Mines and Works Inspection Regulations 1965 (SA)

SOUTH AUSTRALIA

MINES AND WORKS INSPECTION REGULATIONS, 1965

REGULATIONS UNDER THE MINES AND WORKS INSPECTION ACT, 1920

Mines and Works Inspection Regulations, 1965

being

Gaz. 19 August 1965, p. 4771

as varied by

Gaz. 2 November 1967, p. 1975

Gaz. 3 October 1968, p. 1071

Gaz. 30 September 1971, p. 1232

Gaz. 24 May 1973, p. 2198

Gaz. 6 June 1974, p. 2221

No. 5 of 1979: Gaz. 18 January 1979, p. 107

No. 53 of 1984: Gaz. 12 April 1984, p. 906

No. 239 of 1987: Gaz. 15 October 1987, p. 11372

No. 110 of 1988: Gaz. 30 June 1988, p. 20673

No. 121 of 1989: Gaz. 29 June 1989, p. 18034

No. 107 of 1990: Gaz. 28 June 1990, p. 17255

No. 128 of 1991: Gaz. 27 June 1991, p. 22296

No. 124 of 1992: Gaz. 25 June 1992, p. 19767

No. 120 of 1993: Gaz. 24 June 1993, p. 20598

No. 81 of 1996: Gaz. 30 May 1996, p. 26519

1 Came into operation 1 January 1966: reg. 2.

2 Came into operation 1 November 1987: reg. 2.

3 Came into operation 1 July 1988: reg. 2.

4 Came into operation 1 July 1989: reg. 2.

5 Came into operation 1 July 1990: reg. 2.

6 Came into operation 1 July 1991: reg. 2.

7 Came into operation 1 July 1992: reg. 2.

8 Came into operation 1 July 1993: reg. 2.

9 Came into operation 1 July 1996: reg. 2.

Short Title

1. These regulations may be referred to as the Mines and Works Inspection Regulations,

1965.

Commencement

2. These regulations shall come into operation on the first day of January, 1966.

Parts of Regulations

3. These regulations shall be divided into the following Parts:—

Part I—Mines (Division 1—General; Division 2—Sanitation and Hygiene; Division 3—Ventilation and Control of Dust and Fumes; Division 4—Safety and Protection; Division 5—Winding and Signals; Division 6—Explosives; Division 7—Ladders and Travelling Ways; Division 8—Internal-Combustion Engines Underground; Division 9—Underground Locomotives; Division 10—Use of Electricity; Division 11—Managers’ Certificates and Permits; Division 12—Miners’ Inspectors).

Part II—Quarries (Division 1—General; Division 2—Sanitation and Hygiene; Division 3—Ventilation and Control of Dust and Fumes; Division 4—Safety and Protection; Division 5—Explosives; Division 6—Use of Electricity; Division 7—Managers’ Certificates and Permits; Division 8—Workmen’s Inspectors).

Part III—Smelters (Division 1—General; Division 2—Sanitation and Hygiene; Division 3—Ventilation and Control of Dust and Fumes; Division 4—Safety and Protection; Division 5—Explosives; Division 6—Prevention of Lead and Gas Poisoning; Division 7—Use of Electricity; Division 8—Managers’ Certificates and Permits; Division 9—Workmen’s Inspectors).

4. All regulations previously in force made under and pursuant to the Mines and Works Inspection Act, 1920-1964, are hereby revoked as from the day on which the Mines and Works Inspection Regulations, 1966, come into force.

PART I MINES

DIVISION 1—GENERAL

Interpretation

5. In this Part unless the context otherwise requires or some other meaning is clearly

intended—

"the Act" means the Mines and Works Inspection Act, 1920-1964:

"authorised person" means a person authorised pursuant to section 7 of the Act to inspect a

mine:

"high explosive" means an explosive which is not effective unless fired by a detonator:

"inspector" means the Chief Inspector of Mines and any inspector of mines appointed under

the Act:

"machinery" means steam or other engines, boilers, furnaces, air receivers, stampers or other crushing apparatus, ore reduction or concentrating or treatment plants, winding or pumping gear, trucks, tramways, whims, whips, windlasses, and includes all chains, straps, bands, belts, wires, ropes, cables, tackle, blocks, tools and all appliances of whatsoever kind used in or about or in connection with a mine:

"manager" means a person for the time being having the immediate charge or direction of

the mining operations on a mine:

"mine" means (1) any place in, on, or under which underground mining has been or is being

carried on and (2) works:

"mining" means—

(a)	by underground methods prospecting for, obtaining or collecting; and
(b)	treating

any metal, mineral, coal, guano, precious stones, salt, gypsum, or shale, but does not include the making of geological or geophysical surveys; and "to mine" has a corresponding meaning:

"owner" means any person who, either in his own name and on his own account, or jointly, or jointly and severally, or concurrently with any other person or persons, is the immediate proprietor or lessee or occupier of a mine or any part thereof, but does not include a person—

(a)	who merely receives a royalty, rent, or fine from a mine; or
(b)	who is merely the proprietor of a mine which is subject to a lease, grant, or licence for the working thereof; or
(c)	who is merely the owner of the soil and not interested directly or indirectly in the products of the mine:

"works" means any battery, crushing plant, ore concentrating works, cyanide or chlorination works, leaching plant, or other works wherein operations are carried on for the treatment of the products of mining:

"contractor" includes tributer:

"the Minister" means the Minister of Mines.

Exemptions

6. If the Chief Inspector is satisfied that compliance with a provision of this Part is unnecessary, impractical, or undesirable in any particular circumstances, or that a satisfactory alternative procedure, action, or installation will be adopted, taken or installed, he may, in his discretion, exempt any person or class of persons from the duty to comply with that provision.

Any such exemption may be granted subject to any conditions and limitations which the Chief Inspector deems necessary.

The Chief Inspector may cancel any such exemption, if any condition thereof is contravened or not complied with, or if he is satisfied that the circumstances under which the exemption was granted have altered.

7. (1) The duties and responsibilities created and defined by the regulations and subregulations set forth in Column 1 of the Schedule to this regulation shall be performed and discharged according to their tenor as hereinafter provided in this regulation.

(2) Subject to regulation 21, the person whose respective titles or descriptions appear in Column 2 of the Schedule shall perform and discharge, or (as the case may require) ensure the performance and discharge of, the duties and responsibilities created and defined by those regulations and subregulations opposite which the titles or descriptions respectively appear in all respects according to the tenor thereof: Provided that where the title or description "Contractor" appears in Column 2 of the Schedule, the provisions of this subregulation and of subregulation (3) shall with respect to a contractor apply to the extent only that the duties or responsibilities created and defined by the regulation or subregulation appearing in Column 1 opposite such title or description touch and concern that part, or those parts, of the mine and those persons to which or to whom a contractor’s power and authority extends.

(3) Where the titles or descriptions of two or more persons appear opposite any regulation or subregulation in Column 1 of the Schedule, subregulation (2) of this regulation shall apply to those persons jointly and severally.

(4) Where the performance or discharge, or (as the case may require) the ensuring of the performance or discharge, of a duty or responsibility created and defined by these regulations is, in any particular case, delegated by a person or persons specified by Column 2 of the said Schedule, such delegation shall not, in any respect excuse non-compliance with the provisions of subregulation (2) and subregulation (3) of this regulation.

(5) Where there has been a contravention of, or failure to observe, or perform, or comply with, any regulation or subregulation set forth in Column 1 of the Schedule, the person or persons required to perform or discharge, or to ensure the performance or discharge of the duty or responsibility created and defined by the regulation or subregulation, shall be guilty, or (as the case may be) jointly and severally guilty, of an offence.

(6) (i) Where an act or default committed by some person, other than an owner, manager or contractor, constitutes a contravention of, or failure to observe, or perform, or comply with, any regulation, such person shall be guilty of an offence against that regulation, whether or not an owner, manager, or contractor is also, by virtue of subregulation (5), guilty of an offence against the same regulation.

(ii) An owner or manager who knowingly suffers or permits a contractor to commit an offence against the regulations of this Part shall be guilty of the same offence as that committed by the contractor.

(7) Nothing in the regulations of this Part shall take away or restrict any liability of any person, whether under the Justices Act, 1921-1960, or at common law, for aiding, abetting, counselling, procuring or otherwise being a party to the commission of an offence.

(8) The words "owner" "manager" and "contractor" (or any one or two of them), appearing in square brackets after the regulations or subregulations whose numbers appear in the left hand column of the Schedule, are placed there for the purpose of convenient reference only, and do not form part of the regulations of this Part.

(9) Where any regulation in this Part refers to the number of persons working in a mine, the number of those persons, for the purpose of each such regulation, shall be computed by excluding the owner but including the manager or contractor or both (as the case may require) if working therein.

