Coal Mines Regulation (Amendment) Act 1947 (NSW)

COAL MINES REGULATION (AMENDMENT)

ACT.

Act No. 12, 1947.

An Act to make further provisions for the management and regulation of mines of coal and mines of shale; to amend the Coal Mines Regulation Act, 1912-1941, and certain other Acts; and for purposes con- nected therewith. [Assented to, 28th March, 1947.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South 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 he cited as the "Coal Mines Regulation (Amendment) Act, 1947."

in the Gazette.

(2) The Coal Mines Regulation Act, 1912, as amended by subsequent Acts is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Coal Mines Regulation Act, 1912-1947.

(4) This Act shall, except where otherwise
expressly provided, commence upon a day to be appointed
by the Governor and notified by proclamation published

2.   The Principal Act is amended—

(a) by inserting in subsection one of section three

next after the definition of " I n s p e c t o r " the

following new definition:—

" J o i n t Coal B o a r d " means the J o i n t Coal

Board const i tuted pu r suan t to the Coal

I n d u s t r y Act, 1946.

(b)	by inserting at the end of section seven the w o r d s : " A n officer or employee of the Public Service act ing as an examiner under this Act m a y re ta in for his own use the remunera t ion
prescr ibed by such rules for e x a m i n e r s " ;
(c)	by inserting in section eleven after the word " p l a n e " the words " o r hauled or lowered on
any p l a n e " ;
(d)	by inserting at the end of subsection one of section twenty-two the following p rov i so :—

Prov ided tha t a person shall not be appointed as mine electrician a t any mine if he holds an appoin tment as mine electrician a t any other mine.

(e)	by omitting from subsection one of section twenty-three the words " a Senior Inspec tor of Collieries w h o " and by inser t ing in lieu thereof the words " t w o Senior Inspectors of Collieries,
each of w h o m " ;

(f)	by omitting from subsection four of section
twenty-four the words " S e n i o r I n s p e c t o r " and
by inser t ing in lieu thereof the words " S e n i o r

I n s p e c t o r s " ;

(g) by inserting in subsection one of section twenty- six af ter the words " sub jec t t o " the words " t h e provisions of the Public Service Act, 1902, as amended by subsequent Acts, a n d " ;

(h) by omit t ing from p a r a g r a p h (b) of subsection

one of section twenty-seven the word	" r e a s o n ­
a b l e " .

3 . The Pr inc ipa l Act is fu r the r amended—

(a) by inserting next after subsection one of section thirty-five the following new subsection:—

(1A) The owner, agent or manager of the mine a t per iods of not more than six months , shall forward to the Under Secre ta ry for Mines an accurate t rac ing of the p lan required to be kept in t h e office at the mine under subsection one of this section, showing the mine workings up to a date not more than three months p re ­ viously and ti t led the mine record t racing. Such t r ac ing shall show a surveyed connection to some measured por t ion on the surface of the mine together with the azimuth adopted.

(b) (i) by o m i t t i n g from subsection one of section

35A the words " sca l e not less than of ten

chains to the i n c h " and by inser t ing in lieu thereof the words " s c a l e tha t will c l e a r l y

def ine the a r e a " ;

(ii)   by inserting at the end of the same sub­

section the words " t o g e t h e r with a schedule

of par t i cu la rs of t i t l e to the lands shown on

t h e p l a n " ;

(c) (i) by o m i t t i n g from section 3GA the words " a n y discovery of inflammable gas which is the subject of a repor t under subsection five of

general rule eight of section fifty-four of
this A c t " and by inser t ing in lieu thereof the words—
" a n y discovery of inflammable gas in a mine or p a r t of a mine which immediately
p r io r there to was not a gassy p l a c e " ;
(ii)	by inserting in the same section after the words " m a y ask f o r " the w o r d s " T h e owner, agent or manage r of the mine shall, a s soon a s pract icable, r epor t a n y such occurrence to the check inspector of the d i s t r i c t " ;

(d)

(d ) by inser t ing a t the end of section 37A the follow­ ing new subsect ions:—

(3) The re-ent ry to any mine or p a r t of a mine which has been sealed off on account of self-heating or fire shall not, as far as is pract ic­ able, be made on a main product ion shift.

(4) In a mine in which the coal or s t r a t a is liable to spontaneous combustion a site for the erect ion of a seal shall be p r e p a r e d in accord­ ance with the approva l of the inspector in every open roadway to each panel or d is t r ic t and mater ia l s of a type approved by the inspector shall be made available nea r such site for the purpose of isolat ing the panel or dis t r ic t in case of emergency.

(e)	bv omitting from section forty-six the word " c o a l " ;
(f)	(i) by inser t ing at the end of p a r a g r a p h (b l )

of subsection one of section fifty the follow­

ing new s u b p a r a g r a p h s : —

(ii)   Where the Minister so requires one of such means of egress shall be a

r e tu rn a i rway.

