Mines Regulation Act Amendment Act 1915 (WA)

WESTERN AUSTRALIA.

ANNO SEXTO

GEORGII QUINTI REGIS

XX.

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No. 53 of 1915.

AN ACT to amend the Mines Regulation Act,

1906.

[Assented to 20th November, 1915.]

E it enacted by the King's Most Excellent Majesty, by and

1 IIwith the advice and consent of the Legislative Council and

Legislative Assembly of Western Australia, in this present Par- liament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Mines Regulation Act Amend- Short title.

ment Act, 1915, and shall be read as one with the Mines Regula-

tion Act, 1906, hereinafter referred to as the principal Act.

2. Section three of the principal Act is amended by adding a Amendment of

paragraph, as follows :- Section 3.

"This Act" includes the regulations made and in force under

this Act.

3. Sections five to ten of the principal Act, both inclusive, are Repeal of Sections

hereby repealed, and sections five to fourteen of this Act, both	5 to 10.
inclusive, are substituted in lieu thereof.

4.	Section sixteen of the principal Act is hereby repealed.	Repeal of Section 16.
5.	[5.] The Governor may appoint fit and proper persons to	Appointment of inspectors of

be inspectors of mines. The inspectors of mines appointed under	mines.
any Act hereby repealed shall be deemed to have been appointed	1906, No. 36, s. 5,
under this Act.	amended.

1915, No. 53.] Mines Regulation. [6 GEO. V.

Control.	6. [6.] Every inspector of mines shall be under the control of such person as the Minister may from time to time appoint, and shall act in such districts, portions of districts, or mines, as the Minister may from time to time direct.
1906, No. 36, s. 6,
with addition,.
Classification of	7. [6a.] Inspectors of Mines shall be of three classes, namely:
inspectors.

(a) District inspectors, who shall have the full powers of in- spectors under this Act; but every district inspector, prior to being appointed, shall satisfy the Minister that he has had not less than five years' practical experience in general underground mining work, and that he has passed an examination prescribed or approved by the Minister in accordance with the regulations;

(b) Special inspectors, who shall be appointed to make such special inspections, inquiries, and investigations on matters within the scope of this Act, requiring special technical or scientific training or knowledge, as the Minister may from time to time direct ; and

(c.) Workmen's inspectors, who shall in accordance with the regulations be elected by the majority of persons bona fide employed in the mines in the several mining districts, and subject to approval of the Minister; but no person shall be eligible for such appointment unless he has been engaged in general practical under- ground mining work as a working miner for at least five years. Provided that no person shall be eligible to vote in any election for a workmen's inspector who is not a natural born or naturalised British subject.

District inspectors.	8. [6b.] District inspectors shall be under the Public Service Act, 1904, but special and workmen's inspectors shall not by reason of their appointment as such be deemed to be subject to the provisions of the said Act.
Conditions of
appointment of	9. [6c.] All the terms and conditions of appointment of special portions of districts in which they may exercise their powers, and the number of days to be given by them to the duties of their offices, shall be as may be fixed from time to time by the Minister, subject to the regulations.
special and work-	inspectors and workmen's inspectors, the mines, districts, and
men's inspectors.
Term of appoint-
ment of workmen's	10. [6d.] Workmen's inspectors shall be appointed for a term not A Workmen's inspector may be removed from his office by the Minister for any cause which the Minister may, in his discretion, deem sufficient.
inspectors.	to exceed two years, but they shall be eligible for re-appointment.
Powers of

inspectors. 11. [7.] A district or special inspector shall have power to do (a) To make examination and inquiry to ascertain whether the provisions of this Act affecting any mine are com- plied with:

1906, No. 36, a, 7,	all or any of the following things, namely :-
amended,

6 GEO. V.] Mines Regulation. [1915, No. 53.

(b) To enter, inspect, and examine any mine and every part thereof at all times by day and night, with such assist- ants as he may deem necessary, but so as not unneces- sarily to impede or obstruct the working of the mine:

