Mines Regulation Act 1895 (WA)
The ,A117183 ReCiztlation„let, 1895.
(59 Viet., Na. 37.)
ARRANGEMENT OF SECTIONS.
| Section. | (S.) Drive and excavation to be pro- |
| 1. Short title. | tected. |
| 2. Limitation of Act. | (9.) Division of shaft. |
| 3. Division of Act. | ( 1 o.) Signalling. |
| 4. Interpretation. | (13.) Proper ladder or footway. |
| 5. Penalties for offences against this Act. | (t4.) Slipping of rope on drum. |
| O. Incorporation of Sections A and D of | (15.) Brake. |
| Schedule to " Shortening Ordinance, | (16.) Person in charge of machinery. |
| 1853." | (1 7.) Means of egress to be kept ready |
for use.
22.) Brace and tramways.
23.) Fencing and machinery.
24.) Gauges to boilers and safety
| PART I. | valve. |
25.) Wilful damage.
| GENERAL. | 26.) Boring rods to be used. |
| 7. Appointment of inspectors. | 27.) Mining manager in charge of a |
| S. Disqualification for office of inspector. | mine to inspect. |
| 9. Powers of inspectors. | (28.) Shafts with vertical or over- |
| 10. Obstructing inspectors. | . hanging ladders to have plat- |
| 11. Upon miner making complaint inspector | forms. |
| to make inquiry. | (29.) Cover overhead. |
| ].2. Inspection by representatives of mines. | (35.) Temporary removal of fence from |
| 13. Managers to be appointed. Appoint- | shaft. Contravention of this |
| ment of managers. | section an offence. |
| 14. Penalty for non-appointment. | 24. Governor in Council may suspend, alter, |
| 15. Temporary absence of manager. | or vary rules. |
| 16. Duties and responsibility of manager. | 25. Rules to be posted on conspicuous |
| 17. Notice of accident to be given to | places. Penalty for defacing notices. |
| inspector of Mines. | 20. Employ6s to satisfy themselves of |
| 18. Place of accident not to be interfered | safety of appliances. Failure to |
| with. | report danger. |
| 19. Burden of proof to lie on defendant. | 27. Employer to compensate employ6 in- |
| 20. Accident evidence of neglect. | jured through negligence of owner |
| 21. No boy or female to he employed. This | or his agent. |
| section to be posted in office. | 28. What is an offence agaixst this Act. |
| 22. Person in charge of machinery to be | 29. Protection of abandoned shafts. |
| employed certain number of hours | 30. Cost of working Act, how defrayed. |
| only. Negligence and offence. Ob- | 31. Plans to be furnished. |
| served defect to be recorded. | 32. Where mine abandoned, plans to be |
deposited with Minister.
GENERAL RULES.
ENGINE DRIVERS.
23. General rules.
| ||||
|
| acting or engine planes. | 35. No uncertificated driver to he employed. |
| (4.) Spaces in horse roads. | 36. Certificate may be cancelled or Sus- |
| (5.) Keeping spaces clear. | pended. |
| (6.) Fencing of entrance to shafts. (7.) Securing of shafts. |
Mines Regulation Ad, 1896.
| PART II. | 48. Certified copy of special rules to be |
| COLLIERIES. | evidence. |
19. As to payment by weight of persons
| 37. Miners' inspection. | employed in collieries. |
| 38. Noxious gases in coal and shale mines. | 50. Appointment and removal of cheek- |
| 39. Safety-lamps. | weigher on part of men. |
| 40. Two openings to be furnished in mine. | 51. Penalties for certain offences. |
| 41. No liability to be incurred by making | 52. Entry on adjoining mine, etc., to |
| second shaft. | ascertain whether owner, etc., is |
| 42. Disqualification for post of manager or | encroaching. What may be done |
| under-manager. | under such authority. Prior statu- |
| 43. Special rules. | tory declaration required. Penalty. |
| 44. Mode of adopting special rules when | 53. Mining inspector to make record of |
| objected to. | inspection. |
| 45. Promulgation of special rides. | 54. Materials and men not to be raised or |
| 46. Amendment of special rules. | lowered at the same time. |
| 47. Cost of arbitrations to be in discretion |
of arbitrator.
altiextern Ttuaratia.
ANNO QUINQUAGESIMO NONO
VICTORIIE REGINA,.
*********************************************000000000***
No. XXXVII.
AN ACT to provide for the Regulation and the
Inspection of Mines and Collieries.
[Assented to, 12th October, 105.]
)E it enacted by the Queen's Most Excellent Majesty, by and jj with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Par- liament assembled, and by the authority of the same, as follows:-
1. TIIIS Act may be cited as " The Mines Regulation Act Short ti
of 189.5," and shall apply only to such Goldfields, Goldfield Dis- tricts, and Mineral Districts or portions thereof respectively as the Governor may, by Order in Council, from time to time direct.
THIS Act shall apply only to mines in which more than
2.
five persons are ordinarily employed below ground, provided that the Limitation of Act. extend the operation of this Act to any specified mine where less than five persons are employed.
| 3. | THIS Act is divided into two parts: the First Part relating | Dici |
| Division of Act. |
| to | mines in general ; the Second Part to collieries only. |
59" VICTORI}E, No. 37.
Mines Regulation Act, 1895.
4. FOR the purposes of this Act the following terms in inverted
| Interpretation. | commas shall, unless the context otherwise indicates, bear the meanings set against them respectively :— |
Minister "—The Minister for the time being charged with the administration of this Act.
Warden"—A warden appointed under the provisions of any Goldfields Act.
"Registrar "—The Registrar of a mineral lands district under " The Mineral Lands Act of 1892."
" Inspector "—An Inspector of Mines appointed under this
Act.
" Owner "—When used in relation to any mine, means any person or body corporate, who is the immediate proprietor, or lessee, or occupier of any mine, or of any part thereof, but does not include a person or body corporate which merely receives a royalty, rent, or fine from a mine, or is merely the proprietor of a mine subject to any lease, grant, or license for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine.
" Agent "—A person having, on behalf of the owner, the care or direction of a mine or of any part thereof.