(iii)  The manager of the mine shall cause to be posted up a t the p i thead in some conspicuous place where it can be conveniently seen by the persons employed a p lan of the mine on a suitable scale showing the main roads , the means of egress from each

p a r t of the mine to the surface and

the telephone s tat ions u n d e r g r o u n d ; and so often as such plan becomes defaced, obl i terated or destroyed, shall cause it to be replaced with all reasonable despatch.

(ii)  by inserting at the end of subsection two of the same section the following new p a r a g r a p h : —

(b) Any person who pulls down, injures or defaces any plan posted up in

D pursuance

pursuance of s u b p a r a g r a p h (iii) of

p a r a g r a p h ( b l ) of subsection one of this section shall be guil ty of a n offence aga ins t this Act.

4 . (1) Section fifty-four of the Pr inc ipa l Act is

amended—

(a)	(i)	by inserting at the end of part (b) of general
ru le one the following new p a r a g r a p h : —

(ii)    Wi thou t prejudice to the genera l i ty of the provis ions of p a r a g r a p h ( i ) of this p a r t in each vent i la t ing dis­ t r ic t in the mine as nea r as prac t ic ­ able to a point within one hund red ya rds outbye of the first working- place a t the working face which the a i r enters there shall be ma in ta ined continuously pass ing a to ta l quan­ t i ty of pu re a i r equal to one hun­ dred and fifty cubic feet pe r minu te for each person and three h u n d r e d cubic feet pe r minute for each horse engaged or pass ing in such vent i la t ing dis t r ic t or such g r e a t e r quan t i ty as the inspector may in his

discret ion determine.

Such total quan t i ty shall sweep
along the air-ways and of such
to ta l quant i ty a i r in the foregoing

propor t ions shall be forced as f a r

as the face of and into each and every working-place where a n y person or horse is engaged or pass ­

ing in such vent i la t ing d i s t r i c t :

P rov ided tha t the inspector may in respect of any working-place direct tha t a i r in g rea t e r p ropor­ t ions t han those prescr ibed by the foregoing provis ions of this p a r i be supplied to such working place.

( i i )

(ii)     by inser t ing in p a r t (e) of the same general rule after the words " c a r b o n d i o x i d e " the words " o r if the a i r contains more t han one p a r t of carbon monoxide in every ten

thousand p a r t s t he reo f" ;
( i i i)	(a) by omitting from part (f) of the same genera l rule the words " a f t e r the da te of the commencement of the Coal Mines

Eegula t ion (Amendment ) Act, 1 9 4 1 " ;

(b)	by inser t ing in the same p a r t af ter the word " s h a l l " where firstly and th i rd ly occurr ing the words " sub jec t to the
approva l of the i n s p e c t o r " ;
(c)	by inser t ing a t the end of the same p a r t
the following new s u b p a r a g r a p h : —
(iii) where doors are required outbye a point one hundred y a r d s on the intake side of the face in the first working-place in the vent i la t ing distr ict which the a i r enters such doors shall be made of wood or other substant ia l mate r ia l and brat t ice shall not be used for this

p u r p o s e :

P rov ided tha t the inspector, if
he considers it necessary for

efficient venti lat ion, may requi re

to be erected inbye the point one s toppings of brick, or concrete

hundred y a r d s on the outbye side

of the first working-place in a vent i la t ing dis t r ic t which the a i r e n t e r s ;

(b) (i) by omitt ing from genera l rule two the words
"be low ground in any mine or s e a m " and

by inser t ing in lieu thereof the words " o f

any m i n e " ;

(ii)    by omitting from the same general rule the

word " u n d e r g r o u n d " ;

(c)

(c) by inserting at the end of general rule three the words—

" A n y mechanical contrivance introduced

unde rg round for auxi l ia ry vent i la t ion shall be instal led used and main ta ined in accordance with the requi rements of the inspector and shall no t be used to replace the main vent i la t ing s y s t e m . "

(d) (i) by "omitting from p a r a g r a p h (a) of genera l

rule four the words " o r on the intake air­ way in a vent i la t ing d i s t r i c t " and by insert­ ing in lieu thereof the words " a n d also on the intake a i rway in each vent i la t ing d i s t r i c t ' ' ;

(ii)    by inser t ing next after p a r a g r a p h (e) of t he same general rule the following new p a r a ­

g raph :—

(e l ) A full and accurate r epor t shall be
made of one of the similar inspec­

tions made under s u b p a r a g r a p h

(i) of p a r a g r a p h (e) of this genera l

rule. Such r epo r t specifying the

condition of the vent i la t ion and whether or not, and where, if any, noxious or inflammable gas w a s found, and whether or not any, and (if any) wha t defects in roofs or sides and other sources of dange r were observed, shall be recorded without delay in the record book to- be kept a t the mine for the purpose ,

and accessible to the workmen, and

such r epo r t shall be signed by, and so far as the same does not consist of -printed mat te r , shall be in the handwr i t ing of the person who made the inspection.