SCHEDULE TO REGULATION 7

Number of Regulation or Title or Description of Person or Persons

Subregulation

10(1) (3). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
10(5). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 11(1) (2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager
Owner, manager

12	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
13	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
14	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
15	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
16	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor

17(2) (3) (6) .. .. .. .. .. .. .. .. .. .. .. .. .. . Owner

20	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
22	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
23	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
24	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
25	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor

27. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 28(a) to (e) .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner, manager, contractor
Owner

28(f) to (h) .. .. .. .. .. .. .. .. .. .. .. .. .. .. Owner, manager, contractor

30 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Owner, manager, contractor

31(1)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner
31(2)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner, manager, contractor
31(3)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Manager, contractor

32	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
33	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
34	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner

35(1)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner
35(2)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Manager, contractor

37	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
38	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor

39(1)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner
39(2)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Manager, contractor

40	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager
41	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner

42(1)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner
42(2)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Manager, contractor

43	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
44	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
45	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
46	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
47	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
48	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
49	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
50	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
51	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
52	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
53	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
54	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor

55(1) (3) (4) .. .. .. .. .. .. .. .. .. .. .. .. .. . Manager, contractor

55(2) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Owner, manager, contractor

56 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Owner, manager, contractor

57. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 58(1) (2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
Owner, manager, contractor

58(3) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Manager, contractor

59	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
60	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor

61(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 61(2) (3). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
Owner

62	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
63	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
64	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
65	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
66	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
67	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
68	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
69	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
70	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
71	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
72	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
73	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
74	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
75	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
76	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
77	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
78	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
79	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
80	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
81	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
82	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
83	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
84	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
85	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor

86(1)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner
86(2)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Manager, contractor
86(3)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner, manager, contractor

87	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
88	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
89	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
90	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
91	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor

92. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 93(1) (2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
Owner, manager, contractor

93(4) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Owner, manager, contractor

94	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
95	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
96	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
97	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
98	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
99	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
100	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
102	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
103	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
104	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor

105(1)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner, manager, contractor
105(2)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Manager, contractor

106	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
107	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
108	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
109	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
110	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
111	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
112	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
113	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
114	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
115	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
116	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
117	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
118	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor

119(1) (2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
119(3). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 121(1) (4). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
Owner, manager, contractor
121(5) (6). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
122(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 122(2) (3). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
Manager, contractor
123. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 124(a) (b) (c) .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
Manager, contractor

125(1), (2), (3), (5), (6), (7), (8), (9 ), (10), (11), (12) Manager, contractor

125(4) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Owner

126	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
127	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
128	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
129	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
130	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
131	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor

132. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 136(1), (2), (3), (5), (6), (7), (8), (9), (10), (11) Manager, contractor

.. . Manager, contractor

136(4). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 137(1)(a) (b) (d) .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
Owner

137(1)(c) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Owner, manager, contractor

137(2), (3), (4) .. .. .. .. .. .. .. .. .. .. .. .. .. Manager, contractor

138(1) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Owner, manager, contractor

138(2), (3), (4), (5) .. .. .. .. .. .. .. .. .. .. .. . Manager, contractor

139	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
140	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
141	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
142	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
143	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
144	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor

145(1), (5), (7) .. .. .. .. .. .. .. .. .. .. .. .. .. Owner, manager, contractor

146(1) (2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Manager, contractor

147(1), (2), (4), (7) .. .. .. .. .. .. .. .. .. .. .. . Owner, manager, contractor

147(3), (5), (6) .. .. .. .. .. .. .. .. .. .. .. .. .. Manager, contractor

148	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
149	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
150	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor

151. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 153(1) (6). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
Owner, manager, contractor

153(4) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Manager, contractor

155. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 156(1) (2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
Manager, contractor

157(a) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Owner, manager, contractor

157(b) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 157(1)(c) (d) .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner
Owner, manager, contractor

157(2) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Manager, contractor

158	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
159	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
160	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
161	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
162	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
166	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
167	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
168	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
169	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
170	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner

171(1)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Owner
171(2)	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	Manager, contractor

172	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
173	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
174	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
175	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
176	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
177	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner

178. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 179(1) (2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
Owner

179(3) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Manager, contractor

180	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
181	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
182	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
183	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
184	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
185	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
186	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
187	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
188	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
189	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
190	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
191	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
192	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
193	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
194	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
195	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
196	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
197	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
198	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
199	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
200	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
201	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
202	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
203	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
204	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
205	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor
207	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Manager, contractor
222	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner, manager, contractor

226(2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 226(4) (6). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Owner
Manager, contractor

Penalty

8. The penalty for a breach of any provision of these regulations shall be a fine not exceeding one thousand dollars.

Summary Procedure

9. Proceedings for offences against these regulations shall be taken and determined in a

summary way.

Appointment of Manager

10. (1) No more than nine persons shall work in a mine in any period of 24 hours unless—

(a)	the owner has appointed a person holding a certificate as required by Division 11 of this Part to be the manager of the mine; and
(b)	the owner has given to the Chief Inspector a written notice stating the name and address of the manager so appointed and particulars of the certificate held by him; and
(c)	the manager so appointed is (except in the case of his temporary absence) supervising the working of the mine. [Owner]

(2) The Chief Inspector may at any time by written notice to the owner of any mine, irrespective of the number of persons employed thereat, require him to appoint a manager holding a certificate or permit issued under Division 11 of this Part.

(3) Where a notice under the previous subregulation has been given to an owner, no work shall be done in the mine unless—

(a)	the owner has appointed a person holding a certificate or permit as required by Division 11 of this Part to be the manager of the mine; and
(b)	the owner has given to the Chief Inspector a written notice of the name and address of the manager so appointed and the particulars of the certificate or permit held by him; and
(c)	the manager so appointed is (except in the case of his temporary absence) supervising the working of the mine. [Owner]

(4) Where an individual person is the owner, or one of the co-owners of a mine, and holds a certificate or permit as required by these regulations, he may appoint himself, or join in appointing himself, as manager of that mine.

(5) No person shall accept appointment or act as manager of more than one mine.

[Owner, manager]

(6) If no manager has been appointed for a time, the owner, or, if the mine is jointly owned, each of the owners shall, without affecting his duties or responsibilities as owner, be deemed to be the manager of the mine within the meaning of all provisions of these regulations which impose duties or responsibilities on the manager.

(7) What may be "temporary absence" within the meaning of this regulation shall depend on all the circumstances of the case, but shall in no case exceed forty-eight hours.

Temporary Manager

11. (1) Whenever the manager is absent from the mine for any length of time while it is

working, the owner, or some person authorised by him in writing, shall appoint a competent person

to act as temporary manager during the absence of the manager. [Owner, manager]

(2) If the manager is absent or intends to be absent for seven days or more, the owner shall as soon as practicable give to the Chief Inspector written notice of the appointment of a temporary manager specifying the name, address and certificate or permit of the person appointed and the period (if any) for which he is appointed. [Owner, manager]

(3) Where by these regulations a duty or responsibility is imposed on the manager, the same duty or responsibility shall be deemed to be imposed on a temporary manager whilst acting as such.

Appointment of Agents by Owners

12. (1) Where the owner is a person whose usual residence, or whose place of incorporation, is outside the State, the mine shall not be worked unless—

(a)	the owner has appointed a natural person ordinarily resident in the State, or a company incorporated in the State, or a company registered in the State as a foreign company, to be his or its agent; and
(b)	notice in writing of such appointment has been given to the Chief Inspector; and
(c)	such appointment is still in force.

(2) Any process or notice required or permitted to be served on the owner shall be

sufficiently served if delivered by post or otherwise to the agent appointed by the owner under this

regulation at his place of business or his usual or last known place of residence. [Owner]

Commencement and Cessation of Mining

13. (1) The owner of a mine shall, within three days from and after the commencement of work, or his assumption of ownership in the case of a working mine, send notice in writing to the Chief Inspector setting out—

(a)	the full name and address of the owner and the name and address of the manager of the mine and particulars of the certificate or permit held by him;
(b)	the situation of the mine;
(c)	the mineral or other substance being mined, or worked; and
(d)	the estimated number of persons to be employed at the mine.

(2) The owner shall, within three days from and after the cessation of work at the mine, and three days from and after the recommencement of work after any such cessation, send notice in writing to the Chief Inspector of such cessation or re-commencement.

(3) In this regulation "cessation of work" does not include a cessation for holidays, repairs or on account of strikes or other industrial troubles. [Owner]

Inspection Record Books

14. (1) The owner shall in all respects in accordance with these regulations keep, at the office on the mine, books to be labelled respectively the "Inspection Record Book", and the "Machinery Record Book".

(2) The information recorded in the said books shall be accurate and shall include all relevant dates and times.

(3) The entries in the said books shall be written clearly and legibly in ink.

(4) The owner, the manager and all persons having custody and control of either of the said books shall on demand by an inspector produce it to him for inspection and perusal, and the inspector may make entries and give written instructions in such books.

(5) Where an owner or manager is charged with an offence against any of these regulations, he shall produce the said books at the hearing of the charge.

[Owner, manager, contractor]

Periodical Inspections

15. (1) (a) Once at least in each working day the mine shall be examined by the manager or a competent person to ascertain the state of all safety appliances, winding ropes, gear connected with cages or shafts, and places where mining excavations are being made; and

(b) once in each week the buildings, machinery, equipment, appliances, apparatus, shafts, levels and all places used in the working of the mine shall be examined by the manager or a competent person.

(2) The person making such an inspection shall record in writing in the Inspection Record Book his opinion as to the condition and safety of the things examined and whether any alterations or repairs are necessary or desirable in the interests of safety; and if the inspection is made by a person other than the manager, that person shall, after making the entries forthwith inform the manager that the entries in the said book have been made, and the said entries shall thereupon be signed by the manager. [Manager, contractor]

Duty to Exhibit Regulations

16. A legible copy of these regulations, or a poster containing such of these regulations as

the Chief Inspector deems it necessary to exhibit, shall be kept posted in a conspicuous position on

the mine. [Owner, manager, contractor]

Duty to Furnish Plans

17. (1) Any inspector may, by a notice in writing addressed to the owner, order that accurate plans, or sections, or plans and sections, of the workings of the mine be made, and copies thereof delivered to the office of the Chief Inspector, not later than a day specified in the notice.

(2) The owner to whom such a notice has been given shall—

(a)	cause plans or sections or both to be prepared in accordance with the notice; and
(b)	deliver copies thereof in accordance with the notice; and
(c)	keep the original plans or sections or both, as the case may be, or correct copies thereof at the mine office. [Owner]

(3) When any plans, sections or both have been prepared under this regulation, the owner shall at intervals of not more than six months and also immediately before the abandonment of the mine cause all alterations of and additions to the workings of the mine to be correctly delineated on the original plans and sections, and on any copies kept at the mine office, and shall deposit a copy of any such alterations or additions at the Chief Inspector’s office. [Owner]

(4) If the owner fails to deliver any plan or section as required by this regulation, the Minister may cause such plan or section to be prepared, and for that purpose may cause a survey of the mine to be made, and the cost of such plan or section and survey shall thereupon become a debt owed by the owner to the Minister, and be recoverable as such in a Local Court of competent jurisdiction.

