h e following pa rag raph :—

For t he purpose of th i s ru le a place shal l be deemed to be dangerous if t he pe rcen tage of inf lammable gas in t he genera l body of t h e a i r in t h a t place is found in a safe ty- lamp m i n e to be two a n d a half or upwards or, in a naked

l i g h t mine , one and a qua r t e r or upwards .

I f a n y person shal l cause , or become aware of any obs t ruct ion in or in terference wi th t h e vent i la t ion or of any s t agna t ion or i m p u r i t y in t he air , of a n y p a r t of t h e mine , or of a n y dangerous defect in a n y pa r t of t h e roof or sides, or of any o ther source of danger , h e

shal l ,

shall , if it falls w i th in t h e scope of his dut ies to remedy such obst ruct ion, in ter ference , s tagna t ion , impur i ty , defect, or other source of danger , immedia te ly proceed to t ake t h e s teps necessary for the purpose , and if no t he shal l immedia te ly inform the manage r , under - manage r , examiner , or depu ty , or other official, and shall , if he is work ing a t the place where t h e danger exists , cease all work a t t h a t place.

(f)	by omitting general rule eight of the same section and by inser t ing t h e following general
ru l e in l ieu the reof :—

Rule 8. (1) No l a m p or l ight o ther t h a n a locked safety-lamp shal l be al lowed or used—

(a)	in any mine within the boundaries of t h e count ies of Camden and Cumber­ land ;
(b)	in a n y ven t i l a t ing dis t r ic t of a m i n e
where t he a i r c u r r e n t in the r e t u r n

air-way from such ven t i l a t ing dis t r ic t is found norma l ly to conta in more: t h a n one-half per c e n t u m of inflam-

mab le g a s ;
(c)	in any mine (except in the main, i n t a k e air-ways wi th in two hundred yards from t h e shaft) in which a n igni t ion or explosion of inf lammable gas caus ing any personal in jury w h a t -

ever has occurred w i th in t he previous
twelve m o n t h s , unless a n exempt ion for t h e said m i n e or any dis t r ic t thereof is given by the chief inspec tor on t he g round t ha t , on account of the special charac te r of t h e mine or dis­ t r ic t , t he use of safety-lamps is no t r e q u i r e d ;
(d)	in any place in a mine in which there is l ikely to be any such quan t i t y of inf lammable gas as to render t h e use
of naked l igh ts d a n g e r o u s ;

(e)

(c) in any w o r k i n g near to, or approach­

ing a place in which the re is l ikely to he an accumula t ion of inf lammable

g a s ;	or
(f)	in any place where the use of safety- l amps is requi red by the special ru les of t he mine :
Provided	t h a t —

(i) electric l amps of t he v a c u u m or

enclosed type m a y be used on main h a u l a g e roads or e lsewhere w i th in such l imits and upon such con­ dit ions as m a y be fixed by t h e special rules for t he ins ta l la t ion and use of e lectr ic i ty of t he mine ;

(ii)    for t he purpose of s u b - p a r a g r a p h (b) of th is ru le a n explosion or igni t ion occur r ing before t h e first

day of J a n u a r y , one thousand n ine

h u n d r e d and twenty-seven , shall

no t be t aken in to account .

(2) W h e r e , in p u r s u a n c e of th is A c t

or t he special rules of t he mine , t h e use of safe ty- lamps has been in t roduced in a n y p a r t of a ven t i l a t ing distr ict , it

shal l no t be lawful to use n a k e d l ights in any other pa r t of t he same ven t i l a t ing

d is t r ic t s i tua ted be tween the place whe re such l amps are used and the r e t u r n air­

way, excep t when t h e use of safety- lamps

in t h a t p a r t of t he dis t r ic t was in t roduced as a t e m p o r a r y precaut ion , and the con­ di t ions are n o t such as to render neces­ sa ry t h e in t roduc t ion of t h e use of

safety- lamps t h r o u g h o u t t he dis tr ic t .

(3) W h e r e , in pu r suance of this A c t

or t he special ru les of t he mine , t h e use of safe ty- lamps has been in t roduced o therwise t h a n as a t empora ry p re ­

cau t ion	aga ins t app rehended danger in
a n y p a r t of a mine , no l amp or	l ight ,

o the r

other t h a n a locked safety- lamp, shall subsequent ly be allowed or used in t h a t p a r t wi thou t t h e sanct ion of a n inspector , which sanct ion shal l no t be wi thhe ld unreasonably , a n d any quest ion as to w h e t h e r such sanct ion has been un­ reasonably wi thhe ld shall be de termined by the cour t on appea l as prescribed.

(4) The average percen tage of

inf lammable gas found in not less t h a n two samples of air or more t h a n six samples of air, t aken by an inspector in the a i r cu r r en t in t he r e t u r n air-way in

the ven t i l a t ing distr ict a t intervals of

not less t h a n a fo r tn igh t shall , for t he purposes of this ru le , be deemed to be t he pe rcen tage normal ly conta ined in the air :

Provided t h a t t he second sample shal l not be t aken wi th in a period of less t h a n one for tn ight af ter the resu l t of t he first sample is communica t ed to t h e

owner, agent , or m a n a g e r of t h e mine .

