Mines Inspection (Amendment) Act 1978 (NSW)
| MINES | INSPECTION | ( A M E N D M E N T ) | A C T , | 1978 , |
N o . 145 ANNO VICESIMO SEPTIMO
ELIZABETHE II REGINE
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Act N o . 145 , 1 9 7 8 .
An Act to amend the Mines Inspection Act, 1901, in relation to mining operations carried on by dredges, the appointment of mine managers, the powers of inspectors, the use of certain mines for tourist or educational activities and the penalties that may be imposed under that Act, and in other respects.
[Assented to, 29th December, 1 9 7 8 . ]
BE 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. This Act may be cited as the "Mines Inspection (Amend
ment) Act, 1978".
(1 ) Except as provided in subsections (2) and ( 3 ) , this Act shall commence on the date of assent to this Act.
2 .
(2 ) Section 5, in its application to Schedule 2, and Schedule
2 shall commence on such day as may be appointed by the Gover nor in respect thereof and as may be notified by proclamation published in the Gazette.
( 3 ) Section 5, in its application to Schedule 8 (2) (a ) and
( c ) , ( 8 ) , ( 9 ) , ( 1 5 ) , ( 1 6 ) , (17) and ( 1 9 ) , and Schedule 8 (2 )
(a) and ( c ) , ( 8 ) , ( 9 ) , ( 1 5 ) , ( 1 6 ) , (17) and (19) shall com mence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 . This Act contains the following Schedules :—-
SCHEDULE 1 . — A M E N D M E N T S TO PART I OF THE
PRINCIPAL A C T .
SCHEDULE 2 . — A M E N D M E N T S TO PART II OF THE
PRINCIPAL A C T .
SCHEDULE 3 . — A M E N D M E N T S TO PART IV OF THE
PRINCIPAL A C T .
S C H E D U L E 4 . — I N S E R T I O N O F PART I V A INTO THE
PRINCIPAL A C T .
S C H E D U L E 5 . — A M E N D M E N T S TO PART VI OF THE
PRINCIPAL A C T .
S C H E D U L E 6 . — A M E N D M E N T S TO PART VII OF THE
PRINCIPAL A C T .
S C H E D U L E 7 . — R E P E A L OF SCHEDULE III TO THE
PRINCIPAL A C T .
S C H E D U L E 8 . — A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE L A W REVISION.
S C H E D U L E 9 .—SAVINGS AND TRANSITIONAL PROVISIONS.
The Mines Inspection Act, 1 9 0 1 , is referred to in this Act
as the Principal Act.
5 . The Principal Act is amended in the manner set forth in
| Schedules | 1 - 8 . |
Schedule 9 has effect.
SCHEDULE 1 .
A M E N D M E N T S TO PART I OF THE PRINCIPAL A C T .
( 1 ) (a ) Section 2 — After the matter relating to Part I V , insert:—
P A R T I V A . — T O U R I S T AND EDUCATIONAL
ACTIVITIES— s s . 4 8 A - 4 8 D .
(b) Section 2 —
From the matter relating to Part V I I , omit " 8 0 " wherever occurring, insert instead " 8 1 " .
( 2 ) (a) Section 4 ( 1 ) , definition of "Dredge"— Omit the definition.
(b) Section 4 ( 1 ) , definition of "Mine"—
After paragraph ( a ) , insert:—-
( a l )
any place where mining operations are carried out by means of dredging, pumping, sluicing or any similar method;
(c) Section 4 ( 1 ) , definition of "Machinery"—
After "engines,", insert "dredges,".
(d) Section 4 ( 1 ) , definition of "Treatment"— Omit "or a quarry".
( 3 ) Section 4 A — Omit the section.
SCHEDULE 2.
A M E N D M E N T S TO PART I I OF THE PRINCIPAL A C T .
| ( 1 ) | (a ) Section 5 ( 1 ) — |
Omit "in which more than ten persons are employed below ground".
(b) Section 5 ( 3 ) —
After "managers", insert ", or of a certificate of service as manager granted under this Act, being in each case a certificate that relates to a class of mine of which the mine is a member".
(c) Section 5 ( 4 ) —
Omit "Provided that where the total number of persons employed below ground", insert instead "Where the total number of persons employed".
(d) Section 5 ( 4 ) —
Omit "The Minister", insert instead "An inspector, upon the payment of such fee as the Minister may direct,".
(e) Section 5 ( 4 ) —
Omit "board of examiners of managers", insert instead
"inspector".
