Mines Inspection (Amendment) Act 1945 (NSW)

MINES INSPECTION (AMENDMENT) ACT.

Act No. 4, 1945.

An Act to extend certain provisions of the Mines Inspection Act, 1901, to quarries and dredges; to amend the Mines Inspec- tion Act, 1901, and certain other Acts; and for purposes connected therewith. [Assented to, 14th March, 1945.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of
the same, as follows :—-
to as the Principal Act.

(1) This Act may be cited as the "Mines Inspection (Amendment) Act, 1945."

1 .

(2) This Act shall be read and construed with the Mines Inspection Act, 1901, as amended by subsequent Acts and by the Governor in pursuance of the powers conferred by section fifty-six of the Mines Inspection Act,

1901, which Act, as so amended, is in this Act referred

(3) The Mines Inspect ion Act, 1901, as amended by subsequent Acts and by this Act and by the Governor as aforesaid, may be cited as the Mines Inspect ion Act, 1901- 1945.

(4) This Act shall commence upon a day to be appoin ted by the Governor and notified by proclamat ion published in the Gazette.

1. The Pr inc ipa l Act is amended—

(a) by inserting in subsection one of section four next af ter the definition of " B o y " the following new definition:—

" C h e c k i n s p e c t o r " means a person

appointed under p a r a g r a p h (b) of genera l rule six of section fifty-five of this Act.

(b)	by inserting in the same subsection next after the
definition of " D i v i s i o n " the following new

definition:—

" D r e d g e " means dredge, barge , pontoon, or other s t ruc ture used in ca r ry ing on mining opera t ions by means of dredg­ ing, pumping, sluicing, or similar method.

(c)	by inserting in the same subsection in the
definition of " M a c h i n e r y " af ter the word
" e n g i n e s " the words "e lec t r ic m o t o r s " ;
(d)	by omit t ing from the definition of " M a n a g e r "
in the same subsection the word " m i n i n g " ;
(e)	by inserting in the same subsection next after the
definition of " M a n a g e r " the following new

definition:—

" M e t a l " and " m i n e r a l " includes gold,

sandstone, basalt , andesi te , t rachyte , po rphy ry and any substance which is for the time being a minera l within the meaning of the Mining Act, 1906-1935, but does not include coal or shale.

(f)

(f) (i) by omit t ing from the definition of " M i n e "

in the same subsection the word " q u a r r y " ;

(ii)   by inserting at the end of the same defini­ tion the words " a n d also includes any q u a r r y " .

(g)	by inserting in the same subsection next after
the definition of " P l a n " and " s e c t i o n s " the

following new definition:—

" Q u a r r y " includes any place, open cut, or excavation wherein or whereby any opera t ion is carr ied on above ground for or in connection with the purpose of obtaining any meta l or minera l other than coal or shale and any place adjoin­ ing there to on which any produc t of the

q u a r r y is stacked, s tored or crushed.

The Pr inc ipa l Act is fur ther amended by inser t ing next after section four the following new sect ion:—

3.

4A. (1) The Governor m a y by proclamat ion

published in the Gazette declare t ha t the provisions

of—

Division 2 of P a r t I I of this Act,

Division 3 of P a r t I I of this Act, so fa r as such

Division re la tes to engine-drivers,

Sections thir ty-six, thir ty-seven, thir ty-nine,

for ty- three, forty-six and forty-eight of this

Act, and

P a r t V I of this Act,

tion, shall apply, muta t i s mutandis , to and in respect	or such of them as m a y be specified in such proclama­
of dredges .
(2) The proclamat ion shall set out the provi­ sions, declared to apply as aforesaid, with such modifications and adap ta t ions as the Governor may deem necessary for the purposes of the applicat ion of such provisions to dredges .

The provis ions so set out shall—

(a) be in the form of a Schedule to be inserted in this Act ;

(b)

(b) be thereaf te r p r in ted by the Government

P r i n t e r as a Schedule to this Act in any

r ep r in t thereof; and

(c) have the same force and effect as if origin­ ally inser ted in this Act.