(5) If on any examina t ion or

inspect ion wi th a locked safety- lamp in any naked l ight mine t he d e p u t y or o the r person m a k i n g t h e examina t ion or inspect ion discovers inf lammable gas in quant i t ies of two per c e n t u m or more

to be present in t he genera l body of t he

air in any p lace such c i rcums tance

shal l be repor ted fo r thwi th to t h e inspector of the distr ict in which t h e m i n e is s i tuated in pu r suance of section 3 G A of th is Ac t , and t h e r e u p o n such inspector may, after his examina­ t ion of t h e place, requi re safety-lamps to be used in t h e said place, and such o ther places as are on the r e t u r n side of t he said place in t h a t ven t i l a t ing distr ict ,

a n d the m a n a g e r shal l for thwi th cause

safety-lamps

safe ty- lamps to he used accordingly, unless he appeals in m a n n e r prescr ibed

aga ins t t h e said requis i t ion of t h e

inspector to t h e cour t .

(g)	b y inser t ing in genera l ru le n ine of section fifty- four af ter t he word " s h a l l " t he words " b e of a type approved by t h e chief inspector , and "
(h)	by inserting in section fifty-four next after
general ru le n ine , t h e fol lowing general r u l e : —

Rule 9 A . The chief inspector m a y inqu i re

w h e t h e r t h e n u m b e r of spare electric and of spare oil safety-lamps k e p t a t any m i n e is sufficient, and if in his opinion the said n u m b e r is no t so sufficient, he m a y m a k e a requis i t ion for such increase in t he said n u m b e r as h e m a y deem proper unde r section

twen ty -e igh t of th i s Act .

(i) by inser t ing n e x t after p a r a g r a p h (d) of genera l

r u l e t en of section fifty-four	t h e	fol lowing
p a r a g r a p h s : —

(e)	A competen t person appoin ted in wr i t i ng by t h e m a n a g e r for t h e purpose shal l also examine every l a m p on its be ing r e tu rned , and, if on such an examina t i on
a n y l a m p is found to be damaged , h e

shal l record t h e n a t u r e of t he d a m a g e in a book to be k e p t a t t he m i n e for t h e purpose, and t h e damage shall be

or defaul t of t h e person to w h o m t h e

deemed to have been due to the neg lec t

l a m p was g iven ou t unless h e proves

t h a t t h e d a m a g e was d u e to no fau l t of

his own, a n d t h a t he immedia te ly gave

not ice of t h e d a m a g e to t h e depu ty , shot-firer, or some o the r official of t h e m i n e appo in ted in wr i t i ng b y t h e

m a n a g e r for t h e purpose .

(f) I n a n y n a k e d l igh t m i n e t h e depu ty

shall e x a m i n e every safety-lamp requ i red to be used the re in immedia te ly before

i t

it is admitted into the workings for use, and ascertain if it is in safe working order and securely locked, and such lamps shall not he used until they have heen so examined and found in safe working order and securely locked.

(j)	hy omitting general rule twelve of section
fifty-four, and by inserting in lieu thereof the following general rule :—

Rule 12. Shot-firing in all mines shall be carried out in conformity with the regulations contained in Schedule Five to this Act.

The said Schedule may he amended hy the Governor's proclamation pub- lished in the Gazette, and upon such publication the amendments made by the proclamation shall be deemed to be part of this Act,

Any such amendment shall be initiated and dealt with in the same manner as an amendment of a special rule is under the provisions of this Act initiated and dealt with.

(k) by inserting next after general rule twelve the

following general rules :—

Rule 12A. The district of a mine assigned to

a deputy or a shot-firer shall not be of

his statutory duties. If any question

carrying out in a thorough manner all such a size as to prevent him from

arises under this rule, the question shall be decided by the chief inspector, whose decision shall be given effect to pending an appeal to the court.

Rule 12B. (1) Where there is danger caused by an accumulation of coal dust on the floor, roof, or sides of the roads in use for ordinary traffic in any mine, the said floor, roof, and sides shall be as far

as

as practicable systematically cleared or suitably treated so as to remove the said danger.

(2) In every mine, unless the floor, roof, and sides of the roads are naturally wet throughout—

(i)  arrangements shall be made to prevent, as far as practicable, coal dust from the screens entering the downcast shaft.

I n the case of a mine newly opened after the thirty-first day of December, one thousand nine hundred and twenty-six, no plant for the screening or sorting of coal shall be situated within a distance of eighty yards from any downcast shaft except upon the written authority of the chief inspector ;

(ii)   Every skip shall be so constructed and maintained as to prevent, as far as practicable, coal dust escaping through the sides, ends, or floor of the skip, but any skip which was in use in any mine at the date of the passing of this Act may con­ tinue to be used in that mine if kept in a reasonable state of repair to the satisfaction of the inspector.

(iii) the roads shall be examined by a

competent person weekly, and a

report (to be recorded in a book kept at the mine for the purpose) made on their condition as to coal dust and on the steps taken to mitigate danger arising therefrom.

(3) Every part of a mine in which electric cables for supply of light or power are suspended or in which trail­ ing cables are used shall be stone- dusted or otherwise treated to such an

extent

extent that the coal dust in such parts shall not be liable to ignition by arc or spark.

Such treatment shall not he com­ pulsory if the liability to danger from arc or spark is removed as far as practicable by a system of earthing such cables to the general earthing system of the mine and the installation of leakage protection of the circuits to ensure automatic isolation of a faulty circuit immediately the current leaks or flows in an abnormal path.

This paragraph shall not come into operation until a date to be appointed by the Governor and notified by procla­ mation published in the Gazette.

