Mines Regulation Act of 1910 (1 Geo v No. 24) (Qld)

MINING. 1 GEO. V. No. 24, 1910. Mines Regulation Act. 10073 MINING. An Act to Make Better Provision for the Regulation 1NGoe.o. 24V. . and Inspection of Mines. [ASSENTED TO 7TH JANUARY, 1911.J THE MINES REGULATION AOT OF 1910. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART I.-PRELIMINARY. PART I.- PRELIMINARY. 1. This Act may be cited as "The Mines Regulation Short titi?, Act of .1910," and shall commence and take effect on and :~ s~o~ ~IOn> from the first day of May, one thousand nine hundred meneement. and eleven. This Act shall be read as one with "The Mining Act of .1898,"* herein referred to as the Principal Act. 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY. Division of Act. PART n.-PROVISIONS RELATING TO ALL MINES. PART IIl.-PROVISIONS RELATING TO COLLIERIES ONLY. PART IV.-MISCELLANEOUS PROVISIONS. PART V. ___RULES. 3. Sections one hundred and twenty-one alId une Repeal of hseucntidornesd oannedhut\ni\dI' erendty- atwno d , namn . detyP- tahrrteeXItIoI. , twcoomhupnrIdsrmedg e p e rO rta V :i I . S t; I l Ons and forty-six, inclusive, and subsection forty-four and paragraph (h) of subsection forty-five of section two hundred and forty-seven of the Principal Act are repealed. All regulations and special rules relating to any mine or coal mine lawfully made under the Principal Act relating to matters coming within the operation of this Act, and in force at the commencement of this Act, shall continue in force until amended or repealed by rules under this Act. All officers appointed under the Principal Act, and holding office at the commencement of this Act, shall also be deemed to have been appointed under this Act. ./)2 Vie. No. 24, 6'lIp'I'a, page 6609. «

10074 PART L- PRELIMINARY. MINING. Mincs Regulation Act. 1 GEO. V. No. 24, Interpretntion 4. In this Act, unless the con text otherwise indicates, the following terms have the meanings set against them respectively, that is to say :- Agent. " Agent "-The person or body corporate having as the attorney or representative of the owner control of the mine and of the manager; Excavation. Explosives. "Excavation"-Any cavity in a mine: the term includes shafts, winzes, drives, and all passages . and workings; "Explosives"-Explosives within the meaning of "The Explosives Act of ] 906"* ; Inspector. "Inspector"-An inspector of mines appointed or deemed to have been appointed under this Act: the term includes the Chief Inspector and any assistant inspector; MachinerJ. "Machinery"-Every kind of mechanical appli- ance: the term includes boilers, air receivers, steam pipes, air pipes, electric wires, cables, belts, and ropes employed in or about a mine; Manager. "Manager"-The person, having immediate charge and direction of the mining operations on any mine: the term includes a mine manager appointed pursuant to this Act and any deputy appointed by an owner, agent, or manager; Mine. "Mine"-A place where any operation for the purpose of obtaining metal or mineral has been or is being carried on, or where the products of any such place have been or are being treated or dealt with; Mining. "Mining" or "Td Mine"-To disturb, remove, cart, carry, wash, sift, melt, refine, crush, or otherwise. deal with, any rock, stone, quartz, day, sand, soil, or mineral by any mode or method whb-tever for the purpose of obtaining metal or mineral therefrom; ·OW!ier. " Owner"- Any person or. body corporate, being the immediate proprietor or lessee or occupier of any mine or any part thereof: the term does not include a person or body corporate merely receiving a royalty, rent, or fine from a mi.ne, or being merely the proprietor of a mine subject to any lease, grant, or license for the * 6 Edw. VII. No. 21, supra, page 9054.

1910. MINING. Mines Regulation Act. 10075 PART I.- PRELIMINARY. working thereof, or being merely the owner of the soil and not interested in the minerals of the mine; "Pian" includes an original plan or section and a Plan. correct copy or tracing thereof; , " Prescribed "-Prescribed by this Act; Prescribed. " Shaft "-Any vertical or inclined way or opening Shaft. downwards, whether from the surface or from any underground working, which is or might be used for winding, draining, travelling, or ventilating purposes in connection with the working of a mine: the term includes a winze which is or might be so used; " This Act "-This Act with the rules set forth in This Act. the Schedule to this Act and all further and other rules and special rules made under or pursuant to this Act, for the time being in force; " Winze"-Any vertical or inclined way or open- Winze. ing downwards from the underground workings in a mine. Other terms used have the ml'anings respectively assigned to them by the Principal Act. 5. This Act shall extend and apply to every mine Application under what tenure soever held. of Act. PART Ir.-PROVISIONS RELATING TO ALL MINES. Inspection. PART II.- PROVISIONS RELATING TO ALL MINES. 6. The Governor in Council may from time to time Appointment, appo . m t persons to b e Ch· lefnIspetc or 0 f • Y· mes, I.nspec t ors of inspectors. of mines, or assistant inspectors of mines. Every inspector appointed after the commencement of this Act shall hold a first-class certificate as a mine manager granted under this Act. 7. An inspector may from time to time and as often Powers of as in his opinion is necessary- impector. (i.) Enter, inspect, and examine any mine and any part thereof at all times by day or night, but so as not unnecessarily to impede or obstruct the working of the mine; •