(3) A n y proclamat ion under this section may from time to t ime be amended, rescinded or substi­ tu ted by a like proclamation.

1. (1) The Pr inc ipa l Act is fur ther amended—

(a)	by omitting subsection four of section five and
by inser t ing in lieu thereof the following

subsection:—

(4) P rov ided tha t where the to ta l number of persons employed below ground in a mine does not exceed twenty, i t shall be sufficient for the manage r to hold a permi t . The Minis ter is hereby author ised to g r a n t such pe rmi t to any person who, in the opinion of the board of examiners of managers , has had sufficient experi­ ence to manage the mine in question. I n the event of any person, who is the holder of such a pe rmi t to manage a mine, ceasing a t any t ime to have charge of such mine he shall deliver up such permi t to the Unde r Secre tary wi th in one month for cancellation.

(b)

by inserting next after subsection five of the same section the following new subsection:—

(5A) P rov ided also t ha t where a manage r is absent from a mine for purposes of recreat ion or other cause for any per iod not exceeding two months in any one y e a r the owner, subject to the approva l of the Chief Inspector , may appoint a competent person to be manage r dur ing the per iod of such absence. The person so appointed shall have had not less than three y e a r s ' pract ica l experience in a mine.

(2) The amendment made by p a r a g r a p h (a) of sub­
section one of th is section shall not affect the va l id i ty of

any permi t g ran ted by the Minister under subsection four

of

of section five of the Pr inc ipa l Act before the commence­ ment of th is Act and hav ing force or effect immedia te ly before such commencement; and any such permi t shall, no twi ths tand ing the enactment of p a r a g r a p h (a) of sub­ section one of this section, continue to have force and effect unt i l the expira t ion of the period of twelve months for which it was gran ted .

5.     The Pr inc ipa l Act is fur ther amended—

(a) by omitting section twelve and by inserting in lieu thereof the following section:—

12. (1) Any person—

(a)	who is not registered as the holder of a certificate of competency or of service as an engine-driver g ran ted under this Act or of a certificate approved by the board of examiners of engine-dr ivers ; or
(b)	who (whether or not the holder of a certificate as aforesaid) by reason of deafness, to ta l or pa r t i a l , or defective sight or being subject to fits, giddiness or any other infirmity is unable to d ischarge his duties efficiently,

and who is in charge of machinery in use a t any mine in which steam, water , electricity, gas, oil, or air , or any two or more of them are used as motive power (except water power used for pumping) and any other person who, knowing tha t such person is not reg is te red as the holder

of such certificate, or tha t he is subject to such	defect or infirmity, employs any such person as
aforesaid, shall be guil ty of an offence aga ins t this Act.
(2) Any person who being regis tered as the holder of a certificate as aforesaid is in charge of any machinery in use a t any mine and such machinery is not of the class or descript ion of machinery of which he m a y be in charge or have the managemen t unde r the au thor i ty of such certificate shall be guil ty of an offence aga ins t this Act.

(3)

( 3 ) This section shall not extend to

persons in charge of—

(a)	electric motors, other than those used
for opera t ing winding engines, in

which the s ta r t ing , s topping and acceleration a re effected by contactor switches opera ted either automatical ly or by push but tons , and which are so used t h a t in the opinion of an inspector there exists no r isk to life or limb by such method of control, and provided the person who per forms the duties of periodic inspection and servicing of such motors is regis tered as the holder of an electric motor d r ive r ' s certificate of competency

g ran ted under this Ac t ;
(b)	bor ing machines, s inking pumps ,

electric motors not exceeding five horse power, a i r motors not exceeding ten horse power, and a i r winches not exceeding ten horse power when installed for haul ing stope supplies.

(b ) by inser t ing next after p a r a g r a p h (f) of sub­

section two of section th i r teen the following

new	p a r a g r a p h : —
(g) prescribing the classes of certificates of competency or service as engine- dr ivers to be g r an t ed under this Act,

machinery of which the holder shall be

of certificate the class or descript ion of and prescr ib ing in respect of each class

author ised to be in charge or have the
management .