(f) Section 5 (5) — Omit "Provided also that i f , insert instead "Where".
(g) Section 5 ( 5 A ) — Omit "Provided also that where", insert instead
"Where".
(h) Section 5 ( 6 ) —
Omit "one hundred dollars", insert instead "$250".
SCHEDULE 2—continued.
A M E N D M E N T S TO PART II OF THE PRINCIPAL ACT—continued. (i) Section 5 ( 6 ) —
Omit "ten dollars", insert instead "$50".
(2 ) (a ) Section 6 (2 ) ( a ) — After "board", insert "and its membership in relation to any particular proceedings".
(b) Section 6 ( 3 ) —
After section 6 ( 2 ) , insert :—
(3) Rules made under subsection (2 ) may be made so as to apply differently in respect of different classes of mines or any other matter specified in the rules.
(3 ) Section 7 ( 2 ) , ( 3 ) —
At the end of section 7 , in se r t :— (2) The Minister shall specify in a certificate granted
under subsection (1) the class of mine to which it relates.
(3 ) A certificate that was granted under subsection (1) before the commencement of Schedule 2 to the Mines Inspection (Amendment) Act, 1978, and that had not been cancelled before that commencement shall, on and from that commencement, be deemed to relate to a below ground mine.
SCHEDULE 2—continued.
| A M E N D M E N T S | TO PART | I I OF THE PRINCIPAL | ACT—continued. |
(4 ) Section 8—
After section 7, insert :—
8. (1 ) A certificate of service as manager that relates to an above ground mine shall be granted by the Minister to a person who satisfies the board of examiners of managers that he has had satisfactory experience in New South Wales, before the commencement of Schedule 2 to the Mines Inspection (Amendment) Act, 1978, in the capacity of manager of an above ground mine in or about which more than 20 persons were ordinarily employed.
(2) A certificate of service granted under subsection
(1) shall—
(a) specify the class of above ground mine to which it relates; (b) contain particulars of the length and nature of the previous service, in respect of the class of mine to which the certificate relates, of the
person to whom the certificate is granted; and (c) for the purposes of this Act, have the same effect as a certificate of competency as manager
granted under this Act.
(3 ) The holder of a certificate of service granted under subsection (1) may be registered upon the payment of such fee as the Minister may direct.
SCHEDULE 2—continued.
A M E N D M E N T S TO PART II OF THE PRINCIPAL ACT—continued.
(5 ) Section 9 ( 3 ) , ( 4 ) —
After section 9 ( 2 ) , inse r t :— (3) The board of examiners of managers shall, when it approves a certificate under subsection ( 1 ) , specify in the instrument of approval the class of mine to which the certificate relates.
(4) A certificate that was approved under subsection (1) before the commencement of Schedule 2 to the Mines Inspection (Amendment) Act, 1978, and that had not been cancelled before that commencement shall, on and from that commencement, be deemed to relate to a below ground mine.
(6 ) Section 10—
After "competency", insert "or service".
(7 ) Section 1 1 —
After "competency", insert "or service".
(8 ) Section 23 ( 1 ) —
After "competency", insert "or service".
(9) Section 24 (a) —
After "competency", insert "or service".
SCHEDULE 3.
AMENDMENTS TO PART rv OF THE PRINCIPAL A C T .
| (1 ) | Section 3 5 — |
Omit the section.
| (2 ) | (a ) Section 37 ( 1 ) — |
Omit "one hundred dollars", insert instead "$250".
(b) Section 37 ( 1 ) —
Omit "ten dollars", insert instead "$50".
(c) Section 37 ( 2 ) —
Omit "Minister", insert instead "Chief Inspector, who may transmit a copy of the notice to the Minister".
(3) Section 37A—
After section 37, insert :—
37A. ( 1 ) Where an inspector is of the opinion that the
safety or health of persons employed in or about a mine orpart of a mine is seriously threatened as a consequence of—
(a) a contravention of the provisions of this Act, the general rules or any special rules applicable to
the mine; or (b) any matter, thing or practice required to be remedied under section 37 ( 1 ) ,
the inspector may, by an order in writing served on the owner or manager of the mine, require the owner or manager—
(c)
to withdraw forthwith from the mine or part of the mine, as the case may be, the persons employed in or about the mine or part; and
SCHEDULE 3—continued.
A M E N D M E N T S TO PART I V OF THE PRINCIPAL ACT—continued.