(5) If the Chief Inspector has reason to believe that any plan or section furnished under this regulation is incorrect or incomplete, the Minister may cause a check survey to be made of the workings of the mine. If the check survey proves the plan or section to be incorrect or incomplete, the cost of the check survey shall thereupon become a debt owed by the owner to the Minister.

(6) All plans and sections prepared under this regulation shall be drawn to a scale of not less than forty and not more than one hundred feet to one inch. [Owner]

Inspection of Plans

18. (1) Any inspector or authorised person may, with or without assistants, inspect and examine any plans and sections of a mine kept at the mine.

(2) Any person having in his possession or in his custody and control any such plans and sections shall upon the request of any inspector or authorised person produce them to such inspector or person for his examination.

Complaints

19. If a person working in a mine gives information to an inspector from which it

appears to the inspector that a breach of the Act or of these regulations (other than a trivial breach) may have occurred, the inspector shall make or cause to be made an investigation into the matter so alleged.

Inspections

20. The manager shall forthwith on the request of an authorised person desiring to inspect a mine pursuant to the Act or these regulations—

(a)	cause such person to be lowered into and raised from the shaft or workings;
(b)	give such person access to all parts of the mine and all plant and machinery thereat;
(c)	do all things necessary to enable the inspection to be made. [Manager, contractor]

Duty of Owners to Provide Material and Equipment

21. (1) (a) Except where these regulations expressly provide otherwise, the owner shall provide and install all such material and equipment as is necessary to enable these regulations to be complied with.

(b) Where a contractor is operating in a mine, he shall, except where these regulations

expressly provide otherwise, be under the same duties to provide and install material and equipment as the owner in that part, or those parts, of the mine, and to or for those persons to which or to whom the contractor’s power and authority extends.

(2) The fact that these regulations mention specific cases in which the owner is required to provide material or equipment shall not be deemed to restrict the general duty imposed on owners by this regulation.

(3) In this regulation, "equipment" includes machinery, plant appliances, tools, materials and articles of all kinds.

Reports of Accidents

22. (1) Where at or in a mine an accident occurs as the result of which any person suffers injury likely to cause him to be absent from work on three or more working days, or is killed, a written report shall, within twenty-four hours after the accident, be sent to the Chief Inspector stating the nature of the accident and the number of persons killed and persons injured.

(2) Where an accident has been reported under this regulation and a person subsequently dies as the result of the accident, a report shall be sent in writing to the Chief Inspector within twenty-four hours after the death becomes known to the manager.

(3) If an accident report form has been supplied by the Chief Inspector to the owner, manager or contractor, the said report shall be furnished on the form, but if no form has been so supplied, the report shall contain all such particulars as are necessary for giving reasonable information as to the nature and cause of the accident (including the number of persons killed or injured or both). [Manager, contractor]

Interference with Wreckage at Accidents

23. (1) When a fatal accident or an accident arising out of the use of explosives or of winding equipment occurs, no person shall, except with the consent of an Inspector or for the purpose of saving human life or relieving human suffering—

(a)	move, interfere with, destroy or carry away any wreckage, article or thing at the place of or connected with the accident; or
(b)	interfere with or alter the state and condition of any hole, shaft, tunnel or excavation at the place of or connected with the accident.

(2) In giving consent under the previous subregulation the Inspector may impose any conditions or restrictions he thinks fit.

(3) Any person who knowingly contravenes, or fails to comply with, this regulation or any

condition or restriction imposed under subregulation (2) of this regulation shall be guilty of an

offence. [Manager, contractor]

Statistical Returns

24. (1) Except as provided in subregulation (2) of this regulation the owner of a mine shall in the months of January and July in each year furnish to the Mining Warden a full and true return, showing—

(a)

the quantity of stone or ore treated, and the quantity of metals, precious stones, minerals, shale, coal, salt or gypsum taken from such mine during the preceding half year;

(b)

particulars of the working expenses incurred in and the gross proceeds received from the occupation and working of the mine, the sale of all stone, ores, metals, minerals, precious stones, coal, shale, salt or gypsum won therefrom and on hand at the end of the preceding half-year, the number of men, horses and horsepower of machinery employed or used thereon, and the nature and value of all machinery and plant thereon.

(2) The holder of a claim (not being an alluvial claim) or of a mining lease, who is required to furnish returns relating to the mine of which he is the owner under section 113 of the Mining Act, 1930-1962, shall not be required to furnish returns under this regulation with respect to that mine.

DIVISION 2—SANITATION AND HYGIENE

First-Aid Requirements

25. (1) Where more than nine men are working on or in a mine in any one shift—

(a)	a person trained in first-aid to the injured shall, at all times during working hours, be on the mine and ready to attend to sick or injured persons; and
(b)	there shall be provided and maintained in good condition a room for affording first-aid to sick or injured persons; and
(c)	there shall be kept at the mine a motor vehicle capable of transporting a sick or injured person in reasonable comfort and readily available for that purpose at any time; and
(d)	there shall be kept in the first-aid room an adequate supply of splints, bandages, and other requirements, for first-aid to the sick or injured, and in the case of an underground mine, sufficient oxygen gas for the treatment of persons suffering from fumes of explosives or other noxious gases, and appliances for the administration of such oxygen gas and instructions for the use of such appliances.

(2) So long as any men (irrespective of the number thereof) are working on or in a mine there shall be kept at the mine an adequate supply of splints, bandages, and other reasonable requirements for first-aid to the sick or injured, sufficient for the number of men working on or in a mine. [Owner, manager, contractor]

Use of Rubbish for Filling

26. No person shall for any purpose place in a mine (whether in use or abandoned) any debris, refuse, or other material likely to be injurious to the health of human beings, or to endanger the life or limb of any human being.

Mines to be Clean and Free from Vermin

27. A mine is at all times to be kept clean and sanitary and free from vermin.

[Owner, manager, contractor]

Sanitary Convenience

28. The following requirements shall at all times be complied with in respect of privies on a mine for the use of persons working at or in the mine:—

(a)	There shall be one privy on the surface for each twenty men working there at any one time, and an additional privy for any fractional part of twenty men so working; such privies shall be near the working place. [Owner]
(b)	There shall be one privy underground for each twenty men working there at any one time, and an additional privy for any fractional part of twenty men so working.

[Owner]

(c)	If a level is not provided with facilities for communication by cage or bucket with the surface or some other level where a privy is situated, there shall be on that level one privy for each twenty men working there at any one time and an additional privy for any fractional part of twenty men so working. [Owner]
(d)	Every privy shall have a floor of concrete or other hard and impervious material.

[Owner]

(e) Where a pan is used in a privy, it shall be furnished with a stool. [Owner]

(f)	Every pan shall be emptied, thoroughly cleaned and washed inside and outside and disinfected at least once a week. [Owner, manager, contractor]
(g)	Every privy shall be adequately ventilated, screened from observation and, where possible, placed in a return airway and kept in a clean and hygienic condition.

[Owner, manager, contractor]

(h) Where a pan is used an adequate supply of deodorant and disinfectant shall be kept at each privy with a scoop for application. [Owner, manager, contractor]

Pollution of Workings

29. No person shall pollute the workings of a mine or foul or misuse any sanitary

convenience thereon.

Water

30. (1) The floor of every level which is in use shall be efficiently drained so as to remove

the water into sumps.

(2) Where water is being drained from a winze, other parts shall be so ventilated that the air therein does not become a danger to health by reason of noxious gases from such water.

[Manager, contractor]

Underground Crib Places

31. (1) At least one crib place on each working level of the mine shall be provided and each of the following requirements as regards every crib place shall be complied with:—

(a)	A crib place shall be in a dry and comfortable position:
(b)	A crib place shall be provided with a table and with chairs, seats, or benches for the men, boiling water, or effective means of boiling water, and a metal rubbish box with well-fitting cover for waste food and rubbish:
(c)	There shall be a supply of washing-water within fifty feet of a crib place. [Owner]

(2) Each crib place shall be kept clean and tidy and the rubbish box shall be emptied whenever necessary and cleaned at least once a week. [Owner, manager, contractor]

(3) No person shall—

(a)	take a meal in an underground part of a mine elsewhere than in a crib place provided for the purpose;
(b)	deposit waste food or other rubbish in an underground part of a mine elsewhere than in a rubbish box. [Manager, contractor]

Drinking Water

32. There shall be provided on the surface and on each level of the mine which is being

worked a supply of wholesome drinking water sufficient for the men working on such surface or

level. [Owner]

Removal of Waste Timber

33. All waste timber shall be removed from the underground workings of the mine as soon

as practicable. [Manager, contractor]

Covering Braces

34. Every brace and pit-bank where men are working shall be sufficiently covered so as to protect the men against inclement weather. [Owner]

Change-Houses

35. (1) Where more than nine men are working in any one shift in a mine, a change-house shall be provided which shall comply with the following requirements:—

(a)	The change-house shall be as near to the workings as practicable but where the mine includes a haulage shaft or an adit then the change-house shall be as near as practicable to the entrance to the underground workings.
(b)	The floor space of the change-house shall be not less than six square feet for each person using the change-house in any one shift, in addition to the floor space required for passage-ways, heating pipes and drying-racks.
(c)	There shall be provided in the change-house an adequate supply of clean hot and cold water for the men to wash or bathe themselves, and not less than one washing basin for every ten men in any one shift and an additional washing basin for any fractional part of ten men in any one shift.
(d)	Showers shall be provided in the change-house at the rate of not less than one for every ten men in any one shift and an additional shower for any fractional part of ten men in any one shift. The showers shall be at least four feet apart, and the floor of the shower area shall have a smooth waterproof surface and shall be provided with impervious drainage to remove waste water.
(e)	The change-house shall be well ventilated and lighted and shall be kept warm and free from draughts, and shall be furnished with sufficient appliances for drying wet clothes.
(f)	Provision shall be made in the change-house for keeping street clothes and working
clothes separate. [Owner]

(2) The floors of the change-house shall be washed daily, and all other parts of the change-house shall be kept clean. [Manager, contractor]

Removal of Dirty Clothes from Change-House

36. A person using a change-house shall, when requested by the manager, remove all his dirty clothes (other than safety helmets, belts or boots) from the change-house.