(4) The floor, roof, and sides of the roads of such extensions of the workings as may be made after the thirty-first day of December, one thou­ sand nine hundred and twenty-six, and as are accessible shall he systematically cleared or suitably treated so as to prevent, as far as practicable, the accumulation of coal dust.

(1) by inserting at the end of general rule thirteen
of section fifty-four the following paragraph :—

In any working approaching within ten

inflammable or noxious gases may be appre­	yards of a sealed area where the presence of
hended, there shall be constantly kept not less than five yards in advance a borehole near the centre of the working and sufficient flank boreholes on each side.

(m) by inserting next after general rule fourteen of section fifty-four the following "general ru le :—

Hide 14A. I n every mine an efficient means
of telephonic communication shall be

provided and maintained, and sufficient

in

in the opinion of the inspector for reasonable communications for properly carrying on the work of the mine.

This rule shall not apply in the case of a small mine.

(n) by omitting general rule seventeen of section fifty-four, and by inserting in lieu thereof the following general rule :—

Rule 17. (1) Every road used by the main body of men on any shift for travelling to and from their working-places or where the mine is divided into districts the road used by the main body of men employed in a district shall be of adequate height.

If the height of such road appears to the inspector to be inadequate, he may require that the height be increased to such an extent as he thinks proper, and the manager shall comply with the requisition unless he disputes the reasonableness thereof, in which case the difference shall be settled by the court.

(2) Every travelling road on which a -horse or other draught animal is used underground shall be of sufficient dimensions to allow the horse or other

animal to pass without rubbing against

the roof timbering cables or fixtures,
other than ventilating brattice.

(o) by inserting next after general rule twenty- four the following new general rule :—

Rule 24A. Where the returnair-way affords a second means of egress from any district in a mine to the surface and is not ordinarily used for travelling, the deputy supervising in such district shall travel the whole of such air-way at least once

in

in each -week and ascertain the condition thereof as to ventilation and general safety, and shall make and sign a report with regard to same in a hook to he kept for the purpose.

Such deputy shall give the workmen employed in such district an opportunity of accompanying him so that each workman may travel such return air-way at least once in each quarter and be enabled to make himself thoroughly acquainted with the same.

The manager shall cause guide boards or notice boards to be erected wherever necessary along the return air-way, or take such other means as may be deemed necessary to ensure that the route to the second outlet is indicated in a clear manner.

(p) by omitting general rule forty-three of section fifty-four and by inserting in lieu thereof the following general rule :—

Rule 43. Suitable sanitary conveniences of a pattern approved by the inspector shall be provided above and below ground in every mine.

Every such convenience shall be
kept in a cleanly and sanitary condition

and in good repair and shall be emptied

not less than twice in each week. The

position of every place of convenience below ground shall be agreed upon by the manager and the check inspector and shall be indicated by having the roof and sides regularly coated with lime-washing.

If any question arises under this rule such question shall be decided by the inspector of the district whose decision shall be final.

(q)

(q) by inserting the following general rule next after general rule forty-three of section fifty- four :—

Rule 44. (1) (a) The owner, agent, or

manager of every mine shall provide adequate bath and change-house accom­ modation near to the principal entrance of the mine to enable the persons employed in or about the mine to change and dry their clothes therein and to wash themselves.

The change-house shall not be in the engine-room or boiler-house, and the drying of clothes upon the boiler shall not be permitted;

(b) plans and specifications of all bath and change-houses shall be approved in writing by the Minister before the commencement of their erec­ tion ;

(c) the accommodation and

facilities for taking baths shall be pro­ vided in a building of sufficient dimen­ sions, efficiently lighted and ventilated, kept in good repair, and while the accommodation is in use heated to a temperature of not less than seventy

degrees Fahrenhei t ;

(d) the building shall be con­

structed of material to be approved by

the Minister and shall have a floor of

cement or similar material so graded and drained as to allow water to run to and be carried away at the sides of the building.

The building shall also be so con­
structed as to permit of the interior
being easily cleansed, and to prevent

accumulations of d i r t ;

(e) the floor space in every
change-room shall not be less than ten

square

square feet for each person employed underground in the largest shift at the mine;

(f) separate accommodation

shall be provided for youths under the
age of eighteen years ;

(g) the bath and change-house shall be supplied with an ample supply of hot and cold wholesome water, and a sufficient number of showers and washing basins shall be provided for the employees to have the use of the same without unreasonable delay.

Not less than one shower and two basins for every eight persons in the largest shift employed underground at the mine shall be provided ;

(h) the water supply for the showers and basins shall be so arranged that the temperature can be regulated by the person using same;

(i) no water shall be supplied for baths or for washing which, owing to liability to cause injury to health or for any reason, is unsuitable for the purpose.

In the event of any question arising as to whether the water is unsuit­ able, samples shall be submitted to the Government Analyst and his report

water is unsuitable; shall determine whether or not such

(j) the floor of the building,

the cabinets, and the inside wall up to a height of seven feet shall be thoroughly cleansed once every day and the whole building shall be thoroughly cleansed at such fixed times as shall be decided by the inspector, but at least once in every ten days.

If the accommodation is used by more

than one shift of persons during the day,

the

the cabinets shall be cleansed at such intervals during the day as shall be decided by the inspector; and

(k) provision shall be made for suspending in the roof of the building the clothes of each person using the accommodation, by means of a chain or a cord so treated as to be impervious to moisture.