" Mining Manager" or " Manager "—The person who has immediate charge on a mine of the mining operations carried on in or upon the same, and includes a Deputy Manager.
Mine "—A claim, place, pit, shaft, drive, level, vein, lode, or reef ill or by which an operation is carried on for obtaining any metal or mineral by any mode or method whatever, or any shaft, level, or plane being sunk or driven for the same purpose.
" Colliery "—A mine worked for the production of coal, shale, stratified ironstone, or fireclay.
" Gazette"—The "Government Gazette of -Western Australia."
" Machinery "—Steam or other engines, boilers, furnaces, stompers, rollers, winding and pumping gear, chains, trucks, tramways, tackle, blocks, ropes, tools, and all appliances of whatever kind used in or about a mine.
" Plan " includes a map or section and a correct copy or tracing of any original plan as so defined.
" Prescribed "—Prescribed by this Act or by any Regulations made thereunder.
59" VICTORLE, No. 37.
Mines Regulation Act, 1895.
ANY person who is guilty of an offence against this Act, for which no specific penalty is herein provided, shall be liable to a against
5.
| penalty not exceeding, if he is the | mining manager, or person |
hi charge of, or giving orders or directions relating to the carryingdirections on of any milling operations in a mine, Fifty pounds, and if he is any other person, Ten pounds for each offence, to be recovered in a summary manner before two or more Justices. The whole or any part of such penalty may be awarded by such Justices to any person injured, or to the personal representative of any person killed in consequence of any such offence, and such award shall be in addition to the right of action such person or personal representative has under this Act or otherwise.
| SECTIONS " A " and " 1I " of the Schedule to " The Shortening Ordinance, 1853," shall be incorporated with and taken ttsrPnitcitio | n °offs"- |
6.
| to form part of this Act to all intents and purposes and in as full schedule to | slens | tmois | inff Ordin- |
| and ample a manner as if the said sections had been introduced and a i | / a | ||
| fully set forth in this Act. |
PART 1.—GENERAL.
| THE Governor in Council may from time to time appoint persons possessing' competent knowledge, skill, and experience to be inspectors. | Appointment of |
| inspectors of mines, and assign them their duties. | |
| Notice of the appointment of every such inspector shall be published in the Gazette. |
7.
| NO person who practises or acts, or is a partner of any per- son who practises or acts, as a land agent, or mining engineer, or as office of inspector. | off | ice | for |
| a manager, viewer, agent, or valuer of mines, or arbitrator in differ- ences arising between owners, agents, or managers of mines, or holds directly or indirectly any interest in a mine within the district for which he acts as inspector, or is otherwise employed in or about any mine, shall act as an inspector of mines under this Act. | |||
| Any person who contravenes the provisions of this section shall be guilty of a misdemeanour, and be liable on conviction to a fine not exceeding One hundred pounds or to imprisonment for a term not exceeding twelve calendar months. |
8.
9.
| AN inspector under this Act shall have power to do any of the following things, namely:— | Powersof nspectors |
(f.) To make such examination and inquiry as are necessary to ascertain whether the provisions of this Act relating to matters above ground or below ground are complied with in the case of any mine.
59" VICTORIIE, No. 3
Mines Regulation Act, 1895.
( 2 .) To enter, inspect, and examine ally mine and every part
thereof at all reasonable times by clay and night, but so
as not to impede or obstruct the working of the mine.
To examine into and make inquiry respecting the state
| (3•) | and condition of any mine, or any part thereof, and the ventilation of the mine, and, in the case of a colliery, the sufficiency of the special rules, if any, for the time being in force therein, and all matters or things connected with or relating to the safety of the persons employed in or about the mine or any mine contiguous thereto. |
| 1 o examine into and make inquiry respecting the state | |
| (4 ) | and condition of any boiler or other machinery, and, if advisable, to have the same tested in his presence, in any manner prescribed by this Act. |
| (s.) To initiate and conduct prosecutions against persons | offending against the provisions of this Act. |
(6.) To appear at all inquiries held respecting mining accidents, and, if lie thinks fit, to call and examine and cross- examine witnesses.
Op To exercise such other powers as are necessary for carry-
| - | ing this Act into effect. |
EVERY person who wilfully obstructs an inspector in the execution of his duty under this Act, and every owner, agent, or manager of a mine who refuses or neglects to furnish to the inspector the means necessary for making an entry, inspection, examination, or inquiry under this Act in relation to such mine, shall be guilty of an offence against this Act.
| Obstructing, | 10. |
inspectors.
UPON any miner working in any mine making a complaint think fit, make inquiry into the matter of such complaint, and take such other steps as he may deem necessary to investigate the matter, and the name of the informant shall not be divulged by the inspector.
| Upon miner making | 11. |
| complaint inspector | under this Act to any inspector, such inspector may, if he shall |
| to make inquiry. | |
| IF the workings in any mine or any portion thereof are con- competent miners to examine and inspect the workings of such mine by giving twenty-four hours' notice to the mining manager (who may, if he thinks fit, accompany them), and all persons in the mine shall afford every facility for such inspection, and the persons so appointed shall record the results of such inspection in a book to be kept at the mine for the purpose, and the report shall be signed by the persons inspecting. |
| Inspection by | 12. |
| representatives of | sidered unsafe by the miners working therein, they may appoint two |
| miners. |
59" VICTORUE, No. 37.
Mines Regulation Act, 1895.
| 13. EVERY mine shall be under the control and daily super- | Managers to be |
vision of a manager, and the owner or agent of every such mine appointed.
shall nominate himself, or some other person, to be the manager of
such mine.
Every mining company, whether registered or co-operative, shall appoint and continue to have a manager, who shall be deemed the mining manager of the company under this Act.