DIVISION 3—VENTILATION AND CONTROL OF DUST AND FUMES

Standards of Ventilation

37. (1) The mine shall be ventilated so that at all times the air in every part of the mine where men are working shall comply with the following requirements:—

(a)	It shall contain at least 20 per cent by volume of oxygen.
(b)	It shall not contain more than 0.5 per cent of carbon dioxide, or more than 0.005 per cent of carbon monoxide, or more than 0.0005 per cent of the higher oxides of nitrogen, or more than 0.002 per cent of sulphuretted hydrogen; all such percentages being calculated by volume.
(c)	It shall not contain more than 300 particles per cubic centimetre of dust which is five microns or less in diameter.
(d)	It shall not have a temperature of more than 83 degrees Fahrenheit, by wet-bulb thermometer.
(e)	At least one hundred cubic feet of fresh air per minute for every man and horse working in any place shall be circulated through that place.

(2) For the purpose of this regulation 37, the number of dust particles per cubic centimetre

shall be determined:

(a)	by an efficient konimeter, taking the average of the numbers ascertained by six tests made at intervals of one minute; or
(b)	by any other efficient instrument to the satisfaction of the Chief Inspector of Mines.

In either case, the number of such particles shall be counted under dark field illumination.

[Owner, manager, contractor]

Work in Places Inadequately Ventilated

38. No person shall do any work in a part of the mine where the ventilation does not

comply with these regulations, unless such work is necessary to make the ventilation so comply, or

for rescue or fire-fighting work. [Manager, contractor]

Equipment, Stoppings and Doors

39. (1) Every air-door provided to ensure compliance with the standards of ventilation

prescribed by these regulations shall be so constructed, fitted, or equipped that it closes

automatically after being opened, and remains closed when not held open. [Owner]

(2) Any air-door not required as part of the ventilating system shall forthwith be removed,

or taken off its hinges. [Manager, contractor]

Ventilation Plans

40. If so directed by an inspector, the course and volume of the air currents and the

position of all air-doors, stoppings, cross-overs, brattices, fans, and ventilating devices in the mine

shall be marked on the plans and sections kept at the mine. [Owner, manager]

Other Requirements as to Ventilation

41. (1) (a) The air in an air current shall not be recirculated so as to pass more than once through the same place unless such air has been purified before being re-circulated:

(b) The workings on each level in a mine shall be ventilated as far as practicable by a separate split of air from the main air intake. After passing through workings the air shall be led as directly as possible towards the return airway:

(c) All air forced or drawn into the workings by any machine or device shall be taken from the purest source available.

(2) Wherever the requirements of these regulations as to ventilation and air cannot be

complied with without constructing one or more airways independent of the main shaft, one or

more such airways of sufficient size to enable compliance with such regulations shall be

constructed. [Owner]

Traps and Receivers

42. (1) There shall be provided on every air main leading from a compressor, and on every branch air main, efficient traps to remove accumulations of water. [Owner]

(2) (a) Every air receiver in use and all pipes connecting an air receiver in use with a compressor shall be blown out at least once a day;

(b) every water trap in use shall be blown off at least once in every shift;

(c) water from air receivers or mains shall not be blown through the working faces.

[Manager, contractor]

Rock Drilling

43. Whenever on a mine, holes are being bored in rock by machinery, sprays or jets of water or other effective methods for preventing the issue of dust or alternatively for laying or removing any dust issuing from the holes shall be provided and used so that the dust will not be a danger to or to the health of any persons. [Owner, manager, contractor]

Other Operations Producing Dust

44. Whenever in the course of mining operations dust is produced, sprays or jets of water

or other effective means for laying or removing the dust so that it will not be a danger to or to the

health of any persons shall be provided and used. [Owner, manager, contractor]

Water Used for Laying Dust

45. Water used for laying dust shall be free from matter harmful to the health of human

beings. [Owner, manager, contractor]

Times for Blasting

46. (1) No blasting shall be carried out underground except at the following times,

namely—

(a)	during crib time;
(b)	immediately before the end of a shift.

Provided that, with the consent of the manager, blasting may be carried out at any time for the purpose of sinking shafts or removing obstructions in ore passes or box holes, or making the workings safe, or blasting misfired holes in development faces.

(2) No person shall carry out blasting underground during crib time in any place from which smoke, dust, or fumes caused by the blasting will reach a crib place.

(3) No person shall carry out blasting underground during a shift including crib time if

there is a reasonable possibility that as a result of such blasting the air in a place where men are

working will not comply with regulation 37. [Manager, contractor]

Entry After Blasting

47. No person not wearing an effective respirator shall enter a working place where blasting has been carried out until the fumes, dust and toxic gases caused by the blasting have been dispersed, unless such entry is necessary for the purpose of making any ventilation comply with these regulations, or for rescue or firefighting work. [Owner, manager, contractor]

Use of Cyanide Tailings for Filling

48. (1) Tailings, containing more free cyanide than the chemical equivalent of an amount of potassium cyanide equal to 0.01 per cent of such tailings, shall not be deposited in worked-out ground.

(2) While any persons are working or passing in any parts of a mine where tailings

containing cyanide are being deposited, a strong current of air shall be made to pass through those

parts. [Manager, contractor]

Airways in Filled Stopes

49. Passes or rearings shall be constricted in every stope, which is being worked on a cut-and-fill or shrinkage system, so as to provide airways to ventilate working places.

[Owner, manager, contractor]

Provision of Self-contained Breathing Apparatus

50. (1) No person shall work in a part of the mine where air dangerous to the health or safety of human beings has accumulated unless—

(a)	such work is necessary to improve the ventilation or for the rescue of any men or to fight or control a fire; and
(b)	the person so working is provided with an efficient self contained breathing apparatus and has been trained in the use thereof.

(2) There shall at all times be kept available and in good order sufficient sets of efficient self-contained breathing apparatus to enable the provisions of subregulation (1)(b) of this regulation to be complied with.

(3) In this regulation "self-contained breathing apparatus" means apparatus capable of being

carried or worn by men while working and from or through which pure air can be breathed during

the whole of the work. [Owner, manager, contractor]

Disposal of Dangerous Fumes and Gases

51. All fumes and gases which are generated in any furnace or plant at the mine and which

are dangerous to human life or health, shall be disposed of or treated so that there is no reasonable

possibility that any person will be injured by them. [Owner, manager, contractor]

DIVISION 4—SAFETY AND PROTECTION

Machinery to be in Good Condition

52. (1) All machinery which is in use in or at a mine shall be kept at all times in good order and in safe condition.

(2) In this regulation "machinery" includes engines, plant, gear, and equipment of all

kinds. [Owner, manager, contractor]

Construction and Maintenance

53. (1) All material and equipment installed or used in or at a mine shall be sound and of adequate strength for the purpose for which it is to be used.

(2) Every working part of a mine and every structure and item of equipment which is in use in or at the mine shall be maintained in good order and in a safe condition.

[Owner, manager, contractor]

Interference with Structures, Plant or Equipment

54. (1) No person shall, except in the course of duties in which he is engaged or authorised to carry out, interfere with or remove any structure or part of a structure or any machinery, plant or equipment or open a gate or door at or in a mine.

(2) Where a person opens a gate or removes or displaces any fence guard or other like structure provided at or in a mine, he shall shut the gate or restore the fence guard or structure to its usual place as soon as the necessity for the opening, removal, or displacement has ceased.

[Manager, contractor]

Procedure in Case of Danger

55. (1) If the manager or a person for the time being in charge of any part of a mine is of the opinion that dangerous conditions exist in the mine or part thereof respectively he shall—

(a)	forthwith order the immediate withdrawal of every workman from such mine or part, and every workman so ordered shall be withdrawn accordingly; and
(b)	cause such mine or part to be inspected by a competent person; and
(c)	not permit any person to enter such mine or part while in his opinion it remains dangerous, except for the purpose of making an inspection thereof or doing work to make it safe. [Manager, contractor]

(2) During the making of an inspection under subregulation (1) of this regulation—

(a)	if it appears reasonably possible to the person making the inspection that there is danger arising from inflammable gas, no lamp other than a locked safety lamp shall be used;
(b)	if it appears reasonably possible to the person making the inspection that there is danger arising from noxious gas, self-contained breathing apparatus shall be used by him and all the persons making the inspection. [Owner, manager, contractor]

(3) Forthwith after making the inspection, the person making the same shall enter in the

Inspection Record Book a record of the inspection specifying the nature of any dangerous

conditions found by him and of any action recommended to remedy them. [Manager, contractor]

(4) When any action is taken under this regulation the particulars thereof shall forthwith be entered in the Inspection Record Book and a written report specifying the nature of the dangerous conditions and the action taken to remedy them shall be transmitted to an inspector. The said record and the said report shall be signed by the Manager. [Owner, manager, contractor]

Provisions for Escape from Mines Liable to Flooding

56. (a) There shall be constructed in every mine such rises, chambers, drives and other workings as are necessary to maintain the ventilation of the mine and permit the escape of workmen from the lower workings if flooding should occur;

(b) There shall be posted in a prominent place at the foot of each rise, chamber, drive or

other working a clearly legible notice indicating that such rise, chamber, drive or working is a

means of escape in the event of flooding. [Owner, manager, contractor]

Men Working Alone

57. (1) Whenever a person is working underground in a mine in a place where he is not in frequent communication with, or within speaking distance of, some other person such first mentioned person shall be—

(a)	visited by a competent person at intervals of not more than two hours; or
(b)	communicated with by telephone every hour and visited as aforesaid every half-shift.

(2) No person shall work in a dangerous place unless such person is within constant view of some other person working in the mine. [Manager, contractor]

Safety Helmets

58. (1) A safety helmet shall be supplied to every person working underground, or in a crushing or screening plant, or in any place where he may be hit by a falling object.