The chain or cord shall be so arranged and fitted as to be under the sole control of the person to whom it is allotted, by means of a padlock to be provided by

himself, and to keep the clothes of such
person when suspended entirely separate
from the clothes of any other person.

Efficient means shall be provided for drying clothes when so suspended.

(2) Bath and change-houses al­ ready constructed may be continued in use, provided that the Minister is satisfied that the accommodation, design and arrangements in connection therewith are satisfactory and sufficient.

(3) The Minister may grant

exemption from all or any of the provisions of this rule in respect of any mine—

(a) where it is mutually agreed to

between the owner, agent, or

manager and the representative of

the union of employees;

(b)	in which less than twenty persons are employed; or
(c)	which is so situated or in respect of which the circumstances are such that the application of all or any of the provisions of this rule is not, in the opinion of the Minister, reasonably practicable.

(4)

(1) The owner, agent, or manager of any mine shall make rules to be observed by the persons using the bath and change-house with respect to keeping such bath and change-house in a clean and sanitary condition and also with regard to conduct therein.

Such rules shall be approved in writing by the chief inspector and shall be exhibited in a conspicuous position in such house.

Any person wilfully neglecting to observe such rules shall be guilty of an offence against this Act.

(5) The provision to be made under this rule shall in respect of mines in operation at the commencement of this Act be made before the first day of July, one thousand nine hundred and twenty-seven, or within such further time as may be allowed in that behalf by the Minister upon the recommendation of the chief inspector, and in respect of mines commencing to operate after the said commencement within such time as may be allowed in that behalf by the Minister upon the like recom­ mendation.

1 0 . The Principal Act is further amended—

(a) by inserting in section three after the definition of "Agen t " the following new definition:—

" Coke-works " means any works for the manufacture of coke, but does not include any works used primarily for the production of coal gas.

(b)	by inserting the following section next after
section fifty-four:—

64A. (1) (a) The owner or manager of any coke-works shall provide adequate bath and change-house accommodation at a convenient;

place

place on the site of operations to enable the persons employed at the coke-works to change and dry their clothes therein, and to wash themselves.

The change-house shall not be in the engine- room or boiler-house, and the drying of clothes upon the boiler shall not be permitted.

(b) plans and specifications of all bath and change houses shall be approved in writing by the Minister before the commence­ ment of their erection;

(c) the accommodation and facili­ ties for taking baths shall be provided in a building of sufficient dimensions, sufficiently lighted and ventilated, and kept in good repair, and while the accommodation is in use heated to a temperature of not less than seventy

degrees Fahrenhei t ;

(d) the building shall be con­ structed of material to be approved by the Minister, and shall have a floor of cement or similar material so graded and drained as to allow water to run to and be carried away at the sides of the building.

The building shall also be so constructed as to permit of the interior being easily cleansed, and to prevent accumulations of d i r t ;
(e) the floor space in every change

room shall be not less than ten square feet for

each person employed in the largest shift at	the coke-works ;
(f) separate accommodation shall be provided for youths under the age of eighteen years;
(g) thebath and change-house shall be supplied with an ample quantity of hot and cold wholesome water and a sufficient number of showers and washing basins shall be provided for the employees to nave the use of the same without unreasonable delay.

Not

Not less than one shower and two basins for every eight persons in the largest shift em­ ployed at the coke-works shall be provided;

(h) the water supply for the

showers and basins shall be so arranged that the temperature can be regulated by the person using the same;

(i) no water shall be supplied for baths or for washing which owing to liability to cause injury to health or for any other reason is unsuitable for the purpose.

I n the event of any question arising as to whether the water is unsuitable samples shall be submitted to the Government Analyst, and his report shall determine whether or not such water is unsuitable;

(j) the floor of the building, the cabinets, and the inside wall up to a height of seven feet shall be thoroughly cleansed once every day, and the whole building shall be thoroughly cleansed at such fixed times as shall be decided by the inspector but at least once in every ten days

If the accommodation is used by more than one shift of persons during the day, the cabinets shall be cleansed at such intervals during the day as shall be decided by the inspector; and

(k) provision shall be made for
suspending in the roof of the building the

clothes of each person using the accommo­

as to be impervious to moisture.	dation by means of a chain or a cord so treated
The chain or cord shall be so arranged and fitted as to be under the sole control of the person to whom it is allotted by means of a padlock to be provided by himself, and to keep the clothes of such person when suspended entirely separate from those of any other person.
Efficient means shall be provided for drying clothes when so suspended.

(2)

(2) Bath and change-houses already constructed may be continued in use, provided that the Minister is satisfied that the accom­ modation, design, and arrangements in connec­ tion therewith are satisfactory and sufficient.

(3) The Minister may grant exemption from all or any of the provisions of this section in respect of any coke-works—

(a)	Where it is mutually agreed to between the owner or manager and the repre­ sentative of the union of employees ;
(b)	in which less than twenty persons are employed ; or
(c)	which is so situated or in respect of which the circumstances are such that the application of all or any of the pro­ visions of this section is not, in the opinion of the Minister, reasonably practicable.

(4) The owner or manager of any coke- works shall make rules to be observed by the persons using the bath and change-house with respect to keeping such bath and change-house in a clean and sanitary condition and also with regard to conduct therein.

Such rules shall be approved in writing by the chief inspector and shall be exhibited in a conspicuous position in such house.