10076 PART n.- PROVISIONS RELATING TO ALL MINES. MINING. M ine~ Regulation Act. 1 GEO. V. No. 24, (ii.) Make examination and inquiry to ascertain whether the provisions of this Act affecting any mine are complied with; (iii.) Examine into and make inquiry respecting- (a) The state and condition of any mine or any part thereof; (b) The state and condition of the machinery in or about the mine; (a) The ventilation of the mine; (d) The sufficiency of the rules and any special rules for the time being in force therein; (e) All matters and things connected with or relating to the safety or well-being of the persons employed in or about the mine or any adjacent mine; (f) The care and treatment of the horses and. other animals used in the mine; (iv.) Initiate and conduct prosecutions against persons offending against this Act; (v.) Obtain written statements from witnesses and appear at inquiries held respecting mining accidents, and, if he thinks fit, call and examine and cross-examine witnesses; (vi.) Exercise such other powers as are necessary for carrying this Act into effect. • oIpnusrfppeofcsetiiso.cn foira aS l S · Is 8 ta . nt (1 G .) ovAenrnymewntargdeeon I , Og ' lGSto, vWer . Inthmesnutch gaesosliosgtaisntt, s aosr he deems necessary, may at all reasonable times enter and inspect any mine for official purposes. (2.) The Minister may at any time authorise any officer of the Department of Mines or a surveyor to enter and inspect any mine. (3.) For the purpose of every such inspection, every such officer shall have all the powers and authorities conferred on inspectors by this Act. Record-book. 9. (1.) Every inspector shall, after an inspection made by him, forthwith enter in a book to be kept at the mine and called the" record-book" particulars of- (a) The portions of the mine inspected by him; (b) The nature of his inspection;

MINING. 10077 1910. MinesRegulation Act. PARTIL- PROVISIONS RELATING TO. ALL MINES, (c) Every defect which he observes in the state and condition of the mine and machinery; (d) Any alterations or requirements he thinks necessary. (2.) But nothing contained in or omitted from such entry shall limit or affect the duties or obligations of the owner, agent, or manager under this Act. (3.) The record-book shall be kept solely for the purpose of entering therein t he records and reports required by this Act. It shall be kept in good order and condition, and all entries therein shall be written in ink and shall be signed by the person making the same. (4.) The record-book shall be open at all reasonable times to the examination of the inspector, and of the workmen employed in the mine, ana of the persons appointed by the miners to inspect the mine in the manner hereinafter provided by section eleven of the Act, and of any person authorised by the Minister. 10. Any person working in a mine may make, either Complaint by personally or by a representative, complaint to an inspector miner. that any thing or practice connected with the mine is dangerous, and the inspector shall take slWh steps as he deems necessary to investigate and remedy the matter. The name of the informant shall not be divulged~ 11. (1.) '1'he miners employed in a mine may, at IIl:sp6ctioD by their own cost, once in every month, appoint two of their mlDers. number or any two persons who are practical miners to inspect the mine; and the persons so appointed shall, on giving notice to the manager, be allowed to inspect every part of the mine and all its machinery and appliances. (2.) If at any time the workings, or any part of the workings, of any mine·are considered unsafe by any of the miners working therein, the miners working therein may, in like manner, appoint two of their number or any two persons who are practical miners to inspect such workings, and the persons so appointed shall, on giving notice to the manager, be allowed to inspect such workings. (3.) Every facility shall be afforded for such inspec- tions, and the manager or one or more officers of the mine . may, if the owner, agent, or manager thinks fit, accompany the persons making such inspections. 2E =

10078 MINING. PART II.- PRoVISIONS RELATING TO ,ALL MINES. Mines Regulation Act. 1 GEO. V. No. 24, (4.) The persons so appointed shall record and sign a true report of the result of every such inspection in the record-book, and, if the report states the existence or apprehended e~ istencp, of any danger, they shall forthwith cause a true copy of the report to be sent to the inspector, and shall notify the manager. (5.) The person,s so appointed shall, while making any inspection for the purposes of this section, be deemed to be workers employed by the owner of the mine within the meaning of "The Workers' Compensation Aot of 1905."* Any dangerous practice or omission shall be remedied. 12. (1.) Whenever an inspector finds at or on a mine or part thereof that any thing or practice connected there- with is wholly or partly dangerous or defective, or that the absence of any thing or practice threatens or tends to the hodily injury of any person, and the case is not elsewhere sufficiently provided for by this Act or by any special rule of the mine, the following provisions shall apply:- (2.) The inspector shall report the facts to the Minister, and shall, if directed by the Minister, by requisi- tion in writing addressed in general terms to the owner, agent, or manager, and delivered at the mine, specify the nature of such danger or defect, and his reason for holding that the same exists, and require that the matter com- plained of be forthwith l"emedied; he shall also forward a copy of such report and requisition to the warden. (3.) If the owner, agent, or manager objects to comply with such requisition, he shall, within ten days after the delivery thereof as aforesaid, send his objections in writing, stating the grounds of his objections, to the warden, and shall also send a copy of the same to the inspector, who shall report on the same to the warden. The warden shall fix a time for the hearing ,of the rflquisition and the objections, and shall cause notice to be given to the objector and to the inspector of the time so fixed. On the hearing, the warden's court may, by order, confirm, reverse, or modify the requisition as it thinks fit, and, subject to any appeal, such order shall be final and binding on all parties. (4.) If the owner, agent, or manager fails to comply with the requisition or order, and such failure continues 11 5 Edw. VII. No. 26, supra, page 8943. ?

