Coal Mining Acts Amendment Act of 1938 (2 Geo Vi No. 9) (Qld)

MINING. 2 GEO. VI. No. 9, 1938. Coal Mining Acts Amendment Act. 17235 MINING. (1) Coal Mining Acts Amendment Act of 1938 2 Qeo. VI. No. 9 (2) Mines Regulation Acis Amendment Act of 1938 2 Qeo. VI. No. 8 An Act to Amend "The Coal Mining Acts, 1925 to 1928" (as amended by "The Mining Acts Amendment Act of 1930 "), in certain particulars. [ASSENl'ED TO 10TH OCTOBER, 1938.] 2 GEO. VI. No. 9. THE COAL MINING ACTS AMENDMENT ACT OF 1938. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Coal Mining Short title Acts Amendment Act of 1938," and shall be read as one and . with *"The Coal Mining Acts, 1925 to 1928" (as amended constructlOn. by section twenty-five of t" The Mining Acts Amendment Act of 1930 "), herein collectively referred to as the Principal Act. The Principal Act and this Act may collectively be Collective cited as "The Coal Mining Acts, 1925 to 1938." title. Amendments of the Principal Act. 2. Section four of the Principal Act is amended Amendment by adding to the definition of " Inspector" therein the of s. 4. words following, namely :-" the term also includes an [Inspector.] electrical inspector appointed under this Act." 3. Section six of the Principal Act is amended as Amendment follows : - of El. 6. (a) The words" including electrical inspectors" are [Inspectors.] inserted after the words " such inspectors" in the said section. (b) The following new paragraphs are added to the said section, namely :- "Every inspector appointed after the passing of " The Coal Mining Acts Amendment Act of 1938" shall hold a first-class certificate as a mine manager granted under this Act: * 16 Geo. V. No. 30 and amending Act, supra, page 11358 et seq. t 21 Geo. V. No. 32, supra, page 13046.

17236 MINING. Coal Mining Acts Amendment Act. 2 GEO. VI. No. 9, Provided that it shall not be necessary for an electrical inspector to hold a first-class certificate as a mine manager, but any such person so appointed shall be the holder of a degree in electrical engineering from the University of Queensland or the holder of a qualifica- tion from any educational body recognised by the Department of Mines. No person who holds any interest in any mine shall be appointed to be an inspector; and any inspector who holds or acquires any interest in any mine in Queensland shall forthwith vacate his office." New s. 49A. 4. The following new section 49A is inserted after section forty-nine of the Principal Act as follows ; - Mine to be "[49A.] The owner or agent of every coal mine at registered. which mining operations are being carried on at the passing of *"The Coal Mining Acts Amendment Act of 1938 " shall within one month from the passing thereof make application in writing to the warden to have the name of the mine registered. The owner or agent of every coal mine at which mining operations are commenced or recommenced after the passing of *"The Coal Mining Acts Amendment Act of 1938" shall within one month of the commencement or recommencement, as the case may be, of mining operations make application in writing to the warden to have the name of the mine registered. The registered name of any coal mine shall not be altered or added to or in any wise changed without approval in writing of the warden first had and obtained. . On receipt of every notice under this section the warden shall cause particulars thereof to be forwarded to the inspector. The warden may in his discretion and on the recommendation of the inspector approve of the regis- tration of, or the alteration of, or addition to, or change of the name of any coal mine." ~ e~ ~ent 5. Subsection four of section fifty-one of the o s. (4). Principal Act is repealed and the following new subsection is inserted in lieu thereof, namely ;- [Certificated " (4.) (a) At every coal mine in which more than managers.] twenty men are ordinarily employed be I ow groun d d uring any shift there shall be appointed a manager who shall be the holder of a first-class mine manager's certificate. * This Act.

MINING. 17237 1938. Coal Mining Acts Amendment Act. (b) At every coal mine in which more than eight persons and not more than twenty persons are ordinarily employed below ground during any shift there shall be appointed a manager who shall be the holder of a second- class mine manager's certificate or a higher certificate jssued under this Act. (c) At every coal mine in which not more than eight persons are ordinarily employed below ground during any shift there shall be appointed a manager who shall be the holder of a deputy's certificate or a higher certificate issued under this Act. (d) Notwithstanding the provisions of this section, the Minister may direct that the manager in any particular mine or particular class of mine in which the number of men ordinarily employed below ground is not more than twenty, shall be the holder of a first-class mine manager's certificate or of a second-class mine manager's certificate or of a permit from the Board of Examiners; such permit, which may be issued on such conditions as the Board thinks fit, shall be deemed to be a certificate for the purposes of this section and shall remain in force for twelve months but may be renewed at the option of such Board." 6. Subsection one of section fifty-seven is amended Amendment by adding after the words- of s. 57 (1). " Certificates as mine electricians" the words- " Certificates as mine surveyors." 7. The following new sections are inserted after New Sf!. 57D. section 570 of the Principal Act, namely- 57E,and5711'. "[57D.] A mine surveyor's certificate shall entitle Mine the holde • r thereof to make surveys and plans in or about scuerrtvifiecyaoret'f!t 0 .a coal mIne. entitle holder to make surveys, &0. [57E.] A mine surveyor's certificate shall be granted Grant of by the Board of Examiners to every person who is allowed mine . , to sit for examination who satisfies the Board's require- ~: : ilk~~ : ' ments at the examination and otherwise complies with the provisions of this Act and rules made thereunder. [57F.] A certificate of service may be granted by Gr~t of the Board of Examiners to any person who has been ~1r;! ~~: . employed as mine surveyor, and who has had the necessary training and has made mine surveys and plans