Any persons wilfully neglecting to observe

such rules shall be guilty of an offence against
this Act.

(5) An inspector shall have power to make such examination and inquiry as may be necessary to ascertain whether the provisions of this section have been complied with in the case of any coke-works, and to enter, inspect, and examine such bath and change-house at all reasonable times.

(6)

(6) Any person who wilfully obstructs an inspector in the execution of the duties hereby imposed, and any owner or manager of any coke-works who refuses or neglects to comply with the provisions of this section shall be guilty of an offence and be liable to a penalty not exceeding twenty pounds, and where any such off'ence is continued after conviction therefor, to a further penalty not exceeding five pounds for every day during which any such offence is so continued.

(7) The provision to be made under this section shall in respect of coke-works in operation at the commencement of this Act be made before the first day of Julv, one thousand nine hundred and twentv-seven, or within such further time as may be allowed in that behalf by the Minister on the recommendation of the chief inspector, and in respect of coke-works commencing to operate after the said com­ mencement within such time as may be allowed in that behalf by the Minister upon the like recommendation.

1 1 . The Principal Act is further amended—

(a) by omitting subsection two of section fifty- eight and by inserting in lieu thereof the following new subsection :—

(2) For the purpose of establishing such special rules the procedure shall be—

(a) the owner, agent, or manager shall—

(i)	post up the proposed rules in like
manner as is provided in section sixty-
four, and shall post up at the same time a notice that any objections to the rules on the ground of anything contained therein or omitted therefrom may be taken by any person employed in the mine by sending a written statement of the same within fourteen days to the inspector of the district at an address specified in the notice, and a copy of the statement to the manager; and

o (ii)

(ii)   on the same day shall post a copy of the proposed rules to the secretary of the local miners' lodge, together with a notice that the lodge, if it has any objection, on the ground of anything contained therein or omitted therefrom, may make such objection by posting a written statement of the same to the inspector, and a copy of the statement to the manager within fourteen davs;

(b)	the said proposed rules and notice so posted shall remain so posted for not less than two weeks;
(c)	after the said period of posting has elapsed the owner, agent, or manager shall send to the inspector two copies of the proposed rules signed by the owner, agent, or manager, together with a certificate that he has duly complied with the require­ ments of paragraphs (a) and (b) of this subsection, and with an intimation to the said inspector that the owner, agent, or manager has framed and has so transmitted the proposed rules for approval by the Minister.
(b)	by omitting subsection three of section fifty- nine and by inserting in lieu thereof the following subsection :—
(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 the court for determination.
The rules shall be established as settled by such determination.

(c) by inserting next after subsection two of section sixtv the following new subsection :—

(3) The local lodge or any workman employed in a mine may request the Minister to propose in writing to the owner, agent, or manager of the mine any new special rule, or any amendment of a special rule, and the Minister shall within twenty days inform the secretary of the lodge of his consent or refusal

to do so. If

If the Minister so consents, he shall within twenty days propose such amendment under subsection two of this section.

If the Minister refuses, or if he does not inform the said secretary within the said time (which omission shall be taken to be a refusal) the lodge may appeal as prescribed against such refusal to the court.

The court may determine the matter as upon a proposal by the Minister under section fifty- nine.

(d) by inserting at the end of section sixty-eight the following new subsection :—

(2) Where a notice has been given under section twenty-eight the offence shall, if no objection has been made under that section, not he deemed to have been committed until the expiration of ten clear days after the receipt of the notice, or if an objection has been made, then not until the expiry of the time specified in the order of the court for compliance therewith :

Provided that upon any proceedings being taken for an offence against section twenty- eight the court hearing the charge if satisfied that the defendant has taken active measures to comply with the requirements of the notice or order, but has not, although using reason­ able diligence been able to completely comply with such requirements, may adjourn the

within a reasonable time, no penalty shall be proceedings, and if the works are completed

inflicted.

1 2 . The Principal Act is further amended—

(a) (i) by omitting from section sixty-nine the
words " i s guilty of" and by inserting in
lieu thereof the words " is charged with " ;
( ii) by omitting from the same section the words
" t h a t tries the case" and by inserting in

lieu thereof the words " before which he is

so charged " ;

(iii)

(iii)   by omitting from the same section the words "such person shall be liable if" and by inserting in lieu thereof the word " and " ;

(iv)   by inserting in the same section after the words " circumstances of the case" the words " the court may commit such person for trial at a court of quarter sessions and upon conviction he shall be liable."

(b) by inserting next after section sixty-nine the following section :—

09A. (1 ) Where proceedings are taken under this Act against the owner or agent of a mine in respect of an offence under this Act for which the owner, agent, or manager or each of them is liable under this Act, the owner or agent shall not be liable to any penalty if he proves to the satisfaction of the court—

(a)	that he was not in the habit of taking and did not in respect of the matters in question take any part in the manage­ ment of the mine; and
(b)	that he had made all the financial and other provision necessary to enable the manager to carry out his duties ; and
(c)	that the offence was committed without his knowledge, consent or connivance.

(2) Save as above provided, it shall not
be a defence in any proceedings brought

against the owner or agent of a mine under

this Act in respect of such an offence as-

aforesaid that a manager of the mine has been
appointed in accordance with this Act.

(3) Nothing in this Act shall render the owner, agent, or manager of a mine liable to a penalty in respect of any contravention of or non-compliance with the provisions of this Act, if he proves that the contravention or non­ compliance was due to causes over which he had no control and against the happening of which it was impracticable for him to make provision.