The name and address of every manager for the time being shall be notified in writing by the person or body appointing him to the nearest inspector, warden, or registrar, within fourteen days after his appointment ; and no person shall be appointed who has not the management of the mining operations carried on in or at such mine.
| No person shall be appointed to act as manager of more than two mines at one and the same time, and no person who has | Appointment of managers. |
| been appointed manager of any mine in which twenty men are employed below ground shall, whilst he holds such appointment, be appointed manager of any other mine, nor shall he act as such manager. |
| 1F any mine is worked for more than seven days without there being a manager for that mine, as required by the last preceding | Penalty for non- |
| appointment. | |
| section, the owner and agent of such mine shall each be liable to a penalty not exceeding Ten pounds, and to a further penalty not exceeding Ten pounds for each day during which such mine is so worked. |
14.
| IF any manager is incapacitated from performing his duties, or is about to be absent for more than three days, he, or the agent, | Temporary absence |
| of manager. | |
| shall appoint some fit person to act as deputy manager during such illness or absence, and shall notify such appointment to the nearest inspector, warden, or registrar, as provided in section thirteen of tins Act. |
15.
| THE manager of every mine shall enforce the observance of all the provisions of this Act in and upon the mine under his | Ditties and responsi- |
| bility of manager. | |
| charge, and shall, as soon as practicable after the occurrence thereof, report in writing to the nearest inspector, warden, or registrar any offence against this Act which has been committed in or on the mine, whether the person committing it was or was not employed in the work of the mine ; and in the event of the contravention of or noncompliance with this Act in or upon any mine, by any person, the manager of such mine shall be guilty of an offence against this Act. |
16.
59° VICTORUE, No. 37.
Mines Regulation Act, 1895.
Provided that such manager shall not be deemed guilty of such offence if he proves to the satisfaction of the Court that he had taken all reasonable means of enforcing the pro- visions of this Act, and of preventing such contravention or non- compliance.
But the manager shall supervise all work carried out by contract in the mine, and shall be responsible for any offence against tins Act committed by any contractor or his workmen, unless he shall prove that he had taken all reasonable means to prevent such offence, and had reported the same to the nearest inspector, warden, or registrar immediately after it came to his knowledge.
THE mining manager shall, within twenty-four hours, or in or upon any mine attended with serious injury to any person, give notice "thereof to the inspector ; and any mining manager who omits to give such notice shall be deemed guilty of an offence against this Act.
17.
Notice of accident
| to be given to | as soon thereafter as possible, after the occurrence of any accident |
| Inspector of Mines. |
THE place in which an accident occasioning personal injury saving life or preventing further injury, until it has been examined by the inspector, or, in his absence, if demanded by any three miners engaged on the mine, by two competent persons to be appointed by a Warden or a Justice of the Peace.
18.
Place of accident
| not to be interfered | has occurred shall not be interfered with, except with a view of |
| with. |
IN any proceeding under the provisions of tins Act, against a mining manager or person in charge of the mining operations in or upon a mine, the burden shall lie on the defendant of proving he is not such manager or person.
19.
Burden of proof to
lie on defendant.
20. THE occurrence of any accident in or on a mine shall be
| Acciden | t evidence of •ma .fact•e evidence of neglect on the part of the owner and the |
| glect. | pu |
| manager. |
21. NO boy under the age of fourteen years, and no female,
No boy or female to shall be employed below ground in any.mine.
be employed.
No boy under the age of sixteen years shall be allowed to handle, charge, or fire explosives.
| This section to be | A printed copy of this section shall be posted in the office, |
| posted hi office. | if any, and on a building or board in some conspicuous place in connection with every mine. |
22. NO person in charge of steam machinery used in cornice-
| Person | in | achrge of |
machinery to be em- troll with any mine, or for the treatment of the products of any mine,
ployed certain mun-
her of hours only.
59° VICTORIA;, No. 37.
Mines Regulation Act, 1895.
shall be so employed for more than eight consecuti■ e hours at any time, or for more than eight hours in any twenty-four hours ; such period of eight hours to be exclusive of any time occupied in raising steam and in thawing fires and exhausting steam in connection with the machinery in charge of such person, and exclusive of meal hours, and of any time in which such person is employed in case of break- age or other emergency.
| Every person in charge of machinery who is guilty of negli- Bence by which any property is destroyed or damaged shall be guilty | ilgni;ici,orenee and |
| of an offence against this Act. |
| The mining inspector shall, after every inspection, record in he observes in the state and condition of the mine and machinery : be recorded. | a book to be kept on the mine for that purpose, any defect which observed defect to |
| Provided nothing contained in or absent from such written report of the inspector shall be held to limit or affect the responsibility imposed upon the owner or manager by this Act. |
GENERAL RULES.
23. THE following general rules shall, wherever reasonably
| practicable, be observed in every mine: | General rules. |
| (t .) An adequate amount of ventilation shall be constantly produced in the mine to such an extent that the shafts, | Ventilation. |
winzes, levels, underground stables, and working places of the mine, and the travelling roads to and from such working places, shall be in a fit state for working and passing therein.
| ( 2 .) | Gunpowder or other explosive or inflammable substance | Gunpowder and |
| shall only be used in a mine as hereunder provided, | blasting. |
| that is to say, |
(a.) It shall not be stored on the surface of or adjacent to the mine, unless in such place as is in writing approved by the inspector, nor in any quantity exceeding five hundred- weight.
(b.) It shall not be stored in a level in any mine, in any quantity exceeding fifty pounds of gun- powder or dynamite, or other nitro-glycerine compound. And if stored ill the mine it shall be kept in a drive or chamber separated by a door fixed across such drive at least thirty feet from any travelling road.
(c.) It shall not be taken for use into the workings
of the mine, except in a securely covered case
59" VICTORLE, No. 37.
Mines Regulation Act, 1895.
or canister containing not more than eight pounds of gunpowder, or five pounds of dynamite or other nitro-glycerine compound.
(d.) 1 workman shall not have in use, at any one time in any place, more than one of such cases or canisters.
(eA Detonators for blasting shall be kept on the
surface of the ground, in a covered box, placed
in a separate mag.a zinc.
Not more than one hundred detonators shall be kept underground in any level at one time, and these shall be kept in a covered box in a separate chive or chamber, and only taken out in such quantities as required for immediate use. Detonators shall not, on any pretence whatsoever, be placed near any travelling road, pass, or working face.