[Owner, manager, contractor]

(2) Whenever a helmet supplied pursuant to this regulation is lost or destroyed, or becomes unserviceable, the owner shall, at his own cost, replace the helmet. Provided that if the replacement is necessary because of negligence or wilful wrongdoing by the person to whom the same was supplied, that person shall be liable to pay to the owner the cost of the helmet supplied by way of replacement. [Owner, manager, contractor]

(3) A person in a mine shall, except in an appointed crib-place, wear a safety helmet at all

times while he is underground or in a crushing or screening plant or while he is working in any

place where he may be hit by a falling object. [Manager, contractor]

(4) A helmet supplied pursuant to this regulation shall, unless otherwise agreed, remain the property of the owner who supplied it.

Pent-Houses

59. When a shaft is being sunk below levels which are being worked, it shall be protected

below such levels by one or more pent-houses of sufficient strength to protect workmen against

falling cages, skips or materials. [Owner, manager, contractor]

Fencing Shaft

60. (1) (a) Every brace, plat, and opening to a shaft, whether on the surface or underground, shall be securely covered or fenced so as to prevent persons from falling into the shaft;

(b) every fence at the entrance to a shaft shall be provided with gates;

(c) every elevated platform erected in a head frame above a shaft shall be covered or fenced so as to prevent persons from falling from such platform.

(2) Notwithstanding subregulation (1) of this regulation, a fence, gate or cover may be temporarily removed for the purpose of making repairs or alterations or for any other temporary purpose expressly approved by the manager.

(3) While a fence or gate is temporarily removed from an opening or an entrance to a shaft, a strong horizontal bar not less than three and not more than four feet above the ground shall be kept securely fixed across the opening from which the fence or gate has been removed, except when the cage is actually being loaded or unloaded. [Owner, manager, contractor]

Cessation of Mining Operations

61. (1) On the cessation of mining operations in a mine or part of a mine all workings in

such mine or part shall be closed off or made safe so as to prevent the possibility of accident to

any person. [Owner, manager, contractor]

(2) An abandoned or disused shaft or dangerous excavation shall be kept securely fenced or covered, and its position shall be indicated by posts. [Owner]

(3) When a shaft or tunnel has ceased to be used for mining no person shall, without the written consent of the Chief Inspector—

(a)	fill in such shaft or tunnel or any part thereof;
(b)	remove any fencing, covering, casing, lining, ladder, platform or other structure in or about such shaft or tunnel;
(c)	destroy or injure such shaft or tunnel. [Owner]

(4) In this regulation "cessation of mining operations" means a cessation of mining operations other than a cessation for weekends, or for a short period for repairs or holidays, or on account of strikes or other industrial disputes.

Minors Not to be in Charge of Steam Engines or Boilers

62. No person under 21 years of age shall be in charge of or have control of a steam engine or steam boiler used on a mine. [Manager, contractor]

Duty of Drivers of Machinery to Remain

63. No person having charge or control of a steam boiler, steam engine, or winding engine, which is used on a mine for the working thereof, or of a winch used on a mine for raising or lowering men, shall absent himself from or cease to have effective charge or control (as the case may be) of such boiler, steam engine, winding engine, or winch while it is required to be used, unless relieved by a person qualified to replace him. [Manager, contractor]

Certificates of Registration of Boilers

64. A person having the possession, custody, or control of any certificate relating to the

registration, inspection, or testing of a boiler or air receiver used at a mine shall, on the request of

an inspector, produce such certificate to him for inspection. [Owner]

Protection of Machinery, Platforms, Vats, and Ladders

65. (1) In or at a mine—

(a)	all exposed dangerous parts of machinery in operation;
(b)	every flywheel, pulley, drive wheel, drive belt;
(c)	every tramway constructed on an elevated platform;
(d)	all steps, ladders, elevated gangways and elevated platforms; and
(e)	every vat used in connection with the cyanide process;

shall be securely fenced and guarded, and every fence and guard shall be kept in good order.

(2) Adequate precautions shall be taken at all ash pits, ash heaps and other places where there are hot or molten materials to ensure that no person is endangered by these materials. A notice shall be posted in a conspicuous position warning people of danger.

[Owner, manager, contractor]

Vats Containing Cyanide

66. The word "poison" shall be painted on each vat containing cyanide in clear letters not less than twelve inches high. [Owner, manager, contractor]

Garments for Oilers and Machinery Attendants

67. No person shall work in the immediate vicinity of moving machinery in or about a mine unless he is wearing close-fitting and close-fastened garments. [Manager, contractor]

Lights in Working Places

68. (1) (a) every underground working plat, and

(b) the upper entrance to every winze, rise or jump-up while uncovered or unfenced,

shall be illuminated at all times while men are in the mine.

(2) Every working place on the surface shall be illuminated at all times when men are

working in or passing through it between half-an-hour after sunset and half-an-hour before sunrise.

(3) The illumination required under subregulation (2) shall be sufficient for the safety of the persons working in or passing through the plat entrance or place, and shall be provided by fixed lamps.

(4) A person shall not enter an unlighted part of a mine unless he carries a light adequate to ensure his own safety and the safety of those accompanying him.

(5) In this regulation "fixed lamp" means a lamp not being carried by a person.

[Owner, manager, contractor]

Safety Ropes and Belts

69. (1) Where a winding rope is used for raising or lowering men in a shaft or winze, and the conveyance attached to the rope is not a cage or man-skip, safety belts or other fastenings for staying men to the winding rope shall be provided.

(2) A person shall not ascend or descend a shaft or winze by a winding rope, where the conveyance is not a cage or man-skip, unless he is stayed to the rope by means of a safety belt or other fastening.

(3) (a) Safety ropes and safety belts shall be provided for use on all precipitous slopes, steep rock piles and places where there is a danger of falling from a height, and in chutes, passes or bins.

(b) Every such safety rope when in use shall be kept securely anchored.

(4) (a) No person shall work on or move across a precipitous slope, steep rock pile, or place where there is a danger of falling from a height unless he is using a safety rope secured to a substantial anchorage.

(b) A person shall not work in a fixed position on such slope, rock pile or place unless he is wearing a safety belt, attached to securely anchored safety rope, whereby he is enabled to work with both hands free.

(5) No person shall enter or remain in a chute, pass, or bin unless—

(a)	he is wearing a safety belt attached to a securely anchored safety rope; and
(b)	at least one other person is within hearing distance of him at all times whilst he is within such chute, pass or bin. [Owner, manager, contractor]

Hung-up Passes

70. When a pass, chute or opening is jammed or obstructed with material hung up in it, a person shall not go into the pass, chute or opening beneath the obstruction or do any work in it from beneath the obstruction except in accordance with the instructions of the manager or the person for the time being in charge of the work. No person shall give such instructions until all other practical means have been exhausted for causing the material to run or become free.

[Manager, contractor]

Warning to Men in Shrinkage Stopes

71. No person shall draw off any ore from a stope being worked on the shrinkage system

unless he has informed the men working in the stope of his intention to do so, and the person in

charge of the stope has given his approval. [Manager, contractor]

Rises

72. No rise inclined at 45 degrees or more from the horizontal shall be put up to a greater

height than thirty feet measured on the plane of the rise from the roof or back of a working, except

with the written permission of an inspector. [Manager, contractor]

Winzes

73. No winze shall be sunk in a travelling-way if there is any practicable alternative place.

[Manager, contractor]

Raising or Lowering Tools in Winzes

74. No person shall knowingly raise or lower, or knowingly cause or permit a person to raise or lower, tools in a winze or other confined place unless—

(a)	such tools are in a bucket or other receptacle; and
(b)	any tool projecting from the bucket or receptacle is secured so that it will not fall out or foul any part of the winze or place. [Manager, contractor]

Precautions Against Fire

75. (1) Adequate precautions shall be taken, both underground and on the surface, to prevent the outbreak of fire.

(2) Adequate provision both underground and on the surface, shall be made for the prompt suppression of any outbreak of fire.

(3) Without affecting the generality of subregulations (1) and (2) of this regulation, the following rules shall be complied with—

(a)

In the event of an outbreak of fire at or in a mine an effective warning of the fire shall be given first to persons in the mine likely to be affected by the fire or the products of combustion, and secondly to all other persons in the mine; and all men working underground shall be brought to the surface without delay.

(b)

At all times all necessary arrangements shall have been made and be thoroughly understood by all concerned, for the purpose of ensuring compliance with this subregulation (3)(a).

(c)

No person shall—

(i)	without the consent of the manager fire a charge which is inside or in contact with a piece of timber underground in a mine; or
(ii)	leave a naked light close to timber in any place in a mine.

(d)

Every underground chamber in which machinery, except machinery operated by compressed air, is placed shall be so constructed and maintained as to be fire-proof.

(e)

(i)	All oil, grease and oily cotton-waste or rags; underground in the mine, shall be kept in securely covered metal containers.
(ii)	Chips, shavings, waste, wood, paper, or other inflammable material shall not be left lying about in the mine, or be thrown into passes.

[Owner, manager, contractor]

Height of Filling in Stopes

76. When stoping is being carried on and the excavated space is being filled with waste rock, sand, earth, or broken ore as the support of persons working the stope, the back or roof of the excavation measured at right angles from the mean surface of the filling shall be at no time more than twelve feet from the filling. [Manager, contractor]

Duty of Employees as to Safety

77. (1) A person working in a mine—

(a)	shall at all times carefully observe the condition of the place where he is working or is about to work and of the plant and equipment therein;
(b)	shall take all steps within his power to make his working place safe and to remedy any defects apparent in equipment;
(c)	shall report to the person under whose immediate direction or control he is working any defect or danger which comes to his notice;
(d)	shall not work with any defective plant or equipment;
(e)	shall not work in an unsafe place except for the purpose of making it safe.