(e) (i) by inser t ing in p a r a g r a p h two of rule 12B af ter general

the words " e x p o s e d to the

d u s t " the words—

' ' The Governor may in like manner va ry ,

amend or revoke any such s t andard f rom

time to t i m e " ;

(i i)

(ii) by inser t ing in the same p a r a g r a p h after

the words " S u c h s t a n d a r d " the words " o r whore such s t anda rd has been var ied or amended such s t anda rd as so var ied or a m e n d e d " ;

(iii)    by omit t ing p a r a g r a p h s five and six of the same general rule and by inser t ing in lieu

thereof the following p a r a g r a p h s : —

(5) At every working face in a working- place where coal or shale is hewn, cut or filled either by hand or by mechanical means , wa te r in pipes under p ressure from a wa te r ret iculat ion system, or other system approved by the Jo in t Coal Board , shall be provided and the water shall be used dur ing all such opera t ions for the purpose of reducing the dust in the a tmosphere to a minimum. The wa te r system shall have such capaci ty and p ressu re as is necessary to give the maximum efficiency in the laying of dust . The water shall be applied to coal (other than solid coal including coal in p i l lars) through wa te r sp rays and to solid coal, including coal in pi l lars , by infusion. To reduce dust to a minimum water or some other agent approved by the J o i n t Coal Board shall be applied to the p a r t or p a r t s of the floor of all t ravel l ing roads and wheel­ ing roads where persons and horses a re pass ing .

(6) The provis ions of p a r a g r a p h five of

this general rule shall not apply in a mine or p a r t of a mine where the conditions are

na tura l ly wet.

(iv)    by omit t ing from p a r a g r a p h nine of the same general rule the words " o f or in excess of

the proclaimed s t a n d a r d " ;
(v) by inser t ing next after	p a r a g r a p h	nine	of

the same general rule the following new

p a r a g r a p h : —

(9A) The J o i n t Coal B oa r d for such

reasons as appea r to it to be sufficient and

upon

upon the wr i t ten appl icat ion of the owner, agent or manage r of any mine, may subject to such conditions, if any, as it may deem fit, exempt such mine or any p a r t thereof from all or any of the provisions of p a r a g r a p h s five and nine of this genera l rule.

(f) by omit t ing from p a r a g r a p h (b) of general ru le

fourteen all the words af ter the words	" t w e n t y
y a r d s " and by inse r t ing in lieu thereof	the
words—

" W h e r e manholes a re not built in the solid

they shall be constructed to the requi rements of

the inspec tor :

P rov ided tha t this p a r a g r a p h shall apply only

to haulage roads and not to bords, cut- throughs

or other working p l ace s . "

(g)	(i)	by omit t ing p a r a g r a p h two of genera l	rule
16B;
(ii) by omit t ing p a r a g r a p h	four	of the	same

genera l rule and by inser t ing in lieu there­

of the following p a r a g r a p h : —

(4) All t r a n s p o r t systems shall be

equipped—

(a) with efficient brakes on the engine,

(b) with efficient brakes or other means whereby the t r a n s p o r t cars or t rol leys can be s topped quickly in

case of emergency, and

(c) with a proper system of signalling including adequate provision for clearly indicat ing any fai lure of the system.

Except where the source of the power opera t ing the t r an spo r t cars or t rol leys and the person controll ing such operat ion a re with the t r a n s p o r t cars or t rol leys, all t r ans ­ po r t systems shall have efficient telephonic communication between the t r an spo r t cars or trolleys and the pe r son controll ing the operat ion of the system.

(h)

(h) (i) by omitting paragraph one of general rule twenty-three and by inserting in lieu thereof the following paragraph:—

(1) The roof under which any work of hewing or filling mineral is carried on and the roof of all travelling and wheeling roads shall be systematically and adequately supported. For this purpose props, or props and slabs, or props and bars or chocks or other means of support approved by the inspector shall be set at such regular inter­ vals as may be specified in the notice herein­ after mentioned.

(ii)   by omitting paragraph three of the same general rule;

(i) (i) by omitting from general rule twenty-five
the words "within hearing of the signals";

(ii)   by inserting in the same general rule after the word " m i n e " where secondly appearing the words "unless he is relieved by a com­ petent male person not less than twenty-one years of age who shall then attend to the working of such machinery in compliance with the foregoing provisions";

(j)	by inserting at the end of general rule twenty- six the words—
"The signals referred to in this general rule shall be given by means of efficient mechanical or electrical apparatus. There shall be provided
in connection with every winding-engine used for the purpose of drawing mineral or for the

lowering or raising of persons in such shafts an appliance which shall automatically indicate in a visual manner to the winding-engineman, in addition to the ordinary signal, the nature of such signal until such signal is complied with."

(k) by omitting from paragraph one of general rule twenty-seven the words "if the shaft is vertical, be provided with a detaching hook, and, if the shaft is more than three hundred feet in depth,

shall

shall also be provided with an effective auto­
matic contrivance to prevent over-winding.

The provisions of this subclause of this rule shall come into operation on the first day of July, one thousand nine hundred and thirty- th ree" and by inserting in lieu thereof the words "be provided with an effective automatic con­ trivance to prevent over-winding, and if the shaft is vertical shall also be provided with a detaching hook."