(c) To examine into and make inquiry respecting the state and condition of any mine, or any part thereof, and of all matters or things connected with or relating to the safety or well-being of the persons or animals employed therein or in any mine contiguous thereto, and for the purpose of such examination or inquiry the inspector may require the attendance of any mine official or em- ployee, and such official or employee shall attend ac- cordingly:

(d) To initiate mid conduct prosecutions against persons

offending against the provisions of this Act:

(e) To obtain written statements from witnesses, and to appear at inquiries held respecting mining accidents, and at inquests, and to call and examine witnesses, and to cross-examine witnesses:

(f) To exercise generally such other powers as are in his

discretion necessary for carrying this Act into effect.

A workmen's inspector shall have power to do all or any of

the following things, namely

(a) To make examination and inquiry to ascertain whether the

provisions of this Act affecting any mine are complied

with:

(b) To enter, inspect, and examine any mine and every part thereof at all times by day and night, with such assist- ants as he may deem necessary, but so as not unneces- sarily to impede or obstruct the working of the mine ;

(c) To examine into and make inquiry respecting the state and condition of any mine or any part thereof, and of all matters or things connected with or relating to the safety or well-being of the persons or animals employed therein or in any mine contiguous thereto, and for the purpose of such examination or inquiry the inspector may require the attendance of any mine official or employee, and such official or employee shall attend accordingly:

(d) With the authority of a district inspector, but not other- wise, to initiate and conduct prosecutions against persons offending against the provisions of this Act:

(e) Where a district inspector is not available, or with the authority of a district inspector, to obtain written state- ments from witnesses, and to appear at inquiries held respecting mining accidents, and at inquests, and to call and examine witnesses, and to cross-examine wit nesses.

1915, No. 53.] Mines Regulation. [6 GEO. V.

district inspectors.12. [S.] No person shall be qualified to be a district inspector	Disqualification of
1906, No. 36, 8. s, who at the same time actually practises, either alone or in part- amended. nership with any person, as a land agent, mining engineer, mining

manager, viewer, agent, or valuer of mines, or acts as an arbi- trator in any differences or disputes arising between owners, agents, or managers of mines, or is otherwise employed in or is the owner or part owner of or interested as a shareholder in any mine within the State.

information,report or divulge make a report on any mine or mining property or prospect, except	Inspector not to 13. [9.] An inspector shall not, for any purpose whatever,
1906, No. as, S. s. an official report to his superior officer or the Minister, nor shall

he make public or reveal to any person any knowledge or infor- mation obtained by him in the exercise of his official duties, except as aforesaid or when giving evidence in a court of justice.

Penalty, 14.

[10.] Any person who acts as a district inspector when disqualified as aforesaid, and any inspector who contravenes any of the provisions of the last preceding section shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment, with or without hard labour, for a term not exceeding twelve months.

1906, No. 36, s. 10,

amended.

Regulations and 15.

(1.) Any regulation or by-law made or purporting to be made under or by virtue of this Act shall (a.) be published in the Gazette ; (b.) take effect from the date of publication or from a later

By-laws.

date to be specified therein ; and

(c.) be judicially noticed, and unless and until disallowed as hereinafter provided, or except in so far as in conffict with any express provision of this or any other Act, be conclusively deemed to be valid.

(2.) Such regulations and by-laws shall be laid before both Houses of Parliament within fourteen days after publication if Par- liament is in session, and if not, then within fourteen days after the commencement of the next session.

(3.) If either House of Parliament pass a resolution at any time within one month after any such regulation or by-law has been laid before it disallowing such regulation or by-law, then the same shall thereupon cease to have effect, subject, however, to such and the like savings as apply in the case of the repeal of a statute.

amendments. Government Printer shall be printed as amended by this Act, Manner of showings 16. All copies of the principal Act hereafter minted by the

under the superintendence of the Clerk of Parliaments, and the sections of this Act inserted therein shall respectively bear the numbers set against each of them in square brackets, and all neces- sary references to this Act shall be made in the margin.

By Authority: Faun. WM. SIMPSON, Government Printer, Perth,