(2) Every foreman and every shift boss in a mine and every person in charge of a portion of a mine shall on changing his shift inform the person who relieves him of the state of the workings, plant, and equipment in the part of the mine for which he is immediately responsible in his character as such. [Manager, contractor]

Places Forbidden to Intoxicated Persons

78. No person under the influence of liquor shall be in any of the following places in or at

a mine—

(a)	underground; or
(b)	in any room or building in which an engine, machinery, or plant is kept; or
(c)	in any magazine for the storage of any explosive; or
(d)	within fifty feet of any excavation or surface workings. [Manager, contractor]

DIVISION 5—WINDING AND SIGNALS

Winding Engines to be Kept Ready for Use

79. Where egress from a mine is usually effected by means of a winding engine, that

engine shall be kept ready for use and a driver shall be in charge of it at all times when any person

is underground in the mine. [Manager, contractor]

Duty to Provide Cages

80. Where a shaft is more than two hundred feet deep and an engine is used for lowering, the requirements of the next following regulation shall be provided for the transport of such men: Provided that this regulation shall not be deemed to prohibit the use of buckets for raising or lowering men in shafts or winzes which are in course of being sunk, or for raising or lowering mine products, debris, or materials or tools used for mining, or prohibit the raising or lowering of skipmen in their skips. [Owner, manager, contractor)

Requirements as to Cages

81. Every cage in use for raising or lowering men shall comply with the following

requirements:—

(a)	In a single-deck cage and in the top deck of a multiple-deck cage there shall be a clear height of at least six feet six inches between the floor and the underside of the moving parts of the safety gearing, or if that is outside the cage, between the floor and the cover of the cage:
(b)	In every deck other than the top deck of a multiple-deck cage there shall be a clear height of at least six feet six inches between the floor of that deck and the floor of the deck immediately above:
(c)	The cover of the cage shall be of metal not less than three sixteenths of an inch thick, and shall be securely hung on hinges and fitted in a sloping position so as to be readily lifted upwards by persons within the cage:
(d)	If the cage is multiple decked, portion of each intermediate floor shall be hinged so as to allow persons below to raise that portion and have access to the deck above:
(e)	The sides of the cage shall be fitted with suitable covering to protect the persons therein:
(f)	The cage shall have a gate and a drop-bar fitted to each entrance thereto:
(g)	The cage shall be fitted with safety-grippers to prevent its sudden fall down the
shaft. [Owner]

Overwind Catches

82. (a) Every cage and skip used on the mine shall be fitted with detaching-hooks to prevent it from coming into contact with the poppet-head;

(b) Automatic overwind disengaging-bells or catch-plates shall be fixed below the winding sheaves of every shaft in which a cage or skip is used, so as to prevent the cage or skip from coming into contact with the poppet-head and from falling down the shaft when detached from the rope by overwinding;

(c) An access platform shall be constructed at such bells or catch-plates above each shaft.

[Owner]

Detaching-Hooks

83. (a) A test hole of three-eighths of an inch shall be bored through the plates of each detaching-hook when the copper rivet is in position, and such test hole shall be kept clear;

(b) A clearance of at least ten feet shall be provided between the detaching-hooks of a cage

or skip when the cage or skip is at the highest working landing, and the point of detachment in the

event of overwinding. [Owner]

Cleaning of Safety Appliances

84. (a) Every detaching-hook and every safety-catch shall be taken to pieces, examined, cleaned, and oiled at least once a month by a competent person;

(b) A record of all action taken pursuant to paragraph (a) of this regulation shall be entered forthwith in the Machinery Record Book. [Manager, contractor)

Duty to Test Cages

85. (a) The safety-grippers of every cage and skip shall be tested from the drum at least once a month with a maximum load on the cage or skip;

(b) The result of the tests shall be entered forthwith in the Machinery Record Book;

(c) No cage or skip which is not in good order shall be used. [Manager, contractor]

Requirements as to Winding Engines

86. (1) Every winding engine used at the mine shall comply with the following

requirements:—

(a)	Each drum shall be provided with effective brakes capable of being applied by the driver without leaving his driving position:
(b)	The engine shall be fitted with a dial or indicator which enables the engine-driver to determine the position in the shaft of each cage or other conveyance being operated by the engine:
(c)	The engine shall be fitted with apparatus to ensure that a drum which is out of gear will not revolve:
(d)	Each drum shall be fitted with horns or flanges and any other necessary appliances to ensure that the rope will not slip off the drum. [Owner]

(2) No person shall use or cause or permit to be used in a mine a winding engine which in

any respect does not comply with this regulation or is in any other respect unsafe for immediate

use. [Manager, contractor]

(3) Notwithstanding anything contained in this Division, no winding engine of the type

known as "Koepe" or "Friction Winder" shall be installed in or about any mine without the prior

approval of the Chief Inspector in writing. [Owner, manager, contractor]

Travelling in Cage with Tools

87. No person shall knowingly raise or lower tools (other than small tools in containers) or mining materials in a mine shaft in the same cage as men: Provided that this regulation shall not apply to surveyors, electricians, platmen, fitters or shaft-repairers with their assistants travelling with tools required for their work, nor to any person having custody of explosives in the cage nor to any employees specially authorised by the manager to travel with tools in cases of emergency.

[Manager, contractor]

Covers of Cage to be Closed

88. No person shall give the signal for a cage containing persons to be raised or lowered unless the covers, gates and dropbars of the cage are closed: Provided that the foregoing provision shall not apply to covers if the cage is being used for inspection or repair of the shaft and covers are open for that purpose. [Manager, contractor]

Winding in Single Gear

89. (1) Except in case of emergency, no person shall operate or cause or permit any person to operate, for the purpose of raising or lowering men in a cage, a winding engine having two drums while one of the drums is out of gear and loose on the shaft which operates it.

(2) If in an emergency men are raised or lowered in a cage by a winding engine having two drums while one of the drums is out of gear on the shaft that operates it, the manager shall within twenty-four hours thereafter notify an inspector in writing of that fact, and of the circumstances of the emergency. [Manager, contractor]

Cages to be Disconnected or Supported During Repairs to

Clutch or Brake

90. No person shall carry out repairs to the clutch or brakes of a winding engine while

ropes are attached to the drums of such engine unless the cages or skips are detached from the

ropes, or are firmly supported by some means other than the ropes. [Manager, contractor]

Use of Winches

91. (1) No person shall use a friction winch for the purpose of raising or lowering persons

in a mine.

(2) No person shall lower any person in a mine by means of a winch which, at the time, is controlled by the brake alone. [Manager, contractor]

Speed of Winding

92. The person driving the winding engine shall so control the engine that a cage, skip or

bucket is not raised or lowered at a speed exceeding five hundred feet per minute while it is within

two hundred feet of the surface or of the bottom stopping place. [Manager, contractor]

Test Certificates of Winding and Haulage Ropes

93. (1) Before a new winding or haulage rope is used in a mine a true copy of the maker’s

certificate stating—

(a)	details of the construction of the rope;
(b)	the class of steel of which it is made;
(c)	the breaking strain of the rope;

shall be deposited with an inspector. [Owner, manager, contractor]

(2) No person shall use as a winding or haulage rope any rope which has been previously used for any other purpose, or on a different winding engine or drum, or in a different shaft, unless—

(a)	a complete record of the previous use of the rope and the purpose for which it is to be used has been furnished to an inspector; and
(b)	the approval of the inspector has been obtained for the proposed use.

[Owner, manager, contractor]

(3) An inspector may request the owner to obtain a certificate of the breaking strain of any rope in use or about to be used in a mine from the Engineering School of the University of Adelaide, or from any other testing station indicated by the inspector and approved by the Chief Inspector, and to produce such certificate to the inspector. The owner shall comply with any such request.

(4) No spliced rope shall be installed on a mine for the purpose of raising or lowering men

or material, but this shall not prevent the splicing of "eyes" in the ends of winding ropes or

haulage ropes. [Owner, manager, contractor]

Strength of Winding Ropes

94. Every rope—

(a)	used for raising or lowering persons shall have a breaking strain of at least eight times the working load;
(b)	used for raising or lowering materials shall have a breaking strain of at least six times the working load;
(c)	whether used for raising or lowering men or materials shall have a breaking strain of at least three-quarters of its breaking strain when new;
(d)	used in a mine shall have no defect rendering its use unsafe in the circumstances.

[Owner, manager, contractor]

Examination of Winding Ropes, Plant and Equipment

95. The following examinations of ropes, plant and equipment on the mine shall be

carried out by a competent person:—

(a)	Each winding rope and the chains, shackles and other couplings by which it is attached to the cage, the brakes and depth indicators on the winding engines, each cage and its safety catches, the head sheaves and every external part of the winding arrangements shall be examined at least once a day:
(b)	The shaft guides, the winding compartments and the signalling arrangements shall be examined at least once a week:
(c)	Each rope shall be examined at least once a month in order to discover the amount of deterioration. In this examination the rope shall be thoroughly cleaned at places not more than one hundred feet apart, and the person making the examination shall note the conditions of the external parts of the rope and, as far as possible, the conditions of the internal parts, and any significant reduction in the diameter of the rope; and shall estimate the reduction in the strength of the rope due to wear.

643. The board shall keep a register of all certificates and permits issued under this

Division.

DIVISION 9—WORKMEN’S INSPECTORS

Application of this Division

644. The regulations in this Division shall apply to the appointment of workmen’s inspectors under Section 12 of the Act and inspections to be made by them.

Notice of Meeting

645. (1) Any five or more workmen employed in a smelter may by notice call a meeting for the purpose of electing workmen’s inspectors under Section 12 of the Act.

(2) The notice shall be signed by not less than five workmen employed at the smelter, and shall be prominently exhibited at the smelter for at least three clear days before the day fixed for the meeting.

(3) The owner and the manager of the smelter shall allow a notice of meeting in proper form to be exhibited at the smelter as required by this regulation.

[Owner, manager, contractor]

Nominations

646. Every candidate for appointment shall be nominated in writing by a workman employed in the smelter at the time of nomination.