(1) by inserting next after general rule twenty-nine the following new general rule :—

Rule 29A. (1) No rope shall be used for rais­ ing or lowering persons in any shaft or inclined plane unless a certificate has been furnished by the manufacturer setting out the date of manufacture, diameter and circumference of the rope in inches, breaking strain of the rope, length of the rope and weight per foot in pounds. A copy of the certificate shall be forwarded to the inspector immediately a rope is newly installed, together with particulars of the weight of load to be carried and the weight of maximum length of the rope to be used.

(2) The factor of safety for all such ropes when newly installed shall be not less than the following:—

Raising or lowering of persons—

Surface to 2,000 feet, factor of

safety 10

Beyond 2,000 feet, factor of

safety 8

Raising or lowering of mineral or materials—

Surface to 2,000 feet, factor of

safety 8

Beyond 2,000 feet, factor of

safety 7

The

The factor of safety shall be cal­ culated by dividing the breaking strain of the rope as given in the manufacturer's certificate by the sum of the maximum load to be raised or lowered plus the total weight of the rope in the shaft when fully let out.

(3) At least once in every six months such rope shall have cut off the lower end a portion at least six feet in length.

The length so cut off shall be sent to a testing station approved by the chief inspector for a breaking test.

A copy of such test shall be forwarded to the inspector.

(4) No such rope shall be used when its factor of safety (as calculated in the manner hereinbefore prescribed) has fallen below the following:—

Raising or lowering of persons—-
Surface to 2,000 feet, factor of

safety 8

Beyond 2,000 feet, factor of

safety 7

Raising or lowering of mineral or materials—

Surface to 2,000 feet, factor of

safety . . . . . . 7

Beyond 2,000 feet, factor of

safety . . . . . . 6.5

(5) The following provisions shall apply to all other ropes (except ropes used on endless rope systems) used for the transporting of persons in or about the mine:—

No rope shall be used for such pur­
pose unless a certificate has been

furnished by the manufacturer setting

out

out the date of manufacture, diameter and circumference of the rope in inches, breaking strain of the rope, length of the rope and weight per foot in pounds. A copy of the certificate shall be forwarded to the inspector when a rope is newly put on or a new length of rope put in use, together with the weight of load to be hauled and the weight of maximum length of the rope to be used.

The factor of safety for such a rope when newly put on or for a length of rope newly put on shall be not less than eight.

The factor of safety shall be calcu­ lated by dividing the breaking strain of the rope as given in the manufac­ turer 's certificate by the sum of the maximum load to be hauled.

At least once in every twelve months such rope shall have cut off a piece at least six feet in length from that part of the rope subjected to the greatest strain or wear.

The length so cut off shall be sent to a testing station approved by the chief inspector for a breaking test. A copy of such test shall be forwarded to the inspector.

No such rope shall be used when its

factor of safety has fallen below six.
(6) All ropes to which this
general rule applies shall be treated
with a suitable rope compound at least
once a month, and shall also be
thoroughly examined at least once a
month by cleaning at selected places,
and the person appointed for that pur­
pose shall note the condition of the rope
and record same without delay in a

book to be kept for the purpose.

A

A record of the result of all break­ ing tests required to be done under this general rule shall be kept in a report book.

(7) The Minister, on the recom­ mendation of the chief inspector and for such reasons as appear to him suffi­ cient and upon the written application of the owner, agent or manager of any mine, may grant exemption from the provisions of this general rule in any particular and on such conditions as he considers necessary.

(m) by inserting at the end of general rule thirty- three the words—

The owner, agent or manager of the mine shall, within fourteen days of the installation of any new or second-hand boiler or unfired pressure vessel, notify the inspector of such installation and shall, before such boiler or unfired pressure vessel is put into use at the mine, furnish the inspector with a report on such boiler or unfired pressure vessel on Form No. CB 4 of the Standards Association of Australia Boiler Code.

A copy of the certificate of the last inspection of any such boiler or unfired pressure vessel shall be exhibited in a frame with a clean glass front in some conspicuous position at or near the boiler or unbred pressure vessel where it can

boiler or unbred pressure vessel. be seen by all persons working at or with the

Subject to any exemption in any particular case which the Minister may grant in writing, no boiler inspector shall issue a certificate of fitness under this general rule in respect of any boiler or unfired pressure vessel owned or used by his employer and no boiler inspector who makes, alters, repairs, owns, sells or is interested in the sale of any boiler or unfired pressure vessel, shall issue such a certificate

in

in respect of any such boiler or unfired pressure

vessel.

(n) by inserting next after general rule thirty-five the following new general rule:—

Rule 35A. The manager shall take all practicable steps to ensure that of the persons employed underground a sufficient number shall be the holders of certificates of proficiency in first-aid from a society or body approved by the Minister. The manager may designate any holder of any such certificate as a first-aid man.

As far as practicable at least one of such first-aid men shall be included among the employees in each ventilating district of the mine and in any other part of the mine one of such first-aid men shall be included in each group of thirty persons employed in such part.