(d) not to employ any persons in or about the mine or part of the mine, as the case may be, until—
(i) the contravention of this Act, the general
rules or the special rules specified in the order has ceased or, as the case may be, the matter, thing or practice so specified has been remedied; or
(ii) the order is revoked under subsection
( 2 ) ,
whichever first occurs.
(2) An order under subsection (1) may be re voked by the Minister, by the Chief Inspector or by the inspector who served the order, by notice in writing served on the owner or manager of the mine to which the order relates.
(3) An order served on the owner or manager of a mine under subsection (1) does not apply to persons employed in or about the mine for the purpose of bringing about compliance with the provisions of this Act, the general rules or the special rules or remedying the matter, thing or practice, as the case may be, specified in the order.
(4) An owner or manager who fails to comply
with an order under subsection (1) is, unless the court is
satisfied that the inspector had no reasonable grounds forserving the order, guilty of an offence against this Act and, in respect of each day on which the failure occurs, liable to a penalty not exceeding $10,000.
(4) Section 41 ( 5 ) — Omit "or divulge any information derived therefrom without the authority of the owner or manager".
SCHEDULE 3—continued.
| A M E N D M E N T S | TO PART | I V OF THE PRINCIPAL | ACT—continued. |
| (5 ) | Section 42 ( 2 ) — |
Omit "sixty dollars", insert instead "$500".
| (6 ) | (a) Section 42A ( 1 ) — |
Omit ", quarry, or dredge,".
(b) Section 42A ( 3 ) — Omit ", quarries or dredges".
(c) Section 42A ( 3 ) —
Omit ", quarry or dredge".
| (7 ) | Section 4 2 B — |
Omit", quarry or dredge" wherever occurring.
| (8 ) | (a) Section 48 ( 1 ) — |
Omit "forty dollars", insert instead "$200".
(b) Section 48 ( 1 ) —
Omit "ten dollars", insert instead "$50". SCHEDULE 4.
INSERTION OF PART I V A INTO THE PRINCIPAL A C T .
After Part I V , insert :—
PART I V A .
TOURIST AND EDUCATIONAL ACTIVITIES.
48A. In this Par t—
"mine" means—
(a) a mine; or
(b) an abandoned mine,
that is not the subject of a mining lease under the
Mining Act, 1973;"permit" means a permit that has been issued under section 48c and that has not been revoked under section 48D.
48B. The owner of a mine shall not allow tourist activities
to be conducted in or about the mine or allow the mine to be
used principally for educational purposes unless—
(a)
the tourist activities or the use of the mine principally for educational purposes, as the case may be, are or is authorised by a permit issued to
that or any previous owner of the mine; and (b) he complies with the conditions (if any) to which the permit is subject.
Penalty: $500.
48c. (1) The Minister may, upon application being made to him in writing, issue a permit to the owner of a mine that authorises tourist activities to be conducted in or about the mine, or authorises the mine to be used principally for educational purposes, subject to such conditions (if any) as the Minister may specify in the permit.
SCHEDULE 4—continued.
INSERTION OF PART I V A INTO THE PRINCIPAL ACT—continued.
( 2 ) A permit shall not be issued under this section in
respect of a mine unless the Minister is satisfied that persons
can enter the mine without risk to their safety or health.
4 8 D . ( 1 ) The Minister may—
(a)
revoke a permit where a condition to which the permit is subject is breached or where the Minister is satisfied that persons can no longer enter the mine to which the permit relates without risk to their safety or health; or
(b)
from time to time vary the conditions to which a permit is subject.
( 2 ) A variation may be made under subsection ( 1 ) (b) by way of attachment, amendment or deletion of
conditions.
(3) A revocation under subsection ( 1 ) (a) or
variation under subsection ( 1 ) (b) does not take effect until notice of the revocation or variation is served on the owner of the mine to which the permit relates.
SCHEDULE 5.
AMENDMENTS TO PART V I OF THE PRINCIPAL A C T .
| ( 1 ) | (a) Section 55 (6) ( b ) — |
Omit "not being mining engineers, who are practical miners, to inspect the mine at their own cost; and either or both of the persons so appointed shall be allowed, at any time while men are working below ground, accompanied by an official of the mine, to go to every part of the mine and to inspect the shafts, levels, drives, cross-cuts, stopes, winzes, raises, old
SCHEDULE 5—continued.
A M E N D M E N T S TO PART V I OF THE PRINCIPAL ACT—continued. workings, and machinery", insert instead "not being persons employed in the mine, but being persons who have had practical experience in the type of mining operations being carried on at the mine, to enter the mine while it is in operation and to inspect, at their own cost, any part of the mine and any machinery used in or about the mine".