Meetings and Elections

647. (1) The workmen present at the meeting shall elect a chairman who shall conduct the election in an orderly manner and shall arrange for a secret ballot to be held at the meeting if there are more candidates than the number of vacancies to be filled. A candidate for election shall not act as chairman.

(2) Only workmen employed in the smelter at the time of the meeting shall be eligible to vote at the election of workmen’s inspectors.

(3) At a ballot votes shall be indicated by crosses on the ballot paper. Each workman voting shall place a cross against the name of each candidate for whom he votes. A ballot paper shall be informal if it contains more crosses than the number of inspectors to be elected.

(4) If the number of candidates does not exceed the number of inspectors to be elected, the chairman shall declare the nominees duly elected.

(5) The chairman of the meeting shall, as soon as possible after the election—

(a)	notify the Chief Inspector and the manager of the smelter of the full names and addresses and occupations of the persons appointed and the date of the election; and
(b)	forward to the Chief Inspector a statutory declaration, signed by himself as chairman, that the regulations relating to the election have been properly complied with in every particular; and
(c)	forward to the Chief Inspector signed and dated copies of the notice calling the meeting, and of the nomination paper or papers of the candidate or candidates.

(6) The Chief Inspector of Mines on being satisfied that the appointments have been made in accordance with these regulations shall record them and notify the fact of such recording in writing to the persons appointed and the manager of the smelter.

Duration of Appointment

648. Every workman’s inspector shall hold office for one year from the date of his

election.

Inspection by Workmen’s Inspectors

649. (1) Workmen’s inspectors shall not be entitled to commence an inspection unless they have previously notified the manager of their intention to inspect, and arranged a time with the manager.

(2) The owner shall provide a record book for the purpose of recording every report made by workmen’s inspectors pursuant to the Act and the regulations. [Owner]

(3) Workmen’s inspectors shall not inspect any smelter other than that for which they have

been appointed.

(4) No person shall wilfully prevent or hinder a lawful inspection of the smelter by the

workmen’s inspectors. [Manager, contractor]

(5) No workmen’s inspector shall use the right of inspection of a smelter for any purpose other than that of ascertaining and reporting whether the smelter and its machinery are safe.

(6) Two workmen’s inspectors shall carry out inspection; one workman’s inspector cannot act alone. If only one workmen’s inspector is available and he desires to make an inspection the smelter workmen concerned may after due notice to the manager and obtaining his approval to hold a meeting, elect a deputy to act only for the specific inspection. No manager shall

capriciously refuse his approval to hold such a meeting. [Manager, contractor]

DIVISION 10—AMENITY OF SMELTER AREA AND ENVIRONMENTS

Interpretation

650. In this Division, unless the context requires or some other meaning is clearly

intended:—

"Top soil" means the surface soil of land in its natural state and exceeding 2 inches in depth, distinguishable from overburden, and capable of growing protective vegetation when spread over the soil parent or reclamation material.

"Approved" means approved by the Chief Inspector.

651. (1) Smelting operations or practices or any operation or practice incidental or ancillary thereto shall interfere as little as possible with the amenity of the area or place.

(2) A person shall not cut, damage or interfere with trees or shrubs except those directly obstructing or preventing smelting operations.

(3) A person shall not create a nuisance by conducting operations in such a manner that undue or excessive noise or dust is produced.

(4) A person shall not create or permit or suffer to be created a nuisance by conducting operations in a manner whereby any river the sea or any river, dam, watercourse, billabong, anabranch or tributary becomes polluted.

652. A person shall take the topsoil from the site of any proposed excavation, dam or stockpile area and shall store it adjacent thereto for rehabilitation purposes or in an approved site and protected as far as is practicable from undue wind and water erosion.

653. A person shall not place products, overburden, waste material, dams or material of any kind in a position—

(a)	where they interfere with or could interfere with natural drainage;
(b)	where they cause or may cause damage to property; or
(c)	where they unduly interfere with the amenity of an area;
(d)	Where they permit the pollution of the sea or any river, dam, watercourse, billabong, anabranch or tributary.

654. (1) Where practicable an owner of land upon which there is an excavation or from which topsoil has been removed shall cause any excavation on that land to be drained and shall provide for a run-off that will not cause undue wind erosion or water erosion.

(2) The drainage constructed or permitted pursuant to subregulation (1) hereof shall not cause pollution of the sea or any river, dam, watercourse, billabong, anabranch or tributary.

[Owner]

655. (1) An owner shall—

(a)	give notice to the Chief Inspector when smelting operations are complete;
(b)	a further notice when plant, machinery and materials are removed from that land; and

(c) a further notice when the land has in the opinion of the owner been rehabilitated. (2) An owner shall leave an area in a clean and tidy condition. [Owner/contractor]

656. An owner shall within the period of two years after the day of cessation of smelting operations on land, carry out or ensure the proper rehabilitation of the area in accordance with the directions given to him in respect of that area by the Chief Inspector.

657. A person shall not open up or rework an old smelter or a previously worked smelter or develop or prepare a new deposit for the extraction of any metal or metalliferous ores and non- metallic minerals, excepting precious stones on proclaimed opal fields and petroleum, but including sand, gravel, shell, shale, clay, stone and earthy substances, or erect buildings or plant for the treatment of such substances, unless he has given to the Chief Inspector of Mines notice, in writing, of his intention to do so at least 21 days prior to commencing such work or such working and has received the approval, in writing, of the Chief Inspector thereto. [Owner]

658. (1) The Chief Inspector may, by notice in writing containing inter alia the matters set out in the schedule to these regulations and addressed to the owner, order that any one or more of the following acts, matters and things be done or made within a time to be set out in that notice—

(a)	accurate surface maps, plans and sections of the smelter and its immediate environs; and
(b)	developmental programmes for all surface works of the smelter area.

(2) An owner to whom such a notice has been given under this regulation shall—

(a)

cause maps, plans, sections, programmes or any of these requirements to be prepared in accordance with the notice;

(b)

deliver three copies thereof within the time set out in the notice to the office of the Chief Inspector of Mines at the Mines Department at Adelaide; and

(c)

keep the original maps, plans, sections, developmental programmes or any of these requirements as the case may be, or correct copies thereof, at the office of the smelters.

(3)

(a)

The owner shall, at intervals of not more than 12 months, and also immediately before the abandonment of smelters cause all alterations of and additions to the workings of the smelters to be correctly delineated on the current working maps plans and sections and on any copies kept at the office, of the smelters and shall lodge three copies of any plan of these alterations or additions at the office of the Chief Inspector of Mines at the Mines Department at Adelaide.

(b)

The owner shall at intervals of not more than 12 months lodge details of the developmental programme and submit them to the Chief Inspector for further approval.

(4) All maps, plans and sections prepared under this regulation shall be drawn to scales approved by the Chief Inspector and sufficient to show clearly all relevant detail.

(5) An owner to whom a notice has been given under this regulation to make and deliver developmental programmes may carry on smelting on work incidental thereto but he shall not do any work or allow any work to be done that is likely to adversely affect amenities until he has received approval, in writing, of the Chief Inspector to those programmes or amended programmes as the case may be. [Owner]

659. The forms set out in the first schedule to these regulations shall apply, mutatis mutandis, to the supply of particulars to the Chief Inspector pursuant to the regulations in this Division.

THE FIRST SCHEDULE

NOTE: These forms may be used for mines, quarries and smelters provided that, wherever appropriate the word

"quarry" and its derivatives or smelter and its derivatives are substituted for the word "mine" and its respective derivatives.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Mine

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . S.A.

INFORMATION AND PLANS REQUIRED UNDER DIVISION 13 OF PART I,

DIVISION 9 OF PART II OR DIVISION 10 OF PART III

(Regulations Under the Mines and Works Inspection

Act, 1920-1970)

All maps, plans, sections, programmes, etc., to be supplied

in triplicate

1. A locality plan of the mine area and of an area not less than. .. .. metres, outside the boundaries of the mine area [i.e., area over which mining rights are held], on standard sheet (x) with date and north point and showing the following information:—

(1)

The name of the county and hundred.

(2)

The boundaries of sections and allotments and their section and allotment numbers.

(3)

The names and addresses of the occupiers and owners of the mine area.

(4)

The surface contours of the mine area at intervals not exceeding 3 metres related to sea level or to an

established permanent local bench mark.

(5)

The locations of public and private utilities, protected works, housing and buildings existing within the limits of the plan, including transmission lines, watercourses, drains and water storages, and explosives storages and preparation buildings, and oil storages.

"Protected works" means historic buildings, monuments, etc.

2. A working plan of the present mine area or the proposed mine area, as the case may be, and sections (at least two, one longitudinal and one a cross-section) giving contours at intervals not exceeding 3 metre intervals and showing the following:—

(1)

The boundaries of the land over which mining rights are held.

(2)

The positions of bore holes and test excavations showing the depths, thicknesses and types of strata

therein.

(3)

The boundaries of existing excavations showing also bench floors and slopes of faces.

(4)

The locations of existing plant, machinery, buildings, roads, safety fences, services, and utilities, tree belts and other screens such as hedgerows, waste rock screens, and other barriers, explosives storages and preparation buildings, and oil storages.

(5)

The locations of existing slime dams, tailing dams, settling ponds, water storages, watercourses and

drains.

(6)

The location of existing dumps of overburden and waste, and stockpiles of products.

(7)

The proposed situation for. .. .. years at intervals. .. . years or when mining is complete with regard

to—

(a)	the boundaries of all quarry excavations showing also bench floors, slopes of faces;
(b)	the location of plant, machinery, buildings, roads, safety fences, services and utilities, tree belts and other screening such as hedgerows and waste rock screens, explosives storages, and preparation buildings, and oil storages;
(c)	the location and the reduced level of the top of soil and overburden dumps;
(d)	the locations and the reduced level of the top of water storages, settling ponds, slime dams and tailing dumps.
(e)	The drainage system for disposal of water and liquid waste products.