A list of first-aid men designated as aforesaid shall be kept posted up in the first-aid room at the surface of the mine.

(o) by omitting general rule thirty-nine and by inserting in lieu thereof the following general rule:—

Rule 39. (1) The majority of the persons

employed in or about a mine may from

time to time appoint in the manner hereinafter provided two of their number or any two persons who are practical miners and one of whom is the holder of at least a third-class certifi­ cate of competency or of service under this Act to inspect the mine at their own cost, and the persons so appointed shall be allowed from time to time on giving reasonable notice to the manager, accompanied, if the owner, agent, or

manager

manager of the mine thinks fit, by him­ self or one or more officers of the mine, to go at any time to every part of the mine, and to inspect the shafts, levels, planes, working-places, return air-ways, ventilating apparatus, old workings, and machinery, and also to examine the plan and section of the mine as provided by section thirty-five of this Act:

Provided that such inspection shall not be conducted so as to impede or obstruct the working of the mine.

Every facility shall be afforded by the owner, agent, and manager, and all persons in the mine for the purpose of the inspection. The persons appointed shall forthwith make a true report of the result of the inspection in a book to be kept at the mine for that purpose or the persons appointed shall send to the manager within seven days of the inspection a true report of the result of the inspection and such report shall be kept on record at the mine. All such reports shall be signed by the persons making the inspection.

The finding on any day of an inspection of any inflammable or noxious gas or the existence of self- heating of coal, strata or other material

from which danger to safety, health or whatsoever or of any other condition	property may be apprehended shall be
recorded in a book to be kept at the mine for the purpose by the persons making the inspection on that day before they leave the mine.
If any report made under this general rule states the existence or apprehended existence of any danger, the owner, agent or manager shall forthwith cause

a

a true copy of the report to be sent
to the inspector of the district.

(2) The persons to inspect shall be appointed by ballot by the majority of the persons employed in or about the mine present at a meeting convened for the purpose by notice signed by not less than five of such persons so employed. Such notice shall be posted in some conspicuous place at the mine for not less than twenty-four hours prior to the time of the meeting. The persons present at such meeting shall elect a chairman, who shall notify the manager of the mine of the result of the ballot.

(3) In the case of any mine in which two persons have not been appointed in accordance with the fore­ going provisions of this general rule and a majority of the employees at which mine are entitled to vote generally in the election of the person holding the office of district check inspector, the person holding such office shall have the same rights and obligations as a check inspector appointed under the provisions of this general rule.

(p)

by inserting next after general rule thirty-nine the following new general rule:—

Rule 39A. Any person being the holder of a competency under this Act who may be appointed by the majority of the persons employed in the mines of the State for the purposes of inspecting the electrical equipment in such mines shall be allowed from time to time on giving reasonable notice to the manager of any mine, accompanied, if the owner, agent, or manager of the mine thinks fit, by himself or one or more officers mine electrician's certificate of

of

of the mine, to go at any time to every part of such mine and. inspect at his own cost all electrical equipment therein:

Provided that such inspection shall not be conducted so as to impede or obstruct the working of the mine.

Every facility shall be afforded by the owner, agent and manager, and all persons in the mine for the purpose of the inspection, and the person so appointed shall forthwith make a true report of the result of the inspection, and that report shall be recorded in a book to be kept in the mine for the purpose, and shall be signed by the person so appointed.

The finding on any day of an inspection of any danger or

apprehended danger shall be so recorded by the person so appointed on that day before he leaves the mine.

If any report under this general rule states the existence or apprehended existence of any danger, the owner agent or manager shall forthwith cause a true copy of the report to be sent to the inspector of the district.

(q) by omitting general rule forty and by inserting in lieu thereof the following general rule:—

Rule 40. No person shall work as a coal- getter or filler or shale-getter or filler or machine operator in or about the face of the workings of a mine and no person shall work in or about the face of the workings of a mine for the purpose of removing coal, shale or stone therefrom unless—- (a) he has been employed or has worked for two years in or about the face of the workings of a mine as a coal-getter or filler or

shale-getter

shale-getter or filler or mine shiftman or machine operator; or

(b) he works in company with a person who has been employed or has worked for two years in or about the face of the workings of a mine as a coal-getter or filler or shale-getter or filler or mine shiftman or machine operator.

In this general rule "mine shiftman" does not include wheelers, locomotive drivers or other persons not engaged in work of timbering or breaking down of coal, shale, or stone in or about the face workings of a mine.

(r) (i) by omitting subparagraphs (c) (d) and (e) of paragraph one of general rule forty-four and by inserting in lieu thereof the follow­ ing subparagraphs:—

(c) the accommodation and facilities for taking baths and changing clothes shall be provided in a build­ ing of sufficient dimensions, effi­ ciently lighted and ventilated and kept in good repair, and while the accommodation is in use the atmos­ phere in the building shall be heated to a temperature of not less than seventy degrees Fahrenreit;

(d) the building shall be constructed of brick or other material approved by the Minister. The walls of the cabinets and bathing section shall be lined with tiles or other material approved by the Minister to a height of at least seven feet. The floor shall be 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

The building shall also be so con­ structed as to permit of the interior being easily cleansed, and to pre­ vent accumulations of dirt.