MINING. 10079 1910. Mines Regulation Act. PARTII.- PROVISIONS RELATING TO ALL MINES. for fourteen days after the expiration of the time for objection, or after the date of the order, or after the date of the final decision on an appeal which confirms such order in whole or in part, as the case may be, he shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding one pound for every day during which such non-compliance continues. (5.) In any proceedings for a penalty in respect of such offence the court, if satisfied that the owner, agent, or manager has taken ~. ctive measures for complying with the requisition or order, but has not, with reasonable diligence, been able to complete the works, may adjourn such' proceedings? and if the works are completed within a time which the court thinks r'easonable no penalty shall be inflicted. 13. When an inspector is not habitually resident, Warden may and the warden has reason to believe that any shaft or ? ~ * : ctiCln. underground working' is unsafe from insufficient timber- ing or any other cause, he shall cause an examination of such shaft· or working to be made by two competent persons, and upon the report of such persons may order the owner of the mine to remove the cause of danger within a specified time, and, further, to pay the cost of inspection; and he may prohibit any further work being done in such shaft or working until such order has been complied with. For the purposes of any such inspection such persons shall have all the powers and authorities conferred on inspectors by this Act. 14.- (i.) Any person who wilfully ohstructs or uses Obstructing insulting language to an inspector or any inspector. person having the powers and authorities of an inspector in the execution of his duty; and (ii.) Any owner, agent, or manager of a mine who refuses or neglects to furnish to the inspector, or any person having the powers and authorities of an inspector, the means necessary for making an entry, inspection, examination, or inquiry under this Act in relation to the mine; -shall be guilty of an offence.

10080 PART II.- PROVISIONS RELATING TO ALL MINES. MINING. Mines Regulation Act. 1 GEO. V. No. 24, Responsibility in connection with ]J1ines. Appointment 15. (1.) Every mine while being worked shall be of manager. under a manager, who shall be responsible for the control, management, and direction of the mine. The owner or agent of every mine shall appoint him- self or some other person to he manager of such mine, and shall within fourteen days after such appointment send written notice to the warden of the manager's name and address. He shall also give notice of any change of manager within three days after such change. In every case where and so long as a mine is worked without a manager, the owner or agent of the mine shall be answerable for all the obligations of tJ.1e manager under this Act. Except as is hereinafter provided, a contractor for getting mineral in any mine or any portion of a mine shall not be appointed to the post of manager of that mine or any portion thereof. . (2.) The warden shall record in a register to be kept at. his office the names and addresses of all managers of mmes. Certificated Ulanagers. 16. (1.) Subject to the provisions hereinafter men- tioned, no person shaH be qualified to be a manager unless he holds a certificate as a mine manager granted under this Act. (2.) If, after the first day of September, one thousand nine hundred and eleven, any mine is worked for more than fourteen days without such a certificated manager, the owner and agent of fluch mine shall each be liable to a penalty not exceeding ten pounds, and toa further penalty not exceeding ten pounds for each day during which such mine is so worked. (3.) Provided that, if for any reasonable cause there is for the time being no certificated manager available, the owner or agent may, or, if the manager of the mine is incapacitated from performing his duties or is about to be absent for more than three days, he or the owner or agent may, appoint some competent person, not neces- sarily the holder of a mine manager's certificate, to be deputy manager until a certificated manager is obtainable or during such incapacity or absence; and the owner, agent, or manager shall forthwith notify such appointment, and the reason therefor, to the warden and inspector. The person so appointed shall be subject to the same obligations and liabilities as the manager.

MINING. 10081 1910. MinesRegulation Act. PART U;- PROVISIONS. RELATING TO ALL MINES. But no such appointment shall, except with the approval of the Minister, be for a longer period than two months. (4.) All mines in which not more than twenty persons are ordinarily employed below ground shall be exempted from this section, unless the Minister, in any particular case or class of cases, dj rects that such mine or mines shall be subject to this section notwithstanding that the number of men ordinarily so employed is not more than twenty; .in such event this exemption shall not extend to such mine or class of mines, and the manager to be appointed shall hold such grade of certificate as the Minister directs. (t).) For the purposes of this section" mine" means a place where any operation for the purpose of obtaining metal or mineral has been or is being carried on, but not a place where the product of any such place is being treated or dealt with. 17. No person shall be appointed manager of more Working than one mI.ne w 1 1ere I . n tlle aggregate more than t wen t y omnoeremitnhean men are employed, unless by the special written permission under • of the Minister. one manager. 18. Within one month after mining operations in Notice of a mine are commenced, discontinued, recommenced, or : : ~ eJl~ ~ . abandoned, notice of the fact shall be given by the owner, conti~uance, aO (: 'e : n ) t , or man . ager to the warden or inspector . manednta. bandon- 19. (1.) The manager shall enforce the observance Manager to of all the provisions of this Act in the mine under his enforce Act. charge, and of all the rules applicable thereto. (2.) As soon as practicable after the occurrence of any breach of this Act that shall have come to his knowledge, he shall report the same in writing to the inspector, warden, mining registrar, or Minister, whether the same has been committed by any person employed in or about the mine, or by a contractor or tributer working therein or his men, or by any other person. 20. (1.) In every mine daily personal superVIsiOn Daily .. of all working parts of the mine shall be exercised either superVISlOD. by the manager or by a competent person appointed by . the owner, agent, or manager. (2.) rrhe ,person appointed to assist the manager in the supervision and control of the underground works shall, if more than t,,-enty men are ordinarily employed below ground, be the holder of a certificate under this Act. d