( f.) No person shall enter, with a naked light, a powder magazine, or any excavation in a mine where powder or other explosive or inflammable substance is stored.
(9.) In a mine, no iron or steel pricker shall be used in blasting, and no iron or steel tool shall be used in tamping or ramming.
(It.) A charge which has missed fire may be drawn by a copper pricker, but in no case shall any iron or steel tool be used for the purpose of drawing or drilling out such charge.
(1.) A charge which has missed fire shall not be approached until one hour has elapsed from the time of lighting the fuse. This rule shall not apply to charges fired by an electric current.
Every underground plane, whether self-acting or worked
| Man-holes to be | (3.) |
| provided in | by all engine, whim, or whip, shall, for the use of |
| self-acting or | |
| engine planes. | persons travelling thereon, be provided (if exceeding forty yards in length) with some proper means of signalling between the stopping places and the ends of the plane ; and shall be provided in every case, at intervals of not more than twenty yards, with sufficient man-holes for places of refuge. |
Every road on which the produce of the mine in transit
| Spaces in | (4.) |
| horse roads. | exceeds tell tons per hour over any part thereof, and on |
39" VICTORTIE, No. 37.
alines Regulation Art. 7895.
winch the load is drawn by a horse or other animal, shall, for the use of persons travelling thereon, be provided, at intervals of not more than one hundred yards, with sufficient spaces for places of refuge. each of sufficient length, and of at least three feet in width between the wagons running on the tram road and the side of the road.
| (s.) Every manhole and space for a place of refuge shall be constantly kept clear, and no person shall so place | Keeping spaces |
| clear. |
anything in such manhole or space as to prevent access
thereto.
| (6.) | The top, and all entrances between the top and bottom of | Fencing of entrance |
| every working or pumping shaft shall be properly and | to shafts. |
| securely fenced or covered, but this provision shall not be taken to forbid the temporary removal of a fence for the purpose of repairs or other operations, if proper precautions are used ; and every abandoned or disused shaft shall be fenced or securely covered in by the lessee or registered owner thereof, and its position indicated on the surface by a post with a notice thereon affixed. |
| (7.) | Where the natural strata are not safe, every working or | Securing of shafts. |
pumping shaft shall be securely cased,. lined, or otherwise
made secure.
| (8.) | Every drive and every excavation of any kind in connec- |
Drive and excavation
| tion with the working of a mine shall be securely | to be protected. |
| protected and made safe for persons employed therein. |
| (9.) | Where one portion of a vertical shaft is used for the | Division of shaft. |
ascent and descent of persons by ladders or a man- engine, and another portion of the same shaft is used for raising material, the first-mentioned portion shall be cased or otherwise securely fenced off from the last- mentioned portion.
(a.) In the case of underlie shafts, no material shall be raised at the same time as any person is travelling in the shaft, unless the travelling portion of the shaft is fenced off from that used for raising material.
(l o). Every working shaft in which a cage is used, and every division of such shaft in which persons are raised, shall, if exceeding fifty yards in depth, be provided with guides and some proper means of communicating distinct and definite signals :
59° VICTORIIE, No. 37.
Mines Regulation Act, 1895.
(a.) From the bottom of the shaft, and from every entrance for the time being in work between the top and the bottom, to the top, and thence to the engine-room ; and
(b.) From the engine-room and top to the bottom of the shaft, and to every entrance for the time being in work between the top and the bottom of the shaft.
| Oil | All methods of signalling in mines to indicate that men |
or material are to be raised or lowered ill shafts shall
be clear and distinct, and shall be posted in a clear and legible form on framed boards, one of which shall be placed at the chamber at the bottom of the workings in the shaft, another on the brace, and a third in the engine-room.
Such methods shall be subject to the approval of the inspector, and shall also be subject to such alterations and amendments as may from time to time be indicated by the Minister on the report of the inspector, and any neglect to carry out such indicated alterations or amendments shall be an offence against this Act.
A line, or some other appliance, shall be provided in each shaft to admit of danger signals being com- municated to the engine-driver from any portion of such shaft.
Every person employed in a mine shall make himself
acquainted with the system of signals used in such mine.
(12.) A clear view shall be kept for the engine-driver between his station and the shaft at the surface brace.
| Proper ladder or | (13.) A proper ladder or footway shall be provided in every |
| footway. | working shaft where no machinery- is used for lowering or raising persons employed therein. |
| Slipping of rope on | (14.) There shall be flanges or horns on the drum of every machine used for lowering or raising persons, and also, if the drum is conical, other appliances sufficient to prevent the rope from slipping. |
| drum. | |
| (15.) An adequate brake shall be attached to every machine worked by steam, water, or mechanical power, and used for lowering or raising persons, and also a proper indicator showing to the person who works the machine the position of the cage or load in the shaft. | |
| Brake. |
59" VICTORI/E, No. 37.
Mines Regulation Act, 1895.
| (I 6.) No person under the age of eighteen years shall be engine used in connection with the working of a mine. | Person in charge of |
placed in charge of or have the control of any steam machinery. in a mine shall, under any pretext whatever, unless relieved by a competent person, absent himself or cease to have continual supervision during the time such machinery is so used.
(17.) When the only means of egress from a mine is a Moans of ogress to machine worked by steam, water, or mechanical power, be kept ready for such machine shall be always kept ready for use whilst 118°.
any person is below in the mine.
(18.) In raising or lowering men, the rate of speed shall not exceed two hundred feet per minute when the cage or bucket is within one hundred feet of the surface, nor five hundred feet per minute in any part of the shaft.
(19.) No iron, timber, tools, rails, sprays, or other material, except when repairing the shaft, shall be placed in the same cage in which men are being lowered or raised from their work.
(20.) All machinery, whether above or below ground, shall be kept in good order and condition.