(b) Section 55 (6) ( b ) — Omit "When on such investigation the inspector is satisfied that danger exists in the mine, mining opera tions shall not be resumed in such part or parts of the mine as the inspector may specify until the inspector is satisfied that the danger has ceased to exist.".
(c) Section 55 ( 3 6 ) —
Omit "or quarry".
(d) Section 55 ( 6 4 ) — Omit the rule.
(e) Section 55 ( 6 5 A ) —
Omit "or quarry".(f) Section 55 ( 6 5 A ) —
Omit ", quarry,". (g) Section 55 ( 6 7 ) — Omit the rule.
(2) (a ) Section 56 (1) (b) ( v i ) — Omit "treated;", insert instead "treated.".
(b)
Section 56 (1) (b) (v i i )— Omit the subparagraph. SCHEDULE 6.
AMENDMENTS TO PART VII OF THE PRINCIPAL A C T .
| (1 ) | (a ) Section 67 ( 2 ) — |
Omit "two hundred dollars", insert instead "$500".
(b) Section 67 ( 2 ) —
Omit "fifty dollars", insert instead "$200".
(c) Section 67 ( 2 ) — Omit "forty dollars", insert instead "$100".
| (2 ) | Section 6 9 — |
Omit the section, insert instead :—
69. (1 ) Proceedings for an offence against this Act, section 24 excepted, may be taken before a court of petty sessions held before a stipendiary magistrate sitting alone or before the Supreme Court in its summary jurisdiction.
(2 ) If proceedings in respect of an offence against
this Act are brought in a court of petty sessions held beforea stipendiary magistrate the maximum penalty that the court may impose in respect of the offence is, notwithstanding any other provision of this Act, $2,000 (including any daily penalty) or the maximum penalty provided by this Act in respect of the offence, whichever is the lesser.
(3) If proceedings in respect of an offence against this Act are brought in the Supreme Court in its summary jurisdiction, the Supreme Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.
SCHEDULE 6—continued.
A M E N D M E N T S TO PART V I I OF THE PRINCIPAL ACT—continued. (4) Proceedings in the Supreme Court in its summary jurisdiction in respect of an offence against this Act may be commenced only within 6 months after the offence was committed.
(3 ) Section 7 0 — Omit the section.
(4) Section 71 ( 3 ) — After section 71 ( 2 ) , insert :—
(3) Proceedings for an offence referred to in section
37A (4) shall not be instituted except with the consent of
the Minister.
(5) (a ) Section 73 ( 2 ) — Omit "justice", insert instead "court".
(b) Section 73 ( 2 ) —
Omit "he", insert instead "it".
(6) (a ) Section 80 ( 1 ) — Omit "two hundred dollars", insert instead "$500". (b) Section 80 ( 3 ) —
Omit the subsection.
(c) Section 80 (4) —
Omit ", and any person who acts contrary to such declaration, shall be liable to a fine not exceeding twenty dollars", insert instead "shall be liable to a fine not exceeding $100".
SCHEDULE 6—continued.
| A M E N D M E N T S | TO PART | V I I OF THE PRINCIPAL | ACT—continued. |
(7) Section 8 1 —
After section 80, insert:—
81 . (1) A person shall not disclose any information obtained by him in connection with the administration or execution of this Act or in the exercise of any power conferred by this Act, unless the disclosure is made—
(a)
with the consent of the person from whom the information was obtained;
(b) in connection with the administration or execution of this Act or in the exercise of any
power conferred by this Act;(c) for the purposes of any legal proceedings arising out of this or any other Act or of any report of
any such proceedings;(d) for the purposes of any inquiry or proceedings conducted by a warden under this or any other
Act; or(e) with the concurrence of the Minister.
(2) A person shall not use for the purposes of
personal gain any information obtained by him in con
nection with the administration or execution of this Actor in the exercise of any power conferred by this Act.
Penalty: $1,000.
SCHEDULE 7.
R E P E A L OF SCHEDULE I I I TO THE PRINCIPAL A C T . Schedule I I I — Omit the Schedule.
SCHEDULE 8.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION.
(1) (a ) Section 2 —
From the matter relating to Part I , omit "4" , insert instead "4B".
(b) Section 2 —
Omit the matter relating to Division 4 of Part I V .
(c) Section 2—
From the matter relating to Division 2 of Part V I , omit "ss. 58-64" , insert instead "s. 58".