10082 MINING. PART II.- PROVISIONS BELATING TO ALL MINES. Mines Regulation Act. 1 GEO. V. No. 24. Written notice of such appointment shall, within fourteen days aftrr such appointment, be sent by the owner,agent, or manager to the warden or inspector. The person appointed as aforesaid shaH, in the absence of the manager at any time, and unless and until some other person is appointed to be deputy manager during such absence as hereinbefore provided, be subject to the same obligations and liabilities as the manager. But the appointment of such a person to assist the manager shall not affect the personal responsibilities of the manager under this Act. Manager to inspect. 21. The manager shall make a weekly inspection of I,he mine, and shall record in the record-book the result of such inspection and his opinion as to any precautions, repairs, or alterations required to ensure greater safety to the persons working in or on the mine. Withdrawal of workmen in case of danger. 22. If at any time it is found by the person for the time being in charge of a mine or any part thereof, or by the inspector, tImt by reason of any cause whatever the mine or that part is dangerous, every workman shall forthwith be withdrawn from the mine or part so found dang-erous; and • a competent person or persons, appointed for the purpose by the owner, agent, or manager, shall inspect the mine or part so found dangerous, and, if the danger arises from inflammable gas, shall inspect the mine or part with a locked safety lamp, and in every case shall make a true report of the condition of the mine or part; and, except so far as is necessary for inquiring into the cause of danger or for the removal thereof or for exploration, no workman shall be readmitted into the mine or part so found dangerous until the sa.me is stated by the person or persons appointed as aforesaid not to be dangerous. Every such report shall be recorded in the record- book~ and shall be signed by the person or persons making the inspection. Manag~ r' ~ . 23. In every mine it shall be a condition of the f r o es r p w on o s r l k ~ m lh g ty aO I:> 'reement with every contractor and tribut . er workinO 0 ' in of con~ ractorB. the mine that the manager shall have supervision and and trlbuters. control of all the work carried out by the contractor or tributer, and in respect of such work shall be deemed to be the manager appointed by the contractor or tributer in so far as such contractor or tributer is owner of such mine or part tl1ereof, unless the contractor or tributer, with the =

MINING. 10083 1910. Mines Regulatiw Act. PART II.- PROVISIONS RELAT1NGW ALL MINES consent in writing of the OWl1er, agent, or manager from whom the contract or tribute is taken, himself appoints a manager to have charge of the said work. The owner and the contractor or tributer .!'lhall, in writing, prescribe the part or parts of the mine in which such contractor's or tributer's manager shall have respon- sibility for the due performance of this Act, and beyond such prescribed part or parts the first-mentioned manager shall have full responsibility. This section shall not apply where the whole of the land or mines comprised in a mining tenement has or have been let on tributtJ, and it is one of the conditions of the tribute agreement that the tributer, or some person nominated by him, shall be appointed manager. • 24. The occurrence of any accident in or on a mine Accident S h a11 be pn . ma A J - a f' c . z ' e eVl' dence 0 f neglI' gence on the par t 0 fenveidgleencct.e of the owner and the manager. Examination arid Oert~ fi( Jates of Mine Managers. 25. The Governor in Council may, from time to time, Appoint~ ent appO.lnt sue11 persons and 0 f - ' such number as he thI' nk s fit of exammers. to be a board of examiners to examine candidates desirous of becoming mine managers. 'rhe Chief Inspector of Mines shall, by virtue of his office, be a member of such board and the chairman thereof. Suhject to this Act, such board shall have power to grant certificates to candidates who satisfy the board that they possess the necessary knowledge, skill, and experience, and are not otherwise unfit, and shall also have such other powers as are conferred by this Act. - follow 26 in . g ( c 1 e . r ) tiSfiucacthesbaofatredr eshxaalml ihnaavteiopno-nwaemr etoly, grant the . cCelratsisfeicsaotefs. }-'irst-class certificate; Second-class certificate. (2.) A first:class certificate shall entitle the holder Stat~ lS of thereof to be manager of, or to assist the manager in, any certIficates. mine; and the holder of such certificate shall be designated therein as a mine manager. (3.) A second-class certificate shall entitle the holder thereof to assist the manager in any mine; and the holder of such certificate shall he designated therein as an under- ground fOl'eman.

10084 MINING. PART II.- PROVISIONS RELATING TO ALL MINES. Mines Regulation Act. 1 GEO. V. No. 24, (4.) Subject to this Act, the board shall have power to grant, without examination, certificates of service, which, according to grade, shall have the same effect as first-class and second-class certificates respectively. (5.) Certificates shall be granted in respect of metal- liferous mines and collieries; ('ach certificate shall set forth the class of mine in respect of which it is granted, and shall be applicable only to that class of mine. Rules relating (6.) 'rhe rules set forth in the fourth part of the ~~ ~~ ~ie. Schedule to this Act shall apply to the granting, suspen- sion, and cancellation of certificates, and shall be observed by the board and all persons concerned. But such rules shall not be construed to prevent or limit the making of further or other rules under this Act for the purpose of giving full effect thereto. Obtaining cimerptirfoicpaetrely. 27. (1.) Any person who obtains or attempts to obtain a certificate under this Act b • y fraud shall be liable to a penalty not exceeding twenty pounds. (2.) Every such certificate improperly obtained, whether obtained before or after the commencement of this Act, may be cancelled by the board; and the holder ther~ of shall, when called upon by the board, return such certIficate. (3.) Every person who uses any such certificate, after notice by the board that the same has been cancelled, shall be liable to a penalty not exceeding twenty pounds. Notice of accident to inspector. Procedure in Case of .Accidents. 28. (1.) Forthwith after the occurrence of any acci- dent in, on, or about a mine causing death or serious bodily injury, the manager shall give notice thereof to the inspector, or, if he is not immediately available, to the warden. (2.) The place in which any such accident has occurred shall not be interfered with, except for the purpose of saving life or preventing further injury, until it has been examined by the inspector, or, in his absence, by. two competent persons appointed by the warden,or, in the warden's absence, by a justice of the peace; and such examination shall be made as soon as practicable. Any two persons appointed by the miners in the manner provided by section eleven of this Act may, if they so desire, also examine such place. (3.) Within one month after the occurrence of any accident in, on, or about a mine attended with bodily injury to any person, the manager shall give notice in writing to

