Mines Inspection (Amendment) Act 1962 (NSW)

MINES INSPECTION (AMENDMENT) ACL

Act No. 8, 1962.

An Act to make further provisions for the regulation and inspection of mines other than coal and shale mines; for this and other purposes to amend the Mines Inspection Act, 1901, as amended by subsequent Acts and by the Governor in pursuance of the powers conferred by sections 4A and fifty-six of that Act, as so amended; and for purposes connected therewith. [Assented to, 21st May, 1962.]

(1) This Act may be cited as the "Mines Inspection (Amendment) Act, 1962". (2)

T>E it enacted by the Queen's Most Excellent Majesty, by •*-* and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —

1.

(2) The Mines Inspection Act, 1901, as amended by subsequent Acts, by the Governor in pursuance of the powers conferred by sections 4A and fifty-six of that Act, as so amended, and by this Act, may be cited as the Mines Inspec­ tion Act, 1901-1962.

1. (1) The Mines Inspection Act, 1901, as amended by

subsequent Acts and by the Governor as aforesaid, is

amended—

(a)	(i)	by inserting in subsection one of section four in the definition of "Inspector" after the words "electrical inspector of mines" the words "and inspector of mechanical engineering";
(ii)	by omitting from the definition of "Mine" in the same subsection the words "includes any quarry." and by inserting in lieu thereof the word and paragraphs "includes—

(a) any quarry;

(b)	any place where two or more men are employed in connection with prospec­ ting operations for the purposes of the discovery or exploration of or for any metal or mineral whether by drilling, boring or any other method; and
(c)	so much of the surface of any place and the buildings, workshops, change- houses, structures and works thereon,

struction or erection, surrounding or whether completed or in course of con­

adjacent to the shaft, outlets or site,

of a mine as hereinbefore defined as are occupied by the owner together with the mine for the purposes of or in connection with the working of the mine, or the removal from the mine of refuse, or the health, safety or welfare of persons employed in, at or about the mine.";

(in)

(iii)   by omitting from the same subsection the definition of "Metal" and "mineral" and •by inserting in lieu thereof the following definition : —

"Metal" and "mineral" includes gold, sand­ stone, basalt, andesite, trachyte, por­ phyry, any substance which is for the time being a mineral within the meaning of the Mining Act, 1906, as amended by subsequent Acts, and any other substance or rock used for com­ mercial or industrial purposes, but does not include coal or shale,

(iv) by omitting subsection two of the same section.

(b)	by inserting in subsection one of section 4A after the word "forty-three" the words ", forty-four, forty- five";
(c)	by omitting subsection one of section twenty-six and by inserting in lieu thereof the following subsection : —

(1) Boys under the age of sixteen years and females shall not be employed in or about any mine :

Provided that boys not under the age of fifteen years may be employed as apprentices above ground and where the Minister is satisfied that working conditions are suitable, females may be employed in the main office at a mine or in any other surface work;

(d)	(i) by inserting in subsection one of section thirty- mines" the words "and inspectors of mechani­ cal engineering";	two after the words "electrical inspectors of
(ii)	by inserting at the end of subsection four of the same section the words "and by inspectors of mechanical engineering only in relation to the installation and use of machinery and the erection of buildings, workshops, change- houses, structures or works in or about a mine";

(iii)

(iii)   by inserting in paragraph (a) of subsection five of the same section after the words "electrical inspector" the words "or an inspector of mechanical engineering";

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

(b) An electrical inspector shall be the holder of a degree or diploma in electrical engineering from the University of Sydney, the University of New South Wales or other educa­ tional body approved by the Department of Mines or a qualification recognised by the Department of Mines as equivalent to any such degree or diploma.

(v)   by inserting at the end of the same subsection the following new paragraph : —

(c) An inspector of mechanical engineering shall be the holder of a degree or diploma in mechanical engineering from the University of Sydney, the University of New South Wales or other educational body approved by the Department of Mines or a qualification recog­ nised by the Department of Mines as equivalent to any such degree or diploma.

(e) by omitting section thirty-three;

(f)	by omitting from subsection one of section forty- three the words "the inspector of the district" and by inserting in lieu thereof the words "an inspector";
(g)	(i) by omitting from section forty-four the words "in which a total of not less than ten persons are employed below ground" and by inserting in lieu thereof the words "in or about which two or more persons are employed";

(ii)

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

(a) where any working is commenced—

(i)   for the purpose of sinking a shaft or driving a tunnel for the pur­ pose of opening up a vein, lode or mineral deposit; or

(ii) in connection with quarrying

operations; or;

(h)	(i)	by omitting from paragraph (b) of general rule six in section fifty-five the words "the inspector of the district" and by inserting in lieu thereof the words "an inspector";
(ii)	by omitting from general rule thirty-six in the same section the words "the District Inspector of Mines" and by inserting in lieu thereof the words "an inspector";
(iii)	by omitting from paragraph (c) of general rule fifty-six in the same section the words "the inspector for the district" and by inserting in lieu thereof the words "an inspector";

(i)   by omitting from subparagraph one of paragraph eight of Schedule III published in Gazette No. 66 of the twenty-ninth day of June, 1945, and as subsequently amended, the words "the inspector of the district" and by inserting in lieu thereof the words "an inspector".

(2) The amendment made by paragraph (c) of sub­ section one of this section shall not apply to persons employed in or about any mine immediately before the commencement of this Act.

(3) Any reference in any Act, regulation or other instrument to an inspector for the district, an inspector of the district or any like expression shall be deemed to be a reference to an inspector.

SYDNEY