17238 MINING. Coal Mining Acts Amendment Act. 2 GEO. VI. No. 9, during a period of at least two years prior to the passing of *"The Goal Mining Acts Amendment Act of 1938" and has otherwise satisfied the requirements of the Board: Provided that no certificate of service shall be granted by the Board after a period of twelve months has elapsed from the date of the passing of *"The Goal Mining Acts Amendment Act of 1938." " oAfms. en7d0m( Ie) n.t by a 8 d . dSinegctioton sesuvbesnetyctioofnthoenPerinthceipreaol fActht eis faomlleonwdiendg proviso, namely :- [Miners' " Provided that when two miners' check inspectors inspectors.] have been appointed under the provisions of section 70A of this Act, the power to appoint miners' inspectors shall not be exercised." New s. 70A. 9. The following new section 70A is inserted after section seventy of the Principal Act as follows : - Miners' check inspectors. "[70A.] At any time after the passing of *"The Goal Mining Acts Amendment Act of 1938" it shall be competent for the Queensland Colliery Employees' Union of Employees by ballot of the members from time to time to appoint two miners' check inspectors, each of whom shall be the holder of a deputy's certificate or a higher grade certificate under this Act. All the provisions of this Act relating to the powers, privileges, duties, and remuneration of miners' inspectors shall be applicable to such miners' check inspectors, provided that such powers, privileges, and duties of such miners' check inspectors shall not be limited to any particular mine but shall extend to all mines or any mine in Queensland. If at any time the position of a miners' check inspector becomes vacant from any cause, a new appointment shall be made by ballot as aforesaid: Provided that the Minister may at any time terminate any such appointment of any miners' check inspector if in his opinion such inspector is not carrying ont his duties in a satisfactory manner." . Amendment 10.. Section seventy-nine. of the Principal Act is of s. 79 (3). amended as follows : - (a) In subsection three the words" passed the fifth standard at school and has also" are repealed. * This Act.

MINING. 17239 1938. Coal Mining Acts Amendment Act. sai d s (b e ) ctiTohne, nfaomlloewlyin: g- new subsection is added to the sNuebwsection 6. " (6.) When a stopping is being erected to block off gas or fire the manager shall see that due warning of the likelihood of danger is given to all workmen employed on such work, and at no time shall less than two workmen be employed on such work." 11. The first paragraph of subsection one of section Amendment eighty-six is repealed and a new subsection one is inserted of s. 86 (1). in lieu thereof, namely:- "(1.) The owner, agent, or manager of every coal[ pla~ s to be mine shall keep at the office at the mine accurate plans furnIBhed.] ofthe workings, made from actual survey by an authorised surveyor or by the holder of a mine surveyor's certificate issued under the authority of this Act, showing the underground workings effected within the last preceding three months." 12. Section ninety of the Principal Act is amended Amendment as follows :_ of s. 90. (a) The following proviso is added to subsection two as follows :-- " Provided that the Minister in any particular mine or class of mines may direct that such mine or class of mines shall be exempt from this subsection." (b) Subsection three is repealed. (c) Subsections four, five, and six are repealed and the following new subsections four, five, and six are jnserted in lieu thereof, namely:- " (4.) Where two separate openings to the surface are required by this Act, proper apparatus for raising and lowering men shall be installed and kept ready for immediate use at each such opening. This subsection does not apply to any opening by which persons can walk into or out of the mine or in the case of a vertical shaft where properly constructed ladderways are provided in accordance with rule twenty-three of the Second Schedule to this Act. (5.) Where apparatus is provided at any coal mine in compliance with this section, it shall not be deemed to be proper apparatus within the meaning of this Act unless in the opinion of the inspector it would suffice

17240 MINING. Mines Regulation Acts Amendment Act. 2 GEO. VI. No. 8, as a means of· ingress or egress for all persons in the mine on any working day and as an adequate means of egress in case of emergency, and until he has certified to that effect in the record book. (6.) Where there are a downcast shaft and upcast shaft to the same seam both such shafts shall be provided with apparatus for raising and lowering persons, and every person employed in the mine shall on giving reasonable notice have the option of using the downcast shaft." 2 N GE o O . . 8 V . I. An Act to Amend U The Mines Regulation Acts, 1910 THE MINES REGULATION to 1916" (as amended by subsequent Acts) ACTS AMENDMENT ACT OF 1938. In certain particulars. [ASSENTED TO 10TH OCTOBER, 1938.] B E it enacted by the King's !fost Excellent Majesty, by and with the advice and consenlt of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. (l.) This Act may be cited as "The Mines : ~ ! truction. Regulation Acts Amendment Act of 1938." *" The Mines Regulation Acts, 1910 to 1916" (as amended by t" The Mining Acts Amendment Act of 1920," t" The Mining Acts Amendment Act of 1920, No. 2," §" The Coal Mining Act of 1925," 11" The Mining Acts Amendment Act of 1930," and Rules made pursuant to *" The Mines Regulation Acts, 1910 to 1916") are herein collectively referred to as the Principal Act. Collective (2.) The Principal Act and this Act may collectively title. be cited as "The Mines Regulation Acts, 1910 to 1938." * 1 Geo. V. No. 24 and amending Acts, 8upra, pages 8077 et 8eq. t 10 Geo. V. No. 27, 8upra, page 9237. :j: 11 Geo. V. No. 9, 8upra, page 9598. § 16 Geo. V. No. 30, 8upra, page 11358. 11 21 Geo. V. No. 32, 8upra, page 13046.