Every bath and change-house shall have adequate lavatory accommodation installed and con­ nected to a sewerage or septic system of disposal;

(e) the floor space in each of the areas for clean clothes and for dirty clothes, exclusive of any floor space in the portion of the building in which showers are installed and used, shall be not less than ten square feet for each person employed in the largest shift at the mine.

(ii)  by omitting from subparagraph (g) of the same paragraph the word "underground";

(iii)  by omitting subparagraph (m) of the same paragraph and by inserting in lieu thereof the following subparagraph:—

(m)	a responsible adult person or per­ sons shall be appointed by the manager for the purpose of keep­ ing the bath and change-house in a clean condition and the bath and change-house shall be properly cleaned out once at least in every
day on which workmen are em­
ployed at the mine.
The person or persons so ap­ pointed shall on each such day inspect the bath and change-house accommodation and make a full and accurate report in a book kept at the mine stating the result of such inspection and specifying the measures taken to remedy any defect disclosed during the inspec­ tion.

(iv)

(iv) by omitting from paragraph two of the same general rule the words: "o r if the plans and specifications of such bath and change-house were approved by the Minis­ ter before the commencement of the Coal Mines Regulation (Amendment) Act, 1941."

(s) by inserting next after general rule forty-four the following new general rule:—

Rule 45. (1) All horses underground shall, when not at work, be housed in pro­ perly constructed stables, and in stalls of adequate size.

(2) All stables in use shall be separated from any road used for haul­ age of mineral or travelling, and shall be continuously and thoroughly venti­ lated with intake air, cleaned daily and kept in a sanitary condition and all roofs, walls and partitions in any stable shall, unless painted or made of a smooth surface, be limewashed at inter­ vals of not more than twelve months.

(3) A competent person or per­ sons shall be appointed in writing by the manager to have the care of the horses. Any person so appointed is

hereinafter described as "horse-

keeper."

(4) A sufficient supply of whole­ some food and pure water shall be pro­ vided daily for each horse.

(5) A sufficient supply of suitable medicines, ointments and dressings shall be provided and kept readily available for use for such horses.

(6) No horse shall be worked, or
allowed by the horsekeeper, to go out

to

to work in an unfit condition, or im­ properly shod, or otherwise than with harness properly fitting and in good condition. A horse shall not be allowed to work in harness likely to cause pain or injury.

(7) The horsekeeper shall not allow a horse to be worked unless it is free from sores calculated to cause pain.

(8) Cartridges of explosive, not being a permitted explosive, may be used below ground in a safety appliance for destroying horses, and may be taken below ground for that purpose but for no other purpose.

(9) The safety appliance shall be of a type approved by the chief inspector. I t shall be kept in the custody of a competent official appointed in writing by the manager, and used by or under the immediate supervision of that official.

(10) The explosive shall be in cartridges kept in storage under the sole control of the manager or some person appointed in writing by the manager and shall be issued from the place of storage to the official appointed under paragraph nine of this general rule.

(11) Every person to whom cart­ ridges are issued as aforesaid shall, until the cartridges are about to be used, keep them in a suitable case or box provided by the owner and kept securely locked and separate from any other case or box containing explosive and used only for the storage of such cartridges.

(12) Every such safety appliance
shall be cleaned out and examined

immediately

immediately after it has been used, and shall be maintained in efficient and safe working order; and no person shall use below ground any such appliance which is out of order or appears to be defective in any way.

(13) The safety appliance shall only be fired below ground in such circumstances as a shot may be fired in accordance with the provisions of the Fifth Schedule to this Act.

(2) The amendments made by paragraphs (e), (k) and (r) of subsection one of this section shall commence upon such days as are respectively appointed by the Governor and notified by proclamation published in the Gazette.

Any such day so appointed shall not be earlier than the day appointed pursuant to subsection four of section one of this Act.

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

(a) by omitting paragraphs (c), (d) and (e) of sub­ section one of section 54A and by inserting in lieu thereof the following paragraphs:—

(c) the accommodation and facilities for taking baths and changing clothes shall be provided in a building of sufficient dimensions, efficiently lighted and ven­ tilated and kept in good repair, and

while the accommodation is in use the

atmosphere in the building shall be heated to a temperature of not less than seventy degrees Fahrenheit;

(d) the building shall be constructed of brick or other material approved by the Minister. The walls of the cabinets and bathing section shall be lined with tiles or other material approved by the Minister to a height of at least seven feet. The floor shall be

of

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 dirt.

Every bath and change-house shall have adequate lavatory accommodation installed and connected to a sewerage or septic system of disposal;

(e) the floor space in each of the areas for clean clothes and for dirty clothes, exclusive of any floor space in the portion of the building in which showers are installed and used, shall be not less than ten square feet for each person employed in the largest shift at the coke-works.