(2 i.) Every brace or pit-bank shall be properly covered to
protect the workmen from the inclemency of the weather.
| (22.) No person under the age of eighteen years shall be employed as kinder or braceman on any mine, and the brace and all elevated tramways leading therefrom shall be securely fenced. | Brace and tramways. |
| (23.) Every fly-wheel, and all exposed or dangerous parts of the machinery used in or about the mine, shall be kept securely fenced. | Fencing machinery. |
| (24.) Every steam boiler or other vessel in which pressure is used shall be provided with a proper steam gauge and | Ganges to boiler+ |
| and safety valve. |
water gauge, to show respectively the pressure of steam and the height of water in the boiler, and with a proper safety valve. Once in every twelve months every such boiler or vessel shall be subjected to hydraulic test, and the date and full description of every such test shall be entered in a book kept by the mining manager or other person in charge of the mine, and the entries in such book shall, on demand, be open to the perusal of an inspector under this Act.
590 VICTORI}E, No. 37.
Mines Regulation Act, 1895.
Seven days previous notice, in writing, shall be given by the owner to the nearest inspector, warden, or registrar of the day and hour any boiler or vessel is to be tested under tins Act.
The safety valve shall be so adjusted that when the machine is working the pressure in any boiler or vessel shall not exceed two-thirds of that shown by the last preceding test to be a safe pressure for that boiler or vessel.
| (25.) | No person shall wilfully damage, or without proper |
Wilful damage. authority use, remove, or render useless any fencing,
casing, lining, guide, means of signalling, signal cover, chain, flange, horn, brake, indicator, ladder, platform, steam gauge, water gauge, safety valve, or other appli- ance or thing provided in a mine.
| (26.) | In every working in a mine approaching a place likely |
Boring rods to be
| used. | to contain a dangerous accumulation of water, boring rods shall be used for the purpose of perforating the ground in advance of such working, and no drive, gallery, or other excavation shall be made within a dangerous distance of such accumulation of water. |
| (27.) | The mining manager shall, once in each week, care- |
| Mining manager in | fully examine the buildings and machinery used in the |
| inspect. | working of the mine and the condition of the mine itself, and shall record, in writing, in a book kept for that purpose, his opinion as to their condition and safety, and any repairs and alterations required to ensure greater safety to the persons employed therein. |
charge of a mine to
| (28.) | After the passing of this Act, every ladder constructed |
Shafts with vertical
| or overhanging | and fixed in a shaft for the ascent and descent of persons |
| ladders to have | working in the mine shall be inclined at the most |
| Platforms. | convenient angle which the space allows, and such ladder shall have substantial platforms at intervals of not more than fifteen yards, and spaces for foothold of not less than six inches. |
| (29.) | A sufficient cover overhead shall be used when lowering |
Cover overhead. or raising persons iu every working shaft. except where
it is worked by a whim, or whip, or windlass, or where a person is employed about the pump, or some work in the shaft.
( 39.) Every cage used in a mine shall be fitted with a safety hook, or other suitable appliance, to prevent its fall down the shaft through overwinding.
59" TICTORIIE, No. 37.
ABMS Regulation Act, 189ö.
| (31.) | Suitable lights, protected from draughts of air, shall be provided in the main drives of any mine, awl the upper entrance to every winze, rise, or jump-up, while open or unfenced, shall be illuminated b y a fixed light. |
| (32.) | Ladders shall be fixed in each winze, rise, or jump-up, so as to give access from the lower to the higher levels in a mine. But it shall be sufficient to have one such means of access from each level to the one above it. |
| (33.) | Safety cages shall be provided, when required by the |
inspector, and shall be tested before they are used.
| (34 | •) If more than four persons are employed below ground in any mine, in one shift, sufficient accommodation shall be provided above ground, near the principal entrance of the mine, and not in the engine-room or boiler-house, for enabling the persons employed in the mine to con- veniently dry and change their dresses, and in no case shall men be allowed to change their dress upon a boiler. |
| (3 5.) | . | When a fence has been temporarily removed from an |
Temporary removal
| entrance to a shaft to admit of the carrying on of | of fence from shaft. |
| ordinary mining operations, a strong horizontal bar shall be securely fixed across the entrance not less than four nor more than five feet from the floor of the brace, chamber, or drive, as the case may be. |
| Every person who contravenes or does not comply with any of the general rules in this section shall be guilty of an offence | Contravention of this |
| section an offence. | |
| against this Act ; and in the event of any contravention of, or non-compliance with, any of the said general rules by any person whomsoever being proved, the mining manager shall also be deemed guilty of an offence against this Act, unless he proves that he had taken all reasonable means by publishing, and to the best of his power enforcing. the said rules to prevent such contravention or non-compliance. |
| IF in the opinion of the inspector the observance of the foregoing general rules, or any of them, is not reasonably practicable | Governor in Council |
| may suspend, alter or | |
| in any particular mine, the Governor in Council may, from time to | vary rules. |
| time, by notification in the Gazette, suspend, alter; or vary such rules, or any of them, in such manner as he deems necessary in respect to such mine. And any general rules so altered or varied shall be deemed to be the general rules of the mine to which they relate. |
24.
| A PRINTED copy of the general rules as aforesaid and of this section shall be posted in the office, if any, and on a building or | Rules to be posted on |
| conspicuous places. | |
| board in some conspicuous place in connection with every mine. |
25.
59" VICTORIA, No. 37.
Mines Regulation Act, 1895.
And every person who pulls down, injures, or defaces a notice hung
| notices. | Penalty for defacing up or affixed as required by this Act shall, for every such offence, |
be liable to a penalty not exceeding Forty shillings.
| Employ,:s to s sfy | 26. EVERY person employed in or about a mine shall, before |
| themselves of safety |
•
commencing, and whilst at work, use ordinary and reasonable pre-
of appliances.
| Failure to report | caution to ascertain that the tubs, chains, tackle, windlass, ropes, or |
| danger. | other appliances he uses are not unsafe ; he shall not use anything unsafe, or apparently unsafe ; and every such person who witnesses in or about the mine anything likely to produce danger of any kind shall forthwith report the same to the mining 'nonage; and on leaving work lie shall report to the man relieving him the state of that part of the works where he has been employed, or otherwise he shall be guilty of an offence against this Act. |
| Employer to com- | 27. | IF ally person in or about a mine suffers injury in person, |
| pensate employê | or is killed, owing to the negligence of the owner of such mine or |
| injured through | his agent or agents, or owing to the non-observance in such mine of |
| negligence of owner | |
| or his agent. | ally of the provisions of this Act (such non-observance not being solely due to the negligence of the person so injured or killed), the person injured, or his personal representatives, or the personal representatives of the person so killed, may recover, in any court of competent jurisdiction, from the owner of such mine compensation by way of damages, as for a tort committed by such owner. |
| Provided that, in estimating the damages and deciding the question of costs, due regard shall be had to the extent (if any) to-b which the person injured or killed contributed, by any negligence on his own part, to the injury or death. |
ANY person who contravenes or does not comply with any of the provisions of this Act, or who, by the negligence of himself or his agent, causes any person to be injured or killed, shall be deemed guilty of an offence against this Act.