(4)

(4) Nothing in this section shall be construed as preventing proceedings being instituted, in the first instance, against the manager for any offence for which the manager of the mine is liable under this Act.

(c) by omitting paragraphs (b) and (c) of section seventy and by inserting in lieu thereof the following paragraphs :—

(b) Every court of petty sessions shall have jurisdiction to hear and determine com­ plaints for the breaches of this Act punishable by fine.

Such complaints shall be made in the court of petty sessions of the police district in which the said mine to which the said complaint refers is situated, and the Justices Act, 1902, shall apply to all such proceedings : Provided that by the consent of the parties the said complaint may be heard by another court of petty sessions.

In respect of breaches the punish­ ment for which may be imprisonment, a court of quarter sessions shall have jurisdiction to hear and determine the same.

(c)	The court shall, if required by either party, cause the minutes of the evidence to be preserved.
(d)	Where, with respect to or in conse­
special report is made by an inspector, quence of any accident in the mine, a

or a report is made by the court appointed to hold a formal investiga- tion, or a coroner's inquest is held, and it appears from the report, or from the proceedings at the inquest, that any of the provisions of this Act were not being complied with at the time of the accident, summary proceedings against any person liable to be proceeded

against

against in respect of sucli non-com­ pliance may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

1 3 . The Principal Act is further amended—.

(a) (i) by omitting the words " first or a second- class " from clause seven of the Second Schedule;

(ii)   by inserting in the same clause at the end thereof the words " a n d its description and class " ;

(b) by omitting the second paragraph of the Third Schedule relating to second-class certificates, and by inserting in lieu thereof the following paragraph :—

Second-class or third-class certificate, or Mine

Electrician's certificate.

£ s. d.

By an applicant for examination	...	...	1 0	0
For copy of certificate	...	...	...	0 '2 6

(c) by inserting next after the Fourth Schedule the following schedule : —

F I F T H SCHEDULE.

REGULATIONS FOR SHOT-FIRING.

GENERAL.

Applicable to all mines.

1. In this Schedule, unless the context otherwise indicates or requires, " competent " means holding at least a third-class certificate, of competency or of service as in the Act provided.

2. No drill shall be used for the boring of a shot-hole unless it allows

at least a clearance of one-eighth of an inch over the diameter of the

cartridge which is intended to be used in the shot-hole.

No person shall attempt to charge a shot-hole unless such clearance

exists.
3. Before any shot is charged the direction of the hole shall, where reasonably practicable, be distinctly marked on the roof or other con­ venient place.

4. Every charge shall be placed in a properly drilled and placed shot- hole, and shall have sufficient stemming, and each such charge shall consist of not more than one description of explosive.

I t shall be the duty of the person firing the shot to satisfy himself that these requirements are fulfilled before he fires the shot.

5. No explosive shall be forcibly pressed into a hole, and when a hole has been charged the explosive shall not he unrammed, nor shall any part of the stemming be removed nor shall the detonator leads be pulled out.

G. The person firing the shot shall, after the shot has been fired, make a careful examination of the place and sec that it is safe in all respects.

7. Any explosive substance shall only be used in the mine below ground as follows:—

(a) I t shall not be stored in the mine except as herein provided :—
Notwithstanding any provisions of the Explosives Act,
1905, where in any mine or part thereof the manager requires
blasting to be done on the afternoon shift of mineral prepared
for .this purpose on the day shift immediately preceding such
afternoon shift the estimated amount of explosive substance
so required for each miner so employed (not exceeding
5 pounds) may be taken into the mine by the miner on the
day shift who is employed preparing the mineral for blasting,
and shall be stored by him in a suitable place in his working-
place for the use of the shot-firer employed on the succeeding

shift, who shall take therefrom such explosive substances as

are required for the blasting of the mineral.
The owner, agent, or manager of the mine shall make suitable provision conveniently near the entrance of the mine for the storage of surplus explosives brought out of the mine at the end of each shift.

If any explosive remains in the possession of a workman at the end of his shift, other than the explosive excepted above, he shall bring it with him out of the mine, and return it at once to the place of storage provided for the purpose.

(b) It shall not be taken into the mine except in cartridges in a secure ease or canister containing not more than 5 pounds, unless by the permission of the inspector granted to the manager of the mine on his application.

This provision shall not apply to sinking shafts.

(c)	A workman shall not have in use at the one time in any one place more than one of such cases or canisters, unless by the permission of the inspector granted to the manager of the mine on his application.
(d)	Detonators shall be kept in the place of storage provided for explosives under the Explosives Act, 1905.
(e)	The detonators so stored shall be issued only to the manager

or under-manager, or to a deputy or shot-firer, and to a miner

of the said mine in the case of a naked light mine only.
(f)	Every person to whom detonators are issued as aforesaid shall keep the detonators until they are about to be used for the charging of a shot-hole in a suitable case or box which shall be provided by the owner, agent, or manager, and which shall be kept securely fastened and separate from any other case or box containing explosive, and shall be used only for the storage of the detonators.

In the case of a shaft being sunk from the surface or deepened, it shall not be deemed a contravention of the foregoing provision if the primers for charges are fitted with detonators on the surface before being taken into the shaft.

(g) In the process of charging or stemming for blasting, a person shall not use or have in his possession any iron or steel pricker, charger, tamping rod, or stemmer.