(c ) (i) by omit t ing from section fourteen all

words af ter the word " e n g i n e - d r i v e r s " and by inser t ing in lieu thereof the words " t o have complied with the provisions of the rules made under p a r a g r a p h s (d ) , (e) and (f) of subsection two of section th i r teen of th is Act and to have produced evidence

sat isfactory

sat is factory to the said board of his physical fitness and tha t his sight, hea r ing

and other faculties are u n i m p a i r e d " ;

(ii)   by inserting at the end of the same section the following new subsect ions:—

(2 ) E v e r y such certificate shall specify the class or descript ion of machinery of which the holder is thereby author ised to be in charge or have the management . E v e r y certificate, g r an t ed under th is Division of this P a r t of this Act e i ther before or after the commencement of t he Mines Inspect ion (Amendment) Act, 1945, shall be valid and effectual only in respect of the class or descript ion of machinery to which such certificate re la tes .

( 3 ) W h e r e the holder of a certificate

g ran ted under this Division of this P a r t of th is Act au thor i s ing h im to be in charge or have the management of a pa r t i cu la r class of machinery makes appl icat ion for a certificate of a h igher g rade in the same class the Minis ter may, before issuing the h igher g rade certificate, requi re the appli­ cant to deliver up for cancellation the certificate held by him and upon the issue of the certificate of a higher grade , the Minis ter may cancel the certificate so

delivered	up .
(4) If any appl icant fails or refuses to deliver up any certificate in accordance with the requi rement of the Minis ter under sub­ section three of this section the Minis ter may withhold the issue of a certificate of a h igher g rade unt i l such requi rement h a s been complied with.

(d)	by inserting at the end of subsection one of section sixteen the words " a n d of his physical fitness and tha t his sight, hea r ing and other
faculties are u n i m p a i r e d . "

6.     The Pr inc ipa l Act is fur ther amended—

(a) by omitting from subsection four of section

twenty-six the words " n o t n o w " ;

(b) by omit t ing section twenty-seven.

7.     The Pr inc ipa l Act is fur ther amended—

(a) by inserting at the end of section thirty-five the words " A n y person accompanying an inspector pu r suan t to section thi r ty-s ix of th is Act who, wi thout the consent of the owner of the mine, divulges or makes known to any person other t han the Chief Inspector , Under Secre tary , Minister, or inspector whom he so accompanies, except as a witness in a court of just ice, any information obtained by him whilst so accom­ pany ing such inspector, shall be liable to a

penal ty not exceeding fifty p o u n d s . "

(b) (i) by inser t ing next after p a r a g r a p h (b) of

section thir ty-s ix the following new para ­

g raph :—

(bi) enter upon any pr iva te land in the

performance of his du t ies ;

(ii)	by inser t ing next after p a r a g r a p h	(c) of the
same section the words—

" T h e Minister may author ise any sur­ veyor, engineer, electrician, medical prac­

t i t ioner, or other competent person to accompany an inspector above or below ground for the purpose of assis t ing h im in mak ing invest igat ions or in ca r ry ing out his duties or the exercise of his powers under

this A c t . "

(iii)   by inserting in the same section after the words " d u l y under this A c t " the words " o r any person so author ised to accompany h i m " ;

(iv)

(iv)   by inserting in the same section after the

words " t h e i n s p e c t o r " the words " o r per­

son so author ised to accompany h i m " ;

(c) (i) by inser t ing a t the end of subsection one of

section forty-one the words—

" T h e owner or manage r of a mine, on being ordered to do so by the Minister b y notice in wri t ing, shall supply to an inspec­ tor a copy or t rac ing of the plan and sec­ t ions deposi ted in the office a t the mine in accordance with the foregoing provis ions of this subsection and if such owner or mana­ ger fails within the t ime specified in such notice to supply such copy or t rac ing as aforesaid he shall be guil ty of an offence agains t this Act. Such copy or t rac ing shall be filed by the inspector to whom it is sup­ plied in the records of the D e p a r t m e n t of M i n e s . "