(2) (a ) Section 4 ( 1 ) , definition of "Check inspector"—
Omit "paragraph (b) of general rule six of section fifty-five of this Act", insert instead "the general rules, by the persons employed in a mine, to inspect the mine".
SCHEDULE 8—continued.
| A M E N D M E N T S | TO THE PRINCIPAL | A C T | BY WAY OF STATUTE | L A W |
REVISION—continued.
(b) Section 4 ( 1 ) , definition of "Division"—
Omit the definition.
(c) Section 4 ( 1 ) , definition of "General rule"—
Before the definition of "Inspector", insert:—
"General rule" means general rule made or deemed
to be made under section 56.
(d) Section 4 ( 1 ) , definition of "Metal" and "mineral"— Omit "as amended by subsequent Acts,".
(e) Section 4 ( 1 ) , definition of "Treatment"—
Omit "; and 'treat' and derivatives therefrom have a corresponding meaning".
(f)
Section 4(1), definition of "Warden"— Omit ", or any Act amending or repealing the same".
| (3) Section 12 ( 1 ) — |
Omit "paragraph (g) of subsection two of section thirteen of this Act", insert instead "section 13 (2) (g )" .
(4) Section 14 ( 1 ) —
Omit "paragraphs ( d ) , (e) and (f) of subsection two of section thirteen of this Act", insert instead "section 13 (2)
( d ) , (e) and ( f )" . SCHEDULE 8—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE L A W REVISION—continued.
(5) Section 20 ( 1 ) — Omit "or Police".
(6 ) Section 2 4 — Omit ", with or without hard labour".
(7) Section 31 ( 3 ) —
Omit "either of the two next preceding sections", insert instead "section 29 or 30".
(8) Section 36 ( a ) —
After "Act", insert "and the general rules and special rules
(if any) in force therein".
(9) Section 37 ( 1 ) —
After "or by any", insert "general or".
(10) Section 42A ( 2 ) — Omit "of the Department of Mines".
(11) Section 43 ( 2 ) — Omit "paragraph (b) of subsection one of this section",
insert instead "subsection (1) ( b ) " . SCHEDULE 8—continued.
| A M E N D M E N T S | TO THE PRINCIPAL A C T BY WAY OF STATUTE | L A W |
REVISION—continued.
(12) Section 48 ( 3 ) —
Omit the subsection, insert instead :—
(3) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this section as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.
(13) Section 4 9 —
Omit "division", insert instead "Part".
(14) (a) Section 55 ( 2 ) —
Omit "Notwithstanding anything to the contrary con tained in the Explosives Act, 1905, as amended by subsequent Acts, explosives", insert instead "Explosives".
(b) Section 55 (2) (a ) ( i i i )—
Omit "liable to a penalty not exceeding one hundred dollars", insert instead "guilty of an offence".
(c) Section 55 (2) (d) ( i ) —
After "section 26 ( 4 ) " , insert "of the Mines Inspection Act, 1901,".
(d) Section 55 ( 4 ) —
Omit "against this Act, and be liable to a penalty of not less than four dollars".
(e) Section 55 (6) ( b ) —
Omit "the Act", insert instead "the Mines Inspection
Act, 1901,".
59941E-55
SCHEDULE 8—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE L A W REVISION—continued.
(f) Section 55 ( 9 c c ) ( d ) — After section 55 ( 9 c c ) ( c ) , insert :—
(d) A person who fails to comply with an order under paragraph (a) shall be guilty of an offence.
(g) Section 55 (10) ( a ) , definition of "Boiler inspector"— Omit "this Act", insert instead "the Mines Inspection Act, 1901,".
(h) Section 55 (10) ( j ) —
Omit "against this Act".
(i) Section 55 ( 4 3 ) —
Omit ", provided after the commencement of this
Act,".
(j) Section 55 ( 5 1 ) — Omit "this Act", insert instead "the Mines Inspection
Act, 1901, these rules".
(k) Section 55 ( 5 2 ) — Omit "this Act" wherever occurring, insert instead "the Mines Inspection Act, 1901, or these rules".
(1) Section 55 ( 5 3 ) — Omit "this Act", insert instead "the Mines Inspection
Act, 1901, or these rules".
(m) Section 55 (54) ( b ) —
Omit "against this Act".
S C H E D U L E 8—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF STATUTE LAW
REVISION—continued.
(n) Section 55 (62)—
Omit "against this Act".
(o) Section 55 (67A) (e )—
Omit "against this Act".(p) Section 55 (67A) (g)—
Omit "this Act", insert instead "the Mines Inspection
Act, 1901,".