28.
What is an offence
against this Act.
ANY person who shall, after any shaft has become disused removal of any fencing, casing, lining, ladder, platform, or other appliance provided ill such shaft, without the consent of the Minister or inspector, shall be guilty of an offence against this Act. This section shall apply to all mines, but shall not apply to ally owner of freehold land wherein any such shaft is situated.
29.
| Protection of aban- | for mining purposes, wilfully damage or render it useless by the |
| doned shafts. |
ALL cost and expenses incident to carrying the provisions
| Cost of working Act, | 30. |
| how defrayed. | of this Act into effect shall be defrayed out of moneys to be from time to time appropriated by Parliament for that purpose. |
59° VICTORIA:, No. 37.
Mines Regulation Act, 1895.
| THE owner, agent, or manager of every mine, where six or more men are ordinarily employed underground, shall keep at the Plans to he | furnished |
| office at the mine an accurate plan, on a scale of two chains to one inch, of the workings of such mine, made by a duly qualified mining engineer or manager, or by a mining surveyor authorised as such by the Minister, showing the workings up to within three months past, and shall produce such plan at the mine to any inspector or to any other person duly authorised by the Minister, and shall, if requested by any such inspector or other person, mark on such plan the progress of the workings of the mine up to the time of such production, and shall allow the inspector to examine and take a copy or tracing thereof. |
31.
(i.) Every such copy or tracing shall be deposited with such person at such place as the Minister may appoint, and no copy or tracing thereof shall be furnished, nor information in relation thereto given, nor shall such plans or tracing's be open to inspection, unless with the per- mission of the Minister. If any officer shall, without the consent of the Minister, furnish any copy, tracing, or information, or shall allow any person to inspect any such plan or tracing, he shall be guilty of an offence against this Act.
(2.) If the owner, agent, or manager of any mine fails to keep such a plan as is prescribed by this section, or wilfully refuses to produce such plan or to allow it to be examined or copied, or conceals any part of the workings of his mine, or produces an imperfect or inaca•ate plan, he shall be guilty of an offence against this Act.
| WHERE any mine of which a plan should be kept, under abandonment shall, within three months thereafter, forward to the deposited with | cot/slower:ti- |
32.
| the last | l | preceding section, is abandoned, the owner at the time of si.vol,',:(11. |
Minister an accurate plan, on a scale of two chains to one inch, Minister.
showing the boundaries of the workings of such mine up to the time
of abandonment.
Every person who fails to comply with this section shall be guilty of an offence against this Act.
ENGINE DRIVERS.
| THE Governor in Council may from time to time appoint, for any goldfield, goldfield district, or mineral district, a Board | Examination of |
| Engine-drivers. | |
| of two or more competent persons to examine candidates who may be desirous to qualify themselves as engine-drivers, and such Board, when satisfied of the skill and competence of any candidate, |
33.
59° VICTORI}E, No. 37.
Mines Regulation Act, 1895.
and that he is not subject to any physical infirmity such as deafness, defective vision, or epilepsy, which would render him unfit, may grant to him a certificate of fitness and competency.
| Certificates of | 34. | THE said Board shall grant a certificate of service to every |
service for engine-person who furnishes to the said Board satisfactory evidence that he drivers to be granted. has been in charge of, and has efficiently managed upon a mine,
machinery worked by steam, for a period of twelve months prior to the application for such certificate, and such certificate shall confer the same privileges as a certificate for competency.
AFTER the expiration of six months from the date of the district, or mineral district, or portions thereof respectively, no person who does not hold a certificate of service or of com- petency shall take or have charge of any machinery in which steam, water, or air is used as a motive power on any mine; and any uncertificated person so taking charge, and also any person so employing him, shall be guilty of an offence against this Act.
| No uncertifieated | 35. |
| driver to be | Order in Council applying this Act to the goldfield, goldfield |
| employed. |
ANY person holding a certificate of service or of com- misconduct, be called upon by a Board of Examiners to show cause why his certificate shall not be cancelled ; and if he shall not appear, or if the said Board shall find that he has been guilty of any negligence or misconduct, whereby life or property was or might have been endangered, the Board shall have power to cancel his certificate, or to suspend it for such period as it may think fit.
| Certificate may be | 36. |
| cancelled or | petency as an engine-driver may, if charged with any offence or |
| suspended. |
PART H.—COLLIERIES.
THE persons employed in a mine may, at their own cost, appoint two of their number to inspect the mine, and the persons so appointed shall be allowed once at least in every month to go to every part thereof, and to inspect the shafts, levels, planes, work- ing places, return air-ways, ventilating apparatus, old workings, and machinery ; and the manager (who may if he thinks fit accompany them) and all persons in the mine shall afford every facility for such inspection, and the persons so appointed shall record the result of such inspection in a book kept at the mine for the purpose, and the report shall be signed by the persons inspecting.
| Mine inspection. | 37. |
IF at any time it is found by the person in charge of a colliery, or any part thereof, or by the inspector, that by reason of noxious gases or of any cause whatever, the colliery or the said part is dangerous, every workman shall be withdrawn therefrom, and the
| Noxious gases in | 38. |
coal and shale mines.