(ii)   by inserting in subsection four of the same

section af ter the word " o w n e r " where

secondly occurr ing the words—

" T h e Minis ter may by notice in wr i t ing direct the owner or manage r of any mine whether any men a re employed below ground or not to supply to an inspector an accurate p lan and sections of the mine work ings . ' '

(iii)  by omitting from the same subsection the words " t o make and d e p o s i t " and by insert­

ing in lieu thereof the words " o r direction
of the Minister , as the case may be, to make
and deposit or s u p p l y " ;
(iv)	by inserting next after the same subsection the following new subsection:—
( 5 ) The owner or manage r of any mine shall, on the request of a check inspector , produce to the check inspector a t the office of the mine dur ing an inspection of the mine the p lan and sections deposi ted there in p u r s u a n t to the requi rements of this section.

The

The check inspector shall be entit led to examine such plan and sections but shall not take away from the mine any copy thereof or divulge any informat ion derived there­ from without the au thor i ty of the owner or manager .

Any owner, manage r or check inspector who contravenes the provis ions of this sub­ section shall be guil ty of an offence agains t this Act.

1. The Pr inc ipa l Act is fu r ther amended by inser t ing

next a f ter section forty-two the following new sect ions:—

42A. (1) The owner of every mine, qua r ry , or dredge shall, not la te r than the fifteenth day of F e b r u a r y in each year , furnish to the Under

Secre ta ry a full r e tu rn	showing—
(a)	the quantity and value of the metal or minera l won from such mine or qua r ry , or from mining operat ions conducted by means of such dredge, du r ing the year ending the thirty-first day of December next preceding;
(b)	the average number of men employed in or about such mine, quar ry , or dredge du r ing such yea r ; and

(c) such fur ther par t i cu la rs re la t ing to the

work ing and operat ions of the mine, qua r ry or d redge (other t h a n those re la t ing to work ing costs or costs of product ion) as the Under Secre tary may from t ime to t ime require .

(2) E v e r y such r e tu rn shall be in the form

prescr ibed by the Minister , and if the owner of any such mine, qua r ry , or dredge is a public company, such r e t u r n shall be furnished by the m a n a g e r or person act ing in the management , or by the secre tary of the company.

(3) Any such owner, manager , person, or secre ta ry who fails to furnish a r e t u r n within the prescr ibed t ime or in the prescr ibed form, or makes any r e t u r n which is to his knowledge false in any par t icu la r , shall be guil ty of an offence aga ins t this

Act. (4)

(4) The Minis ter may cause to be published the resul ts of the r e tu rns made under this section with respect to the whole of New South Wales , or to any par t i cu la r mining distr ict , or mining division, or any large por t ion thereof.

(5) E v e r y ore buyer shall keep a record of all metals , minerals , ore or concentrates purchased by him. Such record shall s ta te the quant i ty and value of the metals , minera ls , ore or concentra tes , the name of the seller, the mine, q u a r r y or dredge from which the metals , minera ls , ore or concentrates were obtained and the t i t le under which such mine, q u a r r y or dredge is held. Such record shall be open to inspection by an inspector of mines or any person author ised in wr i t ing for tha t purpose by the Minis­ ter , and a copy thereof shall be furnished to the Under Secre tary at such t imes as he may require . Such record shall be regarded as confidential and shall not be published in detai l except wi th the consent of the ore buyer .

42B. (1) The owner or manage r of any mine, qua r ry or dredge who proposes to dril l a borehole or to extend an exist ing borehole to a depth exceed­ ing for ty feet shall, before commencing the work, notify the Chief Inspec tor of his intention, and furnish to him par t i cu la r s of the location of the bore­ hole, and shall also ei ther before or af ter commenc­ ing the work, furnish such addi t ional par t i cu la rs in relat ion to the borehole as the Chief Inspec tor may require .

(2) Where , in the course of dri l l ing any such

borehole, a core is obtained, such core (other than

ma te r i a l theref rom required for purposes of a s say) or if no core is so obtained, samples of the mate r ia l obtained, shall be labelled and preserved by the owner or manage r of the mine, q u a r r y or dredge for a t least one year after the completion of the borehole in such manner as the Chief Inspector may d i rec t :

P rov ided tha t no samples need be kept where the borehole is sunk in surface grave l or alluvial g r o u n d :

Provided

Provided fur ther t ha t before disposing of any core or samples af ter the expiry of a year a t least two weeks notice thereof shall be given by the owner or manager to the Chief Inspector .