(b) by omitting paragraph (1) of the same sub­ section and by inserting in lieu thereof the following paragraph:—

(1) a responsible adult person shall be appointed by the manager for the pur­ pose of keeping the bath and change- house in a clean condition and the bath and change-house shall be properly

cleaned out once at least in every day on

which workmen arc employed at the
works..

The person so appointed shall on each such day inspect the bath and change- house accommodation and make a full and accurate report in a book kept at the works stating the result of such inspection and specifying the measures taken to remedy any defect disclosed during the inspection;

(c)

(c) by omitting from subsection two of the same section the words " o r if the plans and specifica­ tions of such bath and change-houses were approved by the Minister before the commence­ ment of the Coal Mines Regulation (Amend­ ment) Act, 1941."

(2) The amendments made by subsection one of this section shall commence upon the day appointed pur­ suant to subsection two of section four of this Act in respect of the amendment made by paragraph (r) of subsection one of section four of this Act.

6. The Principal Act is further amended—

(a) (i) by inserting at the end of subparagraph (iii)'

of paragraph (c) of subsection one of section

56B the words "and the qualifications to be

possessed by and the competency of persons controlling such machinery and the issue of certificates of competency or fitness to such persons";

(ii)   by inserting at the end of the same sub­ section the following new paragraph and subsection:—

(d) prescribing the standards of effective temperatures and air movement or of effective temperatures or air move­ ment to be maintained in any working place in a mine where any person is engaged or passing, the method of determining such standards, and the

conditions under which work may be

performed at such standards by per­ sons engaged in any such working- place.

(1A) Regulations under paragraph (d) of subsection one of this section may provide that in the event of the prescribed standards not being complied with work may be per­ formed in any such working-place subject to such special conditions as may be imposed by such regulations.

(iii)

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

(b) by omitting section 56c;

(c)	by inserting at the end of subsection one of section 79B the following words:—"The Minister accompanied by an inspector may enter, inspect and examine any mine or part of any mine at
any t ime."

7. The Principal Act is further amended—

(a) by omitting from regulation three of the Fifth Schedule the words " I t shall be the duty of any person firing a shot to satisfy himself of the fulfilment of the following requirements" and by inserting in lieu thereof the words " F o r the purpose of preventing a blown out shot it shall be the duty of any person firing a shot to ensure that the following requirements have been observed."

(b) (i) by omitting from paragraph (a) of regula­ tion six of the same Schedule the word

"chief";

(ii)   by inserting after the same paragraph the following new paragraph:—

(al) When explosive has to be taken into	any ventilating district of a mine and
cannot reasonably be distributed to the working places forthwith it shall be stored in secure cases or canisters in a container approved by the inspec­ tor. Such container shall be kept securely locked except when in use and only persons authorised by the manager shall have access to it. The maximum quantity of explosives to be so stored shall not exceed 200 pounds in any ventilating district

unless

unless with the permission of the inspector granted on the application of the manager of the mine.

Explosives shall not be stored in such a container for a period exceed­ ing twenty-four hours.

(c) by omitting from regulation eight of the same Schedule the words: "Provided that the Chief Inspector may authorise the charging, stemming and firing of two or more shots at the one time for the purpose of—

(a) shooting down tops; or

(b) conducting experiments in simultaneous shot-firing," and by inserting in lieu thereof the words—

"Provided that upon the application of the owner, agent or manager of any mine, the Minister on the recommenda­ tion of the Chief Inspector may authorise the charging, stemming and firing of two or more shots at the one time for any purpose in that mine."

(d) by inserting next after regulation eight of the same Schedule the following new regulation:—

8A. Shots shall not be fired by means of delay-action detonators in any mine except by authorisation of the Minister on the recom­

mendation of the Chief Inspector and subject to such conditions as the Minister considers

desirable.

(e) by inserting next after regulation ten of the same Schedule the following new regulation:—

10A. Where a shot-hole has been charged and the shot cannot be fired forthwith, the shot-firer shall not leave the vicinity without fencing off the place and affixing a danger board indicating that the shot has not been fired. A second charge shall not be placed in the same shot-hole.

8. The Principal Act is further amended—

(a)	by omitting from regulation sixty-seven of the Sixth Schedule the word and figures "sixteen (16)" and by inserting in lieu thereof the word and figures "eighteen (18)" ;
(b)	by inserting next after regulation sixty-seven of
the same Schedule the following new

regulation—

67A. He shall see that each locomotive in use above ground, or below ground, is equipped with effective mechanical means of warning persons of the approach of such locomotive.

(c)	by inserting at the end of regulation one hundred and four of the same Schedule the words "and shall not allow a loaded cage to be sent up against a cage containing men" ;
(d)	by omitting regulation one hundred and eighteen of the same Schedule;

(e) (i) by inserting in regulation one hundred and thirty-three of the same Schedule after the word " case " the words " and such authorisation shall be only for the purpose of carrying out operations necessary to comply with this Act and the regulations thereunder."