MINING. 10085 1910. MinesRegulation Act. PART II.- PnOVISIONS RELATING TO ALL MINES" the inspector whether or not such accident resulted in more than fourteen days' disablement of the inj"ured person. (4.) Forthwith after the occurrence of any accident of any kind in connection with the winding arrangements, .or any breakage of any essential part of the winding machinery at any mine, whether any bodily injury to any person or damage to property has resulted or not, the manager shall give notice thereof to the inspeGtor, or, if he is not immediatehr available, to the warden, and shall record particulars of ~uch accident in the record-book. (5.) Any manager who omits to give any such notice as is prescribed by this section shall be guilty of an offence. 29. It shall be the duty of persons employed in Miners to or about a mine to report to the manager any accident in, ~ ~ ~ ~ ! nts. on, or about the mine which comes to their knowledge as soon as possible after the occurrence thereof. Any person who neglects so to do shall be guilty of an offence. 30. When ten or more persons are ordinarily employed Ambulance. in or about a mine, ambulances or stretchers, with splil1ts and bandages, shall be kept at the mine ready for immediate use in case of accident, unless there is an ambulance corps established within a radius of two miles from the mine. 31. (1.) In every case of accident causing death or Inq,uiries into serious bodily injury, an inquiry into the nature and cause aCCIdents. of such accident shall be held before the warden and four experienced miners selected by the warden, and having no connection with or interest in the mine where the accident occurreJ. (2.) In every case of accident causing death, the warden shall, at least four days before such inquiry is held, send notice of the time and place of holding the inquiry to the owner, agent, or manager of the m"tne in or on or about which the accident has occurred, and to the principal officer of police in the district, and to either of the two persons appointed by the miners to inspect the mine under section eleven of this Act, and also to the widow or nearest of kindred of the deceased, if such widow or neare~t of kincll'ed can be ft)und on the gold field or mineral field where the accident occurred. •

10086 MINING. PART II.- PROVISIONR RII:L!\,TING TO ALL MINES. Mines Regulation Act. 1 GEO. V. No. 24, In every case of accident causing serious bodily injury, like notice shall be given to such owner, agent, or manager and to such person resident on the gold field or mineral field as the injured person may name. Any person to whom such notice is sent shall be entitled to be present at tne inquiry and to call, examine, and cross-examine any witness either ill person or by his· counsel, solicitor. or agent. (3.) 'rhe warden shall forward to the Attorney-General the notes of evidence taken at such inquiry, and the opinion of the experienced miners and his report as to the nature and cause of sueh accident, and shall forward a copy of the same to the Minister. (4.) The warden may in like manner hold an inquiry into any accident in, on, or about a mine, whether such accident was attended with injury to any person or not. (5.) The warden may issue his summons for the attendance of witnesses at inquiries into accidents held under this section, but no witness shall be compelled to attend to whom payment or tender of his expenses on the prescribed scale has not been made. (6.) If the warden finds that the accident was caused, directly or indirectly, by the non-observance by the holder of any certificate under this Act of any of the provisions of this Act, or by reason of' his negligence, the warden may suspend his certificate until such time as he is called un l. on bv • the Hoard of Examiners for Mine Manag ~ ers, in the manner prescrihed by this Act, to show cause why his certificate should not be further suspended or cancelled or otherwise dealt with; and during the period of. such disqualification the person so disqualified shall, for all the. purposes of this Act, be deemed not to be the holder of a certificate. .\ otice of every such disqualification shall be forwarded to the said Board, and the said Board shall forthwith on receipt of such notice call upon the person disqualified to show cause as aforesaid. (7.) Bor all purposes of an inquiry under this Act. the warden shall have the power of a warden's court. Who shall not be employed. Employees. 32. (1..) No person uncler the age of twenty-one years shall act as mine manager. (:!.) No person under the age of eighteen years shall be employed as brace man, platman, or lander in or 01'1 any mine, or be allowed to handle, charge, 01' fire explosives.