59" VICTORIA{;, No. 37.
lines 1?egulation Act, 1895.
mining manager or inspector shall inspect the same (and if the danger arises from inflammable gas shall make such inspection with a locked safety-lamp); and in every case shall make a true report of the condition of such colliery or part thereof ; and no workman shall, except in so far as is necessary for inquiry into the cause of danger, or for the removal thereof, or for exploration, be readmitted into the colliery or such part thereof as was so found dangerous until the same is reported by the mining manager or inspector to be
safe. Every report shall be recorded in a book kept at the colliery
for the purpose, and shall be signed by the person reporting, and
shall be accessible to any person employed in or about the mine.
39.
| WHENEVER a safety-lamp is required to be used, it shall be first examined and securely locked by some person who is duly | safety-lamps. |
| authorised for that purpose by the manager, and who shall keep the key thereof. And no one except the person so authorised shall have in his possession or shall use any key or other contrivance for the purpose of opening any safety-lamp. |
| WITHIN one year and six months after commencing the working of any bores, stalls, or long wall workings in any mine, there | Two openings to be |
| furnished in mine. | |
| shall be made and completed at least two separate openings to the clay or surface from such mine, intercommunicating with each other, by means of either of which openings all persons employed in the mine may at all times whatsoever pass in or out. | |
| And the owner of any mine wherein two such openings shall not be completed as aforesaid shall be liable to a penalty not exceeding Fifty pounds for every month timing which the same shall remain incomplete whilst work is carried on in the mine. | |
| But this section shall not apply so long as not more than ten persons are employed below ground at any one time in the whole of the different seams in connection with each outlet in such mine or working. | |
| In any mine wherein such bores, stalls, or long wall work- ings have been commenced before the application of this Act to the mineral district or part thereof wherein such mine is situate, and without a second opening as aforesaid, a second opening shall be made and completed within one year and six months after the date on which this Act shall be so applied. |
40.
41. NO person shall be precluded by any agreement from
| doing such acts as may be necessary for providing a second shaft or iNnoculita | rebd b | ilityy to be |
making
outlet to a mine where the same is required by this Act, or be liable second shaft.
under any contract to any penalty or forfeiture for doing such acts
59° VICTORLE, No. 37.
Mines Regulation Act, 1895.
as may be necessary in order to comply with the provisions of this
Act with respect to shafts or outlets.
A CONTRACTOR for mineral or person employed by such
| D isqual fication for | 42. |
| post of manager or | a contractor is not eligible for the post of manager or under-manager |
| under-manager. | under this Act, nor will the letting of any colliery to a contractor lessen in any way the responsibility or liability of the owner, agent, or manager of any colliery. |
WITHIN three months after the commencement of this colliery, the mining manager thereof shall frame such special rules for the conduct and guidance of persons employed in or about the colliery as appear under the particular state and circumstances best calculated to ensure their health and safety ; and such mining manager shall cause a copy of such special rules to be hung up in some conspicuous place in the colliery, and call the attention of the miners working therein to them. A copy of such rules shall also be at once transmitted by the mining manager to the Minister, and if they are not objected to within one month after the receipt thereof by the Minister, they shall be the special rules of the colliery, and shall be published in the Gazette.
43.
| Special rules. | Act, or within three months after work is commenced at any |
| IF the Minister does not approve of any proposed special and transmit to the mining manager by whom they were framed, and to some person on behalf of the miners employed in the colliery to which they refer, any alteration in or addition to the same, or the substitution of any other rules therefor. |
| Mode of adopting | 44. |
| special rules when | rules he shall, within thirty days after the receipt of them, propose |
| objected to. | |
| If the mining manager objects to any such alteration, or addition, or substituted rules, he may, within fourteen clays after receipt of the same, give notice thereof to the Minister. If the miners object to the special rules, they shall give notice of such objection to the mining manager and the Minister within one month after such rules are hung up as aforesaid ; or if they object to the alterations proposed by the Minister, they shall give him notice of such objection within fourteen days after the receipt thereof ; and thereupon the parties interested may concur in the appointment of a single arbitrator, or failing such concurrence, each party, on the request of the other, shall appoint an arbitrator who is not interested or employed in such colliery (and if there are only two arbitrators, they shall before entering upon the reference, appoint by writing under their hand an umpire), to determine the matter in difference, and to decide what special rules shall be established in the colliery. | |
| And in the event of any dispute arising between the parties aforesaid as to such rules, or between the parties and any inspector as |
59° VICTORI}E, No. 37.
| Mines. | Regulation Act, 1895. |
to the administration of the rules, or upon any matter within the scope of this Act (not being an offence against this Act), and not otherwise provided for, the matter in dispute may be referred to arbitration in manner aforesaid. And the determination of such arbitrators or arbitrators and umpire or of the majority thereof (if there be more than two), shall be final, and the award may be made a rule of the Supreme Court.
| FOR the purpose of making known the special rules to all persons employed in or about a colliery the mining manager thereo | Promulgation of |
45.
| f | special rules. |
shall cause a printed copy to be supplied to every person before he
is employed in or about such colliery.
| THE provisions contained in the forty-fourth and forty- fifth sections of this Act shall apply to and be followed in respect special rules. of any proposed amendments of such special rules. | Amendment of |
46.
47. THE costs of every arbitration under tins Act shall be in Cost of arbitrations
to be in discretion of
| the discretion of the arbitrators. | arbitrator. |
| A COPY of the special rules purporting to be certified under the hand of the Minister shall, upon production, without special | copy of |
48.
to
further proof, be evidence of such special rules, and of their being
duly made under this Act.
WHERE the amount of wages payable to any persons
employed in a colliery depends on the amount of mineral gotten trt,,Mrto,b2;
by them, such persons shall be paid according to the weight of employed in
the mineral gotten by them ; and the owner of every colliery shall
at Inns own cost provide and maintain all necessary apparatus for
truly weighing such mineral, and shall be liable to a penalty of Ten
pounds for every week during which such apparatus is not so
provided and maintained.
49.
Provided that nothing herein contained shall preclude the owner or mining manager of the colliery from agreeing with the persons employed therein that deductions shall be made in respect of the stones, or materials other than mineral contracted to be gotten, which are sent out of the colliery with such mineral, or in respect of the tubs, baskets, or hutches being improperly filled by the getter of the mineral, or his drawer, or by the person immediately employed by him ; such deductions being determined by the banksman or weigher, and check-weigher (if there be one) or in case of difference, by a third party to be mutually agreed on by the manager on the one hand and the persons employed in the colliery on the other.