In

Ill all mines only clay or some other non-combustible material approved for the purpose by the inspector shall be used for stemming.

(h) In any place in which the use of a locked safety-lamp is for the time being required by or in pursuance of this Act, or which is dry and dusty, no shot shall be fired except by or under the direction of a competent person appointed by the owner, agent, or manager of the mine.

Such person shall not fire the shot or allow it to be fired until he has examined both the place itself where the shot is to be fired and all contiguous accessible places of the same seam within a radius of 20 yards, and has found such place safe for firing.

(i)  If in any mine, at either of the inspections under General Rule 4 of section fifty-four of this Act recorded last before a shot is to be fired, inflammable gas has been reported to be present in the ventilating district in which the shot is to be fired, the shot shall not be fired—

(i)	unless a competent person, appointed as aforesaid, has examined the place where gas has been so reported to be present, and has found that such gas has been cleared away, and that there is not at or near such place sufficient gas issuing or accumulated to render it unsafe to fire the shot; or
(ii)	unless the explosive employed in firing the shot is so used with water or other contrivance as to prevent it from inflaming gas, or is of such a nature that it cannot inflame gas.

(j)

If the place where a shot is to be fired is dry and dusty, then the shot shall not be fired unless one of the following con­ ditions is observed, that is to say—

(i)	unless the place of firing and all contiguous accessible places within a radius of 20 yards therefrom are at the time of firing in a wet state from thorough watering or other treatment equivalent to watering, in all parts where dust is lodged, whether roof, floor, or sides ; or
(ii)	in the case of places in which watering would injure the roof or floor, unless the explosive is so used with water or

other contrivance as to prevent it from inflaming gas or

dust, or is of such a nature that it cannot inflame gas or
dust.

(k)

If such dry and dusty place is part of a main haulage road, or is a place contiguous thereto, and showing coal dust adhering to the roof and sides, no shot shall be fired there unless—

(i)	both the conditions mentioned in paragraph (j) of this regulation have been observed ; or
(ii)	unless such one of the conditions mentioned in paragraph (j) of this regulation as may be applicable to the particular place has been observed, and moreover all workmen have been removed from the seam in which the shot is to be fired, and from all seams communicating with the shaft on the same level, except the men engaged in firing the shot, and such other persons, not exceeding ten, as are

necessarily

necessarily employed in attending to the ventilating furnaces, steam boilers, engines, machinery, winding apparatus, signals, or horses, or in inspecting the mine.

(1) Neither gunpowder nor any other explosive which is not on the list of permitted explosives in force for the time being shall be used in any part of a mine which is dry and dusty, or which is not free from inflammable gas.

(m) No explosive shall be taken or used in any mine except explosives provided by the owner; and the price, if any, charged by the owner to the workman for any explosives so provided shall not exceed the actual net cost to the owner.

8. The person firing the shot shall, before doing so, see that all persons in the vicinity have taken proper shelter, and he shall also take suitable steps to prevent any person approaching the shot.

He shall also himself take proper shelter.

If he has reason to believe that there is a possibility of the shot

blowing through into an adjoining place he shall send verbal warning
to the persons in that adjoining place to take proper shelter.

9. Two or more shots shall not be fired in the same place simul­ taneously except that in the working of tops, two or more shots fired electrically may be fired simultaneously by permission of the inspector granted on application by the manager.

10. If two or more shot-holes have been placed in such a manner that the firing of one of them would be liable to relieve any part of the work to be done by another, each of these shots shall be fired before any other of them is charged.
11. Where in any longwall face shots to bring down the coal are fired between shifts, the foregoing requirement as to the charging of shot-holes shall not apply if and in so far as this observance would necessitate the firing of any such shot during a working shift.
12. If a shot misses fire, the following provisions of this regulation shall be observed :—

(a)	The person firing the shot shall not approach or allow anyone to approach the shot-hole until an interval has elapsed of not less than ten minutes, where the shot has been fired electrically, and not less than eight hours where the shot
has been fired by fuse.
(b)	If a shot is being fired electrically the person firing the shot shall before approaching or allowing anyone to approach the shot-hole, disconnect the cable and the movable handle from the firing apparatus, or carry the apparatus with him in his own possession, and shall examine the cable and connections for any defect, and no person shall knowingly approach the shot-hole until this has been done.
(c)	If the person firing the shot has occasion to leave the place before the shot has exploded he shall fence off the place before leaving, and shall affix a danger board or fence indicating the presence of a miss-fire shot.
(d)	Except where the miss-fire is due to a faulty cable or a faulty electrical connection, and the shot is fired as soon as practicable after the defect is remedied, another shot shall be fired in a fresh hole which shall be drilled not less than

twelve

twelve inches away from the hole in which the shot has missed tire, and shall, as far as practicable, he parallel with it.

(e) A second charge shall not be placed in the same hole.

(f)	If the miss fired shot contained a detonator, the person firing the second shot shall, before doing so, attach a string to the electric leads, or fuse of the miss-tired shot, and secure it by- attaching it to the cable or to a prop or otherwise.
(g)	After the second shot has been fired no person shall work in the place until the person firing the shot or an official of the mine has made a careful search for the detonator and charge of the miss-fired shot.

If the detonator and charge are not found, the stone or mineral shall he loaded under the supervision of the person firing the shot, or an official, and sent to the surface in a skip or skips specially marked.