3. A developmental programme showing—

(1)

the order of procedure or stages to be adopted in the progressive extraction of mineral substances;

(2)

the provisions made or to be made for prevention of nuisances, and for the prevention of pollution of

drainage waters;

(3)

the order of procedure for screening: the progressive rehabilitation of worked-out areas, dumps, dams and so on so as to conform to the general amenity of the area, as well as the methods by which the planting of trees, shrubs and grasses will be carried out.

SECOND SCHEDULE

Fees

1.              Issue of blaster’s permit (for 2 years). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $23.00

2. Renewal of blaster’s permit (for 2 years) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $8.00

3.              Duplicate of blaster’s permit. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $15.00

4. Application for mine or quarry manager’s certificate .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $16.00

5.              Examination for mine or quarry manager’s certificate—

(a) oral examination .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $8.00
(b) written examination (for 4 papers). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $33.00
6.	Oral examination in mining law .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $8.00
7.	Issue of mine or quarry manager’s certificate .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $25.00
8.	Duplicate of mine or quarry manager’s certificate .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $16.00

PART IV

SPECIAL REGULATIONS

DIVISION 1—MINING FOR PRECIOUS STONES

801. Where there is any variation between this Part and any other Part of these

Regulations, this Part shall take precedence in all matters concerning the mining of precious stones.

Definitions

802. In this Part, unless the contrary intention appears—

"a brace" means a strong fence constructed of materials acceptable to an inspector, built

completely around a shaft and supported on its outer side with the excavated material;

"claimholder" means a person who is the holder of a precious stones claim in accordance

with the provisions of the Mining Regulations, 1972;

"drill hole" means a hole greater than 15 centimetres nominal diameter which has been

drilled in the ground by means of a mechanical device;

"precious stones" shall have the same meaning as that given in Section 6 of the Mining

Act, 1971-1972;

"a shaft" means any vertical opening in the ground which gives a person access to

underground mining works and includes drill holes.

Protection of Shafts and Drill Holes

803. Unless a drill hole is required for use as a shaft, the claimholder shall within one week of the completion of the hole fill it to the level of the surface.

804. (1) Where a drill hole is required as a shaft it shall in completion be equipped by the claimholder with a brace at least one metre in height.

(2) All shafts, whether in use or not, shall be equipped by the claimholder with a brace at least one metre in height.

(3) Where shafts are sunk on sloping ground the height of the brace shall be measured from the surface of the highest side.

(4) If a brace is removed from a shaft, the claimholder shall immediately cause that shaft to be filled to the surface.

(5) No person shall withdraw a brace or any part of a brace from any shaft on any abandoned, lapsed, cancelled or forfeited claim.

Bulldozer Cuts

805. No person shall make a cut deeper than eight metres below the natural surface of the ground, without first obtaining the written approval of an inspector which shall include a sketch showing details of the proposed cut.

806. The owner, joint owner or hirer of every bulldozer operating in a cut deeper than

three metres shall provide a canopy sufficiently strong to protect the operator from falling material.

807. No person shall make any excavation into the wall of any bulldozer cut unless he has first obtained the written approval of an inspector.

Mining Equipment

808. When persons are in a mine the claimholder shall provide a safety rope not less then twenty-five millimetres diameter, which rope shall be hung down the shaft. The rope must be firmly anchored at the surface and must reach the bottom of the shaft.

809. The claimholder shall ensure that every rope used for raising or lowering men or materials shall have a breaking strain at least ten times its maximum load.

810. (1) The claimholder shall ensure that all hoisting equipment using guy wires for stability shall have such wires firmly anchored and they shall be plainly marked to show their existence.

(2) No claimholder shall permit guy wires to project beyond the boundaries of his claim without first obtaining the written approval of the adjacent claimholder.

811. The claimholder shall ensure that no electrically operated equipment is used unless the installation of that equipment has been certified safe by an electrician possessing an A-class Electrical Worker’s Licence.

812. (1) The operator and/or owner of a blower shall ensure that when a pneumatic extraction system is used, no fan incorporated in the system shall be run at an unsafe speed.

(2) A speed which is an unsafe speed shall be determined by an Inspector.

(3) The operator and/or owner shall ensure that the fan outlet from pneumatic extraction systems is not less than four metres from the natural surface of the ground.

Accidents

813. A claimholder shall within twenty-four hours of its occurrence on his claim report to an Inspector or an Area Officer of the Department of Mines any accident arising out of the use of explosives, winding equipment, machinery or electricity.

814. When a fatal accident or an accident arising out of the use of explosives, winding equipment, machinery or electricity occurs, no person shall, except with the consent of an Inspector or for the purpose of saving human life or relieving human suffering—

(a)	move, interfere with, destroy, or carry away any wreckage, article, or thing at the place of or connected with the accident or
(b)	interfere with or alter the state and condition of any hole, shaft, tunnel or excavation at the place of or connected with the accident.

In giving consent under this regulation the Inspector may impose any conditions or restrictions he thinks fit.

APPENDIX

LEGISLATIVE HISTORY

Regulation 1:

varied by 5, 1979, reg. 1(2)

Regulation 8:

substituted by 5, 1979, reg. 1(3)

Regulation 24(1):

substituted by Gaz. 3.10.68, p. 1071, reg. 1

Regulation 125(5):

varied by Gaz. 2.11.67, p. 1975, reg. 1

Regulation 136(1):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)

Regulation 136(4) and (6):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (c)

Regulation 136(7):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)-(c)

Regulation 136(8), (10)

and (11):

varied by Gaz. 2.11.67, p. 1975, reg. 2(b)

Regulation 137(1):

varied by Gaz. 2.11.67, p. 1975, regs. 2(a)-(c), 3

Regulation 137(2):

varied by Gaz. 2.11.67, p. 1975, regs. 2(a), 3

Regulation 137(3) and (4):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (b)

Regulation 138(2):

varied by Gaz. 2.11.67, p. 1975, reg. 2(b)

Regulation 138(3):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)

Regulation 138(4):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (b)

Regulation 138(5):

varied by Gaz. 2.11.67, p. 1975, regs. 2(b), 4

Regulation 139:

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)

Regulation 206 and heading:

varied by Gaz. 2.11.67, p. 1975, reg. 5

Regulation 214:

varied by 53, 1984, reg. 2(1)

Division 13 of Part I comprising regs. 227 - 236 and heading inserted

by Gaz. 30.9.71, p. 1232, reg. 2

Regulation 300:	definition of "quarry" varied by Gaz. 6.6.74, p. 2221, reg. 2
Regulation 303:	substituted by 5, 1979, reg. 1(3)
Regulation 317(1):	substituted by Gaz. 3.10.68, p. 1071, reg. 2
Regulation 356(5):	substituted by Gaz. 2.11.67, p. 1975, reg. 6
Regulation 356(6):	substituted by Gaz. 2.11.67, p. 1975, reg. 7; varied by 53, 1984, reg.

2(2)

First Schedule:

inserted by Gaz. 2.11.67, p. 1975

Regulation 367(4) and (6):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (c)

Regulation 367(7):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)-(c)

Regulation 367(8), (10)

and (11):

varied by Gaz. 2.11.67, p. 1975, reg. 2(b)

Regulation 368(1):

varied by Gaz. 2.11.67, p. 1975, regs. 2(a)-(c), 3

Regulation 368(2):

varied by Gaz. 2.11.67, p. 1975, regs. 2(a), 3

Regulation 368(3) and (4):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (b)

Regulation 369(2):

varied by Gaz. 2.11.67, p. 1975, reg. 2(b)

Regulation 369(3):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)

Regulation 369(4):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (b)

Regulation 369(5):

varied by Gaz. 2.11.67, p. 1975, regs. 2(b), 4

Regulation 370:

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)

Regulation 409 and heading:

varied by Gaz. 2.11.67, p. 1975, reg. 5

Regulation 418:

varied by 53, 1984, reg. 2(3)

Division 9 of Part II comprising regs. 431 - 440 and heading inserted by

Gaz. 30.9.71, p. 1232, reg. 3

Regulation 503:

substituted by 5, 1979, reg. 1(3)

Regulation 564(5):

varied by Gaz. 2.11.67, p. 1975, reg. 1

Regulation 574(4) and (6):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (c)

Regulation 574(7):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)-(c)

Regulation 574(8), (10)

and (11):

varied by Gaz. 2.11.67, p. 1975, reg. 2(b)

Regulation 575(1):

varied by Gaz. 2.11.67, p. 1975, regs. 2(a)-(c), 3

Regulation 575(2):

varied by Gaz. 2.11.67, p. 1975, regs. 2(a), 3

Regulation 575(3) and (4):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (b)

Regulation 576(2):

varied by Gaz. 2.11.67, p. 1975, reg. 2(b)

Regulation 576(3):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)

Regulation 576(4):

varied by Gaz. 2.11.67, p. 1975, reg. 2(a), (b)

Regulation 576(5):

varied by Gaz. 2.11.67, p. 1975, regs. 2(b), 4

Regulation 577:

varied by Gaz. 2.11.67, p. 1975, reg. 2(a)

Regulation 630 and heading:

varied by Gaz. 2.11.67, p. 1975, reg. 5

Regulation 637:

varied by 53, 1984, reg. 2(4)

Division 10 of Part III comprising regs. 650 - 659 and heading inserted

by Gaz. 30.9.71, p. 1232, reg. 4

Regulation 659:	varied by 110, 1988, reg. 3
Schedule:	inserted by Gaz. 30.9.71, p. 1232, reg. 4; redesignated as First Schedule

by 53, 1984, reg. 2(5)

Second Schedule:	inserted by 53, 1984, reg. 2(6); substituted by 239, 1987, reg. 3; 110, 1988, reg. 4; 121, 1989, reg. 3; 107, 1990, reg. 3; 128, 1991, reg. 3; 124, 1992, reg. 3; 120, 1993, reg. 3; 81, 1996, reg. 3
Part IV comprising regs. 801 - 814 and headings inserted by Gaz.

24.5.73, p. 2198, reg. 2