(ii)	by inserting at the end of the same regula­ tion the words "Except as otherwise pro­	vided for in this Act and the regulations
thereunder no fire shall be lit underground."

9. The Principal Act is further amended—

(a) by omitting regulation twenty of the Seventh Schedule and by inserting in lieu thereof the following regulation:—

20. No blow lamp shall be used in a gassy or dry and dusty place: Provided that where a manager considers the use of a blow lamp essential for the purpose of making joints in or

soldering

soldering cables he may authorise in writing any competent person to use a blow lamp on a non-working shift in any place where a shot may be fired.

No electric or oxy-acetylene welding or cutting apparatus shall be used in a gassy or dry and dusty place and no such apparatus shall be used in any other place below ground except on an intake airway where it is permissible to fire a shot, and not closer than one hundred yards from and on the intake side of the first working or temporary standing place in the ventilating district.

Where any electric or oxy-acetylene welding or cutting apparatus is used below ground in compliance with these regulations, it shall be used only by a person authorised in writing by the manager.

Any authority given under this regulation shall relate only to the specific occasion in respect of which it is so given and shall be duly recorded in a book to be kept at the mine for the purpose.

All work which may be carried out under this regulation shall be carried out by or in the presence of a person who is the registered holder of at least a third-class certificate of competency under this Act and who is in possession of a hearing and eyesight certificate granted under subsection two of section 5A of this Act not more

than three years previously. Such person shall

see that the place where any apparatus is used

pursuant to this regulation is free from inflam­ mable gas and that adequate precautions are taken to prevent danger from fire. He shall see that, on completion of the operations carried out with the use of a blow lamp, electric or oxy- acetylene cutting or welding apparatus, the place is left in a safe condition and shall make a record at the mine stating conditions as to safety during and on the completion of such operations.

A

A generator type of oxy-acetylene plant shall not be used below ground.

(b) by inserting next after regulation thirty-one of the same Schedule the following new regula­ tion :—

31A. Where an electrically operated hand-held boring machine is in use in any isolated work­ ing place two persons shall be in or about the place while the machine is being so used.

(c) by inserting at the end of regulation thirty-seven of the same Schedule the following new para­ graph :—

(c) A test to detect any breakage in the conductors of any trailing cable.

(d) (i) by inserting in regulation forty-one of the

same Schedule after the word " t e s t s " the

word ' ' overhauls ' ' ;

(ii)   by omitting from the same regulation the word and number "and 39" and by inserting in lieu thereof the word and numbers "39

and 4 0 " ;

(e) by omitting from regulation sixty-one of the same Schedule the words "shall comply with the specifications and tests adopted by the Standards Association of Australia and in vogue at the time of purchase of the cable, or otherwise."

(f) by inserting next after regulation sixty-one of

the same Schedule the following new regula­

tion :—

61A. Cables used on coal-loading machines and

other machines that are moved at intervals shall
be of an approved type.

(g) by inserting next after regulation sixty-seven of the same Schedule the following new regula­ tion—

67A. (1) A competent person shall at least once in each working shift inspect the leakage indicators required to be provided by regulation

sixty-seven

sixty-seven of this Schedule and shall record the result of such inspection in a book kept at the mine for the purpose.

(2) All automatic earth leakage protec­ tion equipment shall be provided with means by which tests of its operation may be made.

A competent person shall at least once in each working shift make a test of such equipment and shall record the result of the test in a book kept at the mine for the purpose. Any defect found in the operation of such equipment shall be rectified without delay.

(h) by inserting at the end of regulation eighty-six of the same Schedule the following new paragraph—

(d) Rubber Floor Mats: Rubber floor mats of suitable design and size shall be pro­ vided in the front of and at the back of, switch boards containing exposed live parts when such parts are placed in a position less than seven feet from the floor.

(i)   by inserting at the end of regulation ninety of the same Schedule the words "capable of cutting off the voltage in the event of a break in the earth conductor of any flexible cable between the gate-end junction box connected to the fixed

cables and the boring machine."
(j)	by omitting paragraph ten of regulation ninety- eight of the same Schedule and by inserting in lieu thereof the following paragraph:—

(10) A competent person shall inspect at least once in each working shift all flame-proof enclosures together with their locks or seals, and all cables and connections external to the flame-proof enclosures, including all battery connections. Any loose connections found or any abrasions to cables or other defects ob­ served shall be remedied at once.

The

The person making the inspection shall report the result of his inspection without delay on the approved form kept at the charging or repair station of the mine.

(k) (i) by omitting from paragraph eleven of

the same regulation the words "by

means of which men are t ransported";

(ii)   by inserting at the end of subparagraph (a) of the same paragraph the words ' ' and is at least twenty-one years of age or, in the case of any person who was operating such an electric locomotive immediately before the commencement of the Coal Mines Eegulation (Amendment) Act, 1947, will have attained the age of twenty-one years not later than the first day of July, one thousand nine hundred and forty-nine";

(iii)   by inserting at the end of the same paragraph the following words:—

'.'No person shall be employed as a shunter operating with an electric loco- motive, unless he is at least eighteen years of age."