The search for the detonator and charge, and the loading of any stone or mineral which may contain a detonator, shall be carried out as far as possible without the use of tools.

(h) Should the miss-fired shot not be dislodged by the second shot the person tiring the shot shall report to the manager or other official, who shall take such action as he may deem desirable.

(i)  The person or persons tiring the shots shall report the circumstances to the manager, under-manager, or deputy, and the number of cartridges, if any, which have not been found, and hand to him the detonator and charge, if found.

13. The provisions of Regulation 5 as to the pulling out of detonator
leads shall not apply in cases in which an exemption has been granted
by the Chief Inspector on the ground that water is used for stemming.

14. The provisions of Regulations 9 and 10 shall not apply in

driving stone drifts or in sinking pits :

Provided that in stone drifts the number of shots which may be fired simultaneously shall not exceed three unless fired electrically in series.

Additional regulations applicable to naked light mine*.

15. No shots shall be fired except by means of an efficient electrical apparatus or by means of a fuse.

The fuse shall consist of a core of gunpowder, protected by not less than three coverings of thread or by not less than two coverings of thread and one of tape or gutta-percha.

The fuse shall be of such quality that the time of burning of the fuse shall not vary more than 10 seconds above or below the rate of 90 seconds for every yard of fuse.
16. Where shots are fired electrically, they shall be fired by a person authorised in writing by the manager for the purpose.

The exploder, detonator, wires, and cable shall be suitable for the conditions under which the blasting is carried out.

High tension magneto generators shall be enclosed in flame-tight

cases,

The

The exploder shall he in the charge of the persons authorised to use i t ; and unless it is fitted with a detachable handle or key, which shall be detached when not required for firing, shall not under any conditions pass from the personal custody of the persons authorised to use it.

The person who is going to fire the shot shall himself couple up the cable to the detonator wires, and shall do so before coupling the cable to the firing apparatus.

He shall take care to prevent the cable coming into contact with any power or lighting cables.

He shall also himself couple the cable to the firing apparatus.
In cases where shots are fired by fuse, the fuse may be ignited by

means of a naked light, subject to the conditions that no person while charging a shot-hole or handling any explosive not contained in a securely closed case or canister, shall smoke or allow any naked light to be within a distance of 4 feet of the shot-hole or explosive, and before a light is brought near to the hole for the purpose of firing the shot all other explosives shall be removed from the neighbourhood of the shot-hole.

Before coupling the cable to the firing apparatus, or igniting the fuse, he shall see that all persons in the vicinity have taken proper shelter.

Additional regulations applicable to safety-lamp mines.

17. A competent person (called a shot-firer) shall be appointed in writing by the manager for the purpose of firing shots.

No person shall be so appointed if his wages depend upon the amount of mineral to be gotten, nor unless he is the holder of at least a third-class certificate under this Act.

No shot shall be fired except by a shot-firer appointed as aforesaid.
18. Every shot-firer shall before commencing his shot-firing round

refer to the last recorded inspection under General Rule 4 of section fifty-four of this Act of the ventilating district in which the shot is to be fired prior to his entering the said ventilating district to ascertain in what places inflammable gas has been reported to be present in the said ventilating district, and shall initial such report.

19. No shots shall be fired except by means of an efficient magneto electrical apparatus.

High tension magneto generators employed in any gassy mine shall the shot-firer. be enclosed in flame-tight cases. 20. The said magneto electrical apparatus shall he in the charge of

If fitted with a detachable handle or key, the said handle or key shall be detached by the said shot-firer and retained by him when not required to fire a shot.

If not so fitted, the said apparatus and fittings shall not pass from the personal custody of the said shot-firer whilst on duty except to a person authorised to fire shots.
21. The said apparatus, detonators, and firing cable shall be suitable for the conditions under which the blasting is carried out.
22. No shot shall be fired in coal unless the coal has been holed to a depth greater than the depth of the shot-hole.

This provision shall not apply to any anthracite mine or to any mine where by reason of the character of the coal or the inclination of the seam, holing would be impracticable or dangerous.

23. Every shot shall be charged and stemmed by or under the super­ vision of a shot-firer.

Before the hole is charged a shot-firer shall examine it for breaks running along or across, and if any such break is found the hole shall not be charged, except in stone drifts.
24. No shot shall be fired unless immediately before the shot is to be fired the shot-firer has examined with a locked safety-lamp or other apparatus approved for the purpose by the Chief Inspector, the place where the shot is to be fired and all contiguous accessible places within a radius of 20 yards from the place, and has found them clear of inflammable gas and in all respects safe for firing.

25. No shot shall be fired unless the shot firer has examined the floor,

roof, and sides of all contiguous accessible places within a radius of 20

yards of the place where the shot is to be fired for coal dust, and has taken efficient steps to render any coal dust within that area harmless.

26. The shot-firer shall himself couple up the cable to the detonator
wires, and shall do so before coupling the cable to the firing apparatus.

He shall take care to prevent the cable coming into contact with

any power or lighting cables.

He shall also himself couple the cable to the firing apparatus.

1 4 . The Principal Act is further amended—

(a)	by inserting in subsection three of section one the word " deputies " after the word " under-
managers " ;
(b)	by omitting from the same subsection the word " Arbitration " and by inserting in lieu thereof the words " Court of Coal Mines Regulation " ;
(c)	by omitting from the same subsection the figures " 56 " and by inserting in lieu thereof

the figures and letter " 56A."

LOCAL