MINING. 10087 PART 1I.- 1910. Mines Regulation Act. PROVISIONS , RELATING TO - - - - - - - - - - - - - - - - - - - - - - - - - ALL MINES. (3.) No boy under the age of sixteen years, except with the written permission of the Chief Inspector of Mines, and who has passed the fifth standard at school, and who has also obtained a doctor's certificate as to his physical fitness, and no female shall be employed below g~ ound in any mine. No such permission shall be granted WIth respect to any boy under the age of fourteen years. (4.) In dangerous ground, no workman shall be employed alone unless there is some person within easy hearing. ' 33. (1.) Any person who does not hold a certificate EJ?-gine. un d er "m 1 ' 1 h e .L T. nSpeO t w ' n O ,, J /, M ao h ' ' lnery an d S oa , . . u f1' 0 . ld " ' ,ng.LL A O t cderIrtviefircsattoedb. e qf IH08,"* entitling him to drive a winding engine, and who takes or has charge of any winding machinery by which men or materials are raised or lowered, or under which men are working, in any shaft, shall be guilty of an offence. (2.) Any person who employs an uncertificated person contrary to this section shall be guilty of an offence. 34. (1.) Everv certificated engine-driver in charge of Medical ' a W.Indm' g eng.me"sha11 h 0 Id a meCdl'ca1 cert'Ificate, whl'Ch ' cpeerrtsiofnicsaiten for shall be renewed or endorsed at intervals not exceeding two charge of years or a t suc h t I · me or t' lmes as t h e owner, manager, mwiancdhiinngery. or inspector may require, certifying that the holder is free from deafness, defective vision, epilepsy, disease of the heart, and any other infirmity, wl~ ich might cause him to lose control of the engine. (2.) Any engine-dl'iver who, in the opinion of two duly registered medical practitioners, is not in a fit state of physicul health to have charge of a winding engine shall not take such charge. (3.) Any engine-driver who does not comply with or contravenes this section, and any manager who employs such engine-driver, shall each be liable to a penalty not exceeding- twenty pounds. 35. When any person who is m charge of wind- Negligence of l . ng mac h m ' ery on a mI . ne h as, b een gm' Ity 0 f neg l I ' gence " p h e a rs r o ~ e n o ID f or misconduct, whereby the life or safety of any person win\ ~ i. ng was or ml.ght have been endangered ,t he" lnspector sha11 Illaclllllery. forthwith report the facts to the Chief Inspector. * 8 Edw. VII. No. 9, supra, page 9290.

10088 MINING. PART II.- PROVISIONS RELATING TO ALL MINES. Mines Regulation Act. 1 GEO. V. No. 24, Inspector . 36. No person other than a watchman or caretaker ~ : d:;t;~~~e in charge of machinery used in connectio~ with any m~ ne in certain shall be so employed for more than eIght consecutIve cases. hours at any time, or for more than eight hours in any twenty-four hours. Such period of eight hours shall be exclusive of- (a) Any time occupied in raising or exhausting steam, or in drawing fires in connection with· the machinery in his charge; and (b) Meal times; and (0) Any time in which such person is employed in case of breakage or other emergency. Plans to be furnished. 37. (1.) No person shall do or cause or permit to be done any work in or about.a mine on Sunday unless such work is- .(a) That of watchman or caretaker for the protec- tion of property in or about tile mine; . Cb) In connection with smelting or roasting furnaces,oI' ore reduction plants using chemicals in a continuous process; Cc) Examination of shafts, ropes, and other appli- ances~ or repairs or cleaning above or below ground which cannot be done upon any other day without unduly interfering with the work- ing of the mine, and which are 'necessary to enable work to he resumed at the close of Sunday; (d) Pumping or otherwise clearing a mine from water so that work may be resumed at the close of Sunday; (e) Sinking any shaft in wet ground when, in the opinion of the inspector, the inflow of water is so serious as to necBssitate continuous work; (f) Necessitated hy a dangerous emergency; (.q) Authorised by an inspector, as hereinafter pro- vided. (2.) Every owner, agent, or manager who employs a workman to do work on a Sun~ ay contrary to this Act shall be liable to a penalty not exceeding five pounds for every workman so employed. ocEhfmaprpeglroesyoomnfiennt ment 3 o 8 f . laAbnouinr sopnecatoSru, nodnaybeiisngnescaetisssfaieryd ttohaatvothide etmheplroisyk- machinery. of damage to the underground workings, machinery, or

Mf.NING. 10089 1910. Jhnes Regulation Act. PART II.- PROVISIONS RELATING TO ALL MINES. equipment of a mine, or serious delay in the !'mbsequent working of the mine, may give a permit for such employ- ment by writing, stating therein- (a) The reasons therefor ; (b) The number of workmen who may be employed; (c) The nature of the work to be performed; and (d) The period for which the authority shall extend. Permits granted i:p. accordance with this section shall be posted at a conspicuous place at the surface brac~ . P?ans. 39. From the date of the commencement of this Act- Sunday work. (1.) The owner, agent, or manager of' every mine, if the Minister so directs, where six or more men or, if the Minister so directs, where any less number of men, are ordinarily employed below ground, shall keep at the office at the mine accurate plans of the workings, made from actual survey by an authorised surveyor or other competent person appointed' by the 'warden, showing the underground workings effected within three months in the case of collieries, and effected within six months prior to the passing of this Act in the case of all other mines. At intervals of not more than three months in the case of collieries and six months in the case of all other mines, all additional underground workings :md extensions made since the previous survey was effected shall be surveyed and delineated on the plans. (2.) In the month of March of every year, the owner, agent, or manager shall transmit to the Minister, through the inspector, certified copies of such plans, showing the workings up to the time of the last survey, and for the purposes of this section tbe inspector shall return to the manager such copy not later than the thirty-first day of January in each year. (3.) Every such copy shall bedeposittd with such person at such place as the MiDister mlty appoint. (4.) If the Minister has r-eason to believe that any plan received by him is incorrect or incomplete, he may cause a check survey to be made of the underground workings by a mining surveyor, and, if such plan is proved to be incorrect or incomplete in any material respect, the owner, agent, or manager shall pay the cost of such survey and all expenses incurred in connection therewith; and . such cost and expenses shall be recoverable as a debt due to His Majesty:

10090 PART II.- PR(.VISIONS RELATING TO ALL MINES. MINING. Mines Regulation Act. 1 GEO. V. No. 24, (5.) The plans to be kept shall include- (a) A plan of all tenements situated on the mine showmg the position thereon of all shafts, open cuts, and openings from the surface to underground workings erected, effected, or made by any owner 011 any mine acquired by him after the passing of this Act; Cb) A general plan of all underground workings to a scale not less than two chains to an inch in the case of collieries, and, unless accepted by the inspector, not greater than twenty feet and not less than sixty feet to an inch in the case of all 'other mines, showing the levels superimposed one upon another, and if the lower levels cannot be so shown clearly, owing to those at higher levels being superimposed, there shall also be furnishe{l such plans of each level or of suc- cessive groups of levels as are sufficient to clearly show the workings in each level; (0) If required by the inspector, longitudinal sections to the same scale as the plans of the workings showing all stoping, and sufficient cross sections to the same scale as the plans to clearly show the reefs and workings thereon. (6.) The plans shall be produced to the inspector or any other officer duly authorised by the Minister, and the owner shall, if requested, mark or cause to be marked on such plans, within a reasonable time after the request for such production, the progress of the workings of the mine up to the time of the request of such production, and shall allow the inspector or such other officer to examine and take a copy thereof. (7.) If the owner, agent, or manager of any mine- «(6) Fails to keep ana. transmit such plans as pre- scribed by this section; or (b) Wilfully refuses to produce such plans and mark them as prescribed, or to allow them to be examined or copied; or (0) Conceals any part of the workings of his mine; or (d) Knowingly produces an imperfect or inaccurate plan, he shall be guilty of an offence.

MINING. 10091 PART 1I.- 1910. MinesRegulation Act. PROVISIONS RELATING TO ALL MINES. 40. Except by permission of the Minister, no plan Copies of or copy or tracing of any plan transmitted to the Minister b~ a~ ! r~ ~ ~~ Zd. or taken by any officer under this Act shall be furnished to, or be open to. inspection by, nor shall information in relation thereto be given to, any person. . If any officer, without such permission, furnishes to any person or allows any person to inspect any such plan or copy or tracing of any plan, or gives any information in relation thereto, he shall be guilty of an offence. 41. (1.) Upon the application of any person claim- ~ ntry ,!,nd ing to be interested in any mine or land adjoining or mspectlOn. near to another mine, or of any Local Authority having control of any road in the vicinity of a mine, supported by such evidence as the warden thinks proper, the warden may, by order,authorise such person or his surveyor to enter on such last-mentioned mine to ascertain- (a) Whether any encroachment exists, and if so the extent thereof; or (b) Whether there is any influx of water there- from or any accumulation of water thereon; or (c) Whether any surface rights are interfered with or endangered; or (d) Any other matter for which in the warden's opinion such inspection is necessary. Before making any such order, the warden may.in his discretion direct that the owner or agent of such mine shall be served with notice of such application, and have an opportunity of adducing evidence and being heard in opposition thereto, and for such purpose may adjourn the application. Before making any such order, the warden may require the applicant to deposit such sum of money as the warden thinks sufficient to cover the cost of inspection and compensation for loss or expense. Every person so authorised may thereupon enter upon the mine des0ribed in the order, descend any mine or shaft, and make such inspection, and, if a surveyor, such survey, sections, l.md plans as he deems necessary, and avail himself of the engines, machinery, and appliances used in the ordinary operations of the mine; and the manager shall render all necessary assistance to the person so authorised. The warden may, out of any sum deposited as afore- said, defray the cost of such examination, and, if the m

10092 MINING. PART H.-- PROVISIONS RELATING TO ALL MINES. Mines Regulation .Act" 1 GEO. V. No. 24:, manager renders the as~ istance necessary for the purposes aforesaid, and if there is no encroachment or other matter justifying the inspection, may out of such sum award to the owner compensation for any loss or expense to which he is put by reason of such examination". And the balance, if any, of such money shall be returned to the person making the deposit. (2.) Upon any such application as aforesaid, the warden, if in his opinion an inspection of the plans of the mine may be sufficient, may, in lieu of or as a pre- liminary to any order for inspection of the mine under this section, order that the applicant or some other person on his behalf shall be at liberty to inspect the plans of the mine or of such portions of the mine as may be necessary; and the manager shall thereupon produce such plans to the applicant or person authorised by the warden. In such case no order for inspection of the mine shall be made unless the warden is satisfied that inspection of the plans as aforesaid has proved to be insufficient. (3.) If any such person, except as a witness in a court of justice, without the consent, in writing, of the owner or agent of the mine entered upon, divulges to any person whomsoever any informa.tion obtained upon or by such inspection of the plans or such entry or inspection of a mine, otherwise than for the purposes thereof, or if any manager refuses the assistance necessary to enable the person so authorised to make such inspection or entry and inspection, he shall be liable to a penalty not exceeding one hundred pounds. General and Special Rules. Ge~ eral ~es 42. (1.) The general rules set forth in the second for_a.ll mmes. part of the Schedule to this Act shall be observed in every mine, including collieries, except in so far as other provisions are prescribed with respect to collieries. Power of Goven;tor in (2.) If it is proved to the Governor in Council that ~ : e;~ ~ !~ ter the observance of the said general rules br any part of orva.ry;Wes.' them (whether amended or not under this Act) is not reasonably practicable in any particular mine, he may from time to time, by notification in the Gazette, suspend or vary such rules or part thereof in such manner as he deems necessary with respect to such mine. And any general rules so varied shall be deemed to be the general rules of the mine to which they relate.