(3) Cores and samples p rese rved as afore­ said shall at all t imes be available for examinat ion by the Government Geologist, Geological Surveyor or inspector of mines, or any other officer au thor ised in t ha t behalf by the Minister , and specimens may be taken for purposes of assay or other t rea tment , but no informat ion obtained as a resul t of such examinat ion or t r ea tment shall be published without the consent of the owner or manage r unless the Minister sees fit to direct otherwise.

(4) The owner or manage r of any mine, q u a r r y or dredge who fails to act in compliance with this section or with any direction given the reunder shall be guil ty of an offence agains t this Act.

1. The Pr inc ipa l Act is fur ther amended—

(a) by inserting next after subsection two of section for ty- three the following new subsection:—

(2A) Af te r an explosion or accident in or about any mine, whether above or below ground, the manage r shall permi t a repre­ sentat ive of the persons employed in or about the mine, who shall be one of the persons so employed, and a check inspector to make an inspection of the place where the explosion or accident occurred as soon as such inspection can

in company with an inspector , if one is available.	safely be made. Such inspection shall be made
Such represen ta t ive and check inspector shall, before leaving the mine, r epor t in a book to be kept a t the mine for the purpose the resul t of
the i r inspection.

(b) (i) by omit t ing from section fo r ty - fou r the

words " n o t less than t w e n t y " and by inser t ing in lieu thereof the words " a total

of not less than t e n " ;

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

same section af ter the word " s h a f t " the

words " o r dr iv ing a t u n n e l " ; (c)

(c) (i) by omit t ing from subsection one of section

forty-five the words " a n d every side

ent rance from the s u r f a c e " and by inser t ing in lieu thereof the words " a n d any other opening considered to be a source

of danger by an i n s p e c t o r " ;

(ii)   by omitting from subsection five of the same section the words " o r side e n t r a n c e " and by inser t ing in lieu thereof the words " o r o p e n i n g " ;

(d) (i) by inser t ing in subsections one and two of

section forty-six af ter the word " b o i l e r "

wherever occurr ing the words " o r	air
r e c e i v e r " ;

(ii)   by omitting from subsection two of the same section the words " a n inspector of mines o r " ;

(iii)   by inserting at the end of the same section the following new subsect ions:—

(4) Whenever any person to whom a license has been g ran t ed under this section proves to the sat isfaction of the Minis ter tha t he has , wi thout fault on his pa r t , lost or been depr ived of such license, the Minis ter may cause a s ta tement containing such pa r t i cu la r s as the records of the D e p a r t m e n t of Mines may disclose wi th r ega rd to the g r a n t of such license to be made out and certified by the Chief

Inspec tor and delivered to the appl icant .

Any such s ta tement shall have the same effect as the original license, and for the purposes of this Act shall be deemed to be a license of the same na tu r e as the or iginal license.

(5) The Minis ter may make ru les—

(a)	prescribing the qualifications of appl icants for licenses under th is section;
(b)	prescribing the places and times of
holding examina t ions ;

( c )

(c)	prescribing the fee to be paid by an : applicant desiring to be examined;
(d)	prescribing the fees to be charged for the examination and testing of boilers and/or air receivers under this section.

1 0 . The Principal Act is further amended by inserting at the end of subsection one of section fifty-six the following new sub-paragraph:—

(vii)   the working of machinery on dredges and making provision for the safety of life and property in connection with dredges.

1 1 . The Coroners Act, 1912, as amended by subsequent Acts, is amended by inserting at the end of section seven- teen the following new subsection:—

(5) The provisions of this section shall apply, mutatis mutandis, to and in respect of coroner's inquests on the bodies of persons whose death may have been caused by explosions or accidents on dredges within the meaning of the Mines Inspection Act, 1901-1945.