Where it is proved to the satisfaction of the Minister that, by reason of exigencies existing in the case of a colliery to which the foregoing provision applies, it is expedient that the persons therein employed should not be paid by the weight of the mineral gotten by
59° VICTORIX, No. 37.
Mines Regulation Act, 1895.
them, or that the beginning of payment by weight should be post- poned, the Minister may, if he thinks fit, by order, exempt such colliery from the provisions of this section, either with or without conditions, or postpone in such colliery the beginning of such payment by weight.
THE persons employed in a colliery to which this Act them, may, at their own cost, station a person (in this Act referred to as a " check-weigher ") at the place appointed for the weighing of such mineral, in order to take an account of the weight thereof, and if reasonable facilities are not afforded to him for taking such account, the mining manager of the colliery shall be guilty of an offence against this Act.
| Appointment and | 50. |
| removal of chock- | applies, and paid according to the weight of the mineral gotten by |
| weigher on part of | |
| men. | |
| The check-weigher shall not be- authorised in any way to impede or interrupt the working of the colliery or to interfere with the weighing, but shall be authorised only to take such account as aforesaid, and his absence shall not be a reason for interrupting or delaying such weighing. | |
| If a check-weigher impedes or interrupts the working of the colliery, or interferes with the weighing, or otherwise misconducts himself, the mining manager may complain to the nearest Court of Petty Sessions, which, if it thinks fit, may call upon the check-weigher to show cause against his removal. | |
| The Court shall hear the parties, and if it thinks that sufficient ground is shown to justify the removal of the check- weigher, make a summary order for his removal, and he shall thereupon be removed, but without prejudice to the stationing of another check-weigher in his place. The Court may, in every case. make such order as to the cost of the proceedings as it thinks just. |
IF, through the default of the mining manager of a colliery special rules are not established for the same, or the general or special rules are not promulgated, as hereinbefore provided.; or if any of such rules are neglected or wilfully violated by the mining manager of such colliery, he shall be liable to a penalty not exceeding Twenty pounds, and to a further penalty of One pound for every day during which the offence continued after notice thereof in writing is given by the Minister or inspector ; and in default of payment of any such penalty to be imprisoned for any period not exceeding one month. And any other person employed in or about a colliery who neglects or wilfully violates any of the special rules established for such colliery shall, for every such offence, be liable to a penalty not exceeding Five pounds, or in default of payment to be imprisoned for any period not exceeding one month. Every such offence and
51.
| Penottio | lot |
| offences. |
59" VICTORIA, No. 37.
Mines Regulation Act, 1895.
-----
penalty may respectively be prosecuted and recovered in a summary
way before two or more justices.
52. UPON the affidavit of any person taken before a Justice of
Entry on adjoining
| the Peace, or Commissioner of the Supreme Court for taking affidavits, | mine, &c., to |
| claiming to be legally or equitably interested in a colliery, or in any | ascertain whether |
| land adjoining or near to another colliery, that the owner of such last- | owner, £0., is |
| encroaching. | |
| mentioned colliery is or is by the person making such affidavit, believed to be encroaching upon the first-mentioned colliery or land, the Minister may, by writing under Ins hand, authorise the inspector, together with a mining surveyor or experienced miner, who is not ordinarily employed by any of the persons interested in the property alleged to be encroached upon, to enter upon the last-mentioned colliery or land for the purpose of ascertaining whether such encroachment has been made, and if so, the extent thereof. | |
| Before granting such authority the Minister shall require the person making or lodging the affidavit to deposit a sum of money, | What may be done |
| under such | |
| not exceeding One hundred pounds, sufficient to cover the cost of | authority. |
| such inspection. | |
| The persons so authorised may thereupon enter on the colliery or land described in such order, and descend any shaft, and use the engines and other machinery ordinarily employed for that purpose, and make such plans and sections of the colliery or land entered upon, and of any drives or other works therein, as are necessary for ascertaining the extent of the encroachment (if any). And the mining manager of the colliery to be entered upon shall render all necessary assistance to the persons so authorised. | |
| Every such inspector, surveyor, or miner shall, before entering on such colliery or land, make a statutory declaration before some | Prior statutory |
| declaration required. | |
| person authorised to take the same, that he will not (except as a witness in a court of justice), without the consent in writing of the owner of the colliery or land to be entered upon, divulge, or cause to be divulged to any person whomsoever any information obtained upon or by such entry, save only as to whether such owner is encroaching on such first-mentioned colliery or land. | |
| Any person who acts contrary to such declaration, and any mining manager who refuses the assistance necessary to enable the | Penalty. |
| persons authorised by the Minister to descend the shaft, or enter and | |
| examine the colliery, shall forfeit and pay a sum not exceeding One | |
| hundred pounds. | |
| Provided that the Minister may out of the sum deposited, as aforesaid, defray the cost of such inspection, and if the mining manager renders the assistance necessary for the purposes aforesaid, and if there is no encroachment, may out of such sum award to the |
59° VICTORLE, No. 37.
Mines Regulation Act, 1895.
owner compensation for any loss or expense to which he is put by
reason of such inspection.
WHENEVER any mining inspector shall have inspected this Act is to be kept on the mine for that purpose, his opinion derived from such inspection, of the actual condition of the mine and machinery thereon at the time of such inspection.
53.
Mining inspector to
| make 17131201'd of | any mine, he shall enter in the book which by Section twenty-two of |
| inspection. |
54. EXCEPT when repairing the shaft, no timber, iron, rails,
Materials and men
| not to be raised or | sprags, or other material shall be placed in ally bucket, skip, or other |
| lowered at the same | appliance in which men are being raised or lowered in any mine. |
| time. |
In the name and on behalf of the Queen I hereby assent
to this Act.
ALEX. C. ONSLOW, Administrator.
By Authority : RICHARD PETHER, Government Printer, Perth.
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