(q) Section 55 (73)—
Omit "this Act", insert instead "the Mines Inspection
Act, 1901".
(15) Section 55—
Omit the section.
(16) (a) Section 56 (1) ( a )—
Omit the paragraph.
(b) Section 56 (1) (b) (vi)—
Omit "any other matter dealt with in the general rules hereinbefore set out; and".
(c) Section 56 ( 1 A ) — After section 56 (1) , insert:—
(1A) The general rules in force immediately before the repeal of section 55 by the Mines Inspection (Amendment) Act, 1978, shall, notwithstanding that repeal, continue in force and shall be deemed to have been made under subsection ( 1 ) .
SCHEDULE 8—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF STATUTE LAW
REVISION—continued.
(d) Section 56 ( 2 ) - ( 2 B ) — Omit section 56 (2) , insert instead :—
(2) A general rule may, with such adaptations (if any) as are specified therein, adopt by reference any specified document or specified part of a document, but only to the extent that the document or part contains provisions for or with respect to which a general rule may be made.
(2A) A provision of a general rule may—
(a)
apply generally or be limited in its appli cation by reference to specified exceptions or factors;
(b)
apply differently according to different factors of a specified kind; or
(c)
authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
(2B) Section 41 of the Interpretation Act, 1897, applies in respect of a general rule made under this
section as if this Act had been passed after the commencement of the Interpretation (Amendment)
Act, 1969.
(e) Section 56 (3 )—
Omit "Such", insert instead "Subject to subsection
(4), the general".
(f) Section 56 (3), proviso—
Omit the proviso.
SCHEDULE 8—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF STATUTE LAW
REVISION—continued.
(g) Section 56 (4 )—
After section 56 (3) , insert:—
(4) The Governor may, by proclamation pub lished in the Gazette, exempt any mine or class of mine or any part of a mine from the operation of the general rules or any of them, either without condi tions, or during the time and on the conditions specified in the proclamation.
(17) Section 57—
Omit "hereinbefore set out, or any of such rules as amended, or any general rule made under this Act,".
| (18) | Section 58 (1A), ( 1 B ) — |
Omit section 58 (1A), insert instead:—
(1A) A provision of a special rule may—
(a)
apply generally or be limited in its application by reference to specified exceptions or factors;
(b) apply differently according to different factors of
a specified kind; or (c)
authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
(1B) Subject to subsection (4) , section 41 of the Interpretation Act, 1897, applies in respect of a special rule made under this section as if this Act had been passed after the commencement of the Interpretation (Amend ment) Act, 1969.
S C H E D U L E 8—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE L A W REVISION—continued.
(19) (a) Section 6 5 —
After "this Act" where firstly occurring, insert ", the general rules".
(b) Section 6 5 —
After "this Act" where secondly occurring, insert "and the general rules".
(c) Section 65 ( a ) —
Omit "the Act and copy of the rules", insert instead "this Act and the general rules and the copy of the special rules".
(20) Section 67 ( 3 ) —
After section 67 ( 2 ) , insert: —
(3) The penalty for an offence against this Act relating to the storage or use of explosives in or about a mine is a fine not exceeding $1,000.
(21) Section 6 8 —
Omit "with or without hard labour". (22) Section 7 9 — Omit the section.
S C H E D U L E 9 .
SAVINGS AND TRANSITIONAL PROVISIONS.
1. Nothing in section 5 of the Principal Act, as amended by this Act, prevents a person who was, immediately before the commencement of Schedule 2, managing—
(a) a mine (whether above or below ground) in or about which 20 or fewer persons were employed from managing that mine until the date that is 1 month after that commencement; or (b) an above ground mine in or about which more than 20 persons were employed from managing that mine until the date that is 12 months after that commencement.
2. Notwithstanding anything in section 48B of the Principal Act, as amended by this Act, a person is not guilty of an offence under that section in respect of any act done or omitted to be done at a mine before—
(a) the day that is 1 month after the commencement of that section; or
(b)
where an application is made after that commencement and before the day referred to in paragraph (a) for a permit under section 48c of the Principal Act, as so amended, in respect of the mine—
(i) the day on which the permit is issued; or
(ii) the day on which the applicant is notified that a permit will not be issued in respect of the mine,
as the case may be,
whichever day is the later.
3. A proclamation made under section 55 or 56 (3) of the Principal Act and in force immediately before the commencement of Schedule 8 (15) and (16) shall, on and after that commencement, be deemed to be a proclamation made under section 56 (4) of the Principal Act, as amended
| by this Act. |
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