MINING. 10098 PARTII.- 1910. Mines Regulation Act. PROVISIONS RELATING TO - - - - - - - - - - - - - - - - - - - - - - - - ALL MINES. 43. (1.) As an addition to such general rules theSpeci~ l rules. inspector may, by notice in writing, require special rules for the maintenance of order and discipline and the prevention of accidents to be drawn up by the manager to meet the local conditions, as a guide for the conduct of persons employed in and about the mine. 12.) But such special rules shall not in any .way conflict with this Act. (3.) Such special rules shall be lodged with the Chief Inspector, by whom they shall be submitted to the Minister for approval, and the Minister may, if they appear to be unreasonable, require them to be altered. (4.) ~ uch special rules, when approved by the Minister, shall, with respect. to that mine, be deemed to be part of the prescribed general rules. 44. A printed copy of all thp. said general rules and Copy of rules all other rules under this Act and of this section shall be ! ~ :~p: ~ at posted in the office, if any, and on a building or board in some conspicuous place in connection with every mine. PART 111.- PROVISIONS RELATING TO PART III.-PROVISIONS RELATING TO COLLIERIES ONLY. COLLIERIES ONLY. 45. (1.) Withill one year and six months after com- Two opening. mencing the working of any ·bol'ds, stalls, or long-wall to b~ d d workings in any colliery, there shall be made and COID- proVl e • pleted at least two separate openings to the surface from such mine, not less than fifty feet apart, intercom- municating with each other, by means of either of which openings all persons employed in the mine may at all times pass in or out. (2.) The owner of any colliery wherein two such openings are not completed as aforesaid shall be liable to a penalty not exceeding fifty pounds for every month during which the same remain incomplete whilst work is carried on in the mine. (S.) The foregoing provisions of this section shall not apply so long as not more than ten persons are employed below ground at anyone time in the whole of the different seams in connection with each opening in such mine. (4.) Where two separate openings to the surface are provided, proper apparatus for raising and lowering men at each such opening shall be kept on the works of the mine; and such apparatus, if not in actual use at the openings, shall be so kept as to be quickly available for use. 2F #

10094 MINING. hM III.- - - - - - - - - - - - - - - - - - - - - - - - - PROVISIONS BBLATING TO Mines J?egulation Act. 1 GEO. V. No. 24, COLLIERIES - - - - - - - - - - - - - - - - - - - - - - - - ONLY. Option of (5.) Where there is a downcast shaft and furnace shaft using to the same seam, and both such shafts are provided with . dhoawftn.cast apparatus in use for raising and lowering persons, every person employed in the mine shall, on giving reasonable notice, have the option of using the downcast shaft. Walls to be left. 46. On the inside of the buundary lines of every colliery, suitable walls shall be left standing, which shall be not less than fifteen yards in width measured at right angles from the boundary line: Provided that the Minister may give written permis- sion for such walls to be partially removed or cut through or wholly removed on such conditions as he thinks fit. Payment by Weight. Payment by 47. Where the amount of wages payable to any wpeerisgohntsto persons employed in a colliery depends on the amount of employed in mineral got by them, such persons shall be paid according collieries. to the weight of the mineral got by them. The owner of every colliery shall at his own cost provide and maintain all necessary apparatus for truly weighing such mineral at a place as near to the pit or mine mouth as is reasonably. practicable, and shall be liable to a penalty not exceeding ten pounds for every week during which such apparatus is not provided and maintained: Provided that nothing herein contained shall preclude the owner, agent, or manager from agreeing with the persons employed therein that deductions shall be made in respect of the stones or substances, other than mineral contracted to be got, which are sent out of the mine 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 bankman or weigher and check-weigher (if there is 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 mine on the other, or, in default of agreement, appointed by a police magistrate. 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 ex- pedient that the persons therein employed should not be paid by the weight of the mineral got by them, or that the beginning of payment by weight should be postponed, the Minister may, if he thinks fit, by order, exempt such mine z

MlNING. loons 1910. lJ[ ines Regulation Act. PART III.- PROVISIONS RELATING TO COLLIERIES from this section, either with or without conditions, or ONLY. postpone in such mine the beginning of such payment by weight. 48. (1.) The persons employed in a colliery, and paid Appointment according to the weight of the mineral got by them, may, ~ ei~ t~ C: bJ if t,wo-thirds of their number so agree, at their own cost, employees. station 3, person (in this A.ct 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 any deductions. (2.) The check-weig-her shall have every facility afforded to him for enabling him to fulfil the duties for which he is stationed, including facilities for examining and testing the weighing-machine and checking the tareing of tubs and trams where necessary, a sufficient number of weights to test the weighing-machine, and a shelter from the weather at least six feet six inches high and six feet wide, containing accommodation sufficient for two persons, and a desk or table at which the check-weigher may write. The check-weigher shall be authorised to require that the process of .weighing shall be carried on continuously throughout the working hours during the whole time that the mine is drawing mineral. If at any mine proper facilities are not afforded to the check-weigher as required by this section, the owner, agent, and manager shall each be guilty of an offence unless the defendant proves that he had taken all reason- able means to enforce the requirements of this section. (3.) All the persons so employed in such mine shall eontribute equally to the wages of such check-weigher; and the amount contributable by each such person may be recovered by such check-weigher in the warden's court or in any other court of competent jurisdiction. (4.) rrhe check-weigher shall not be authorised in any way to impede or interrupt the working of the mine, or to interfere with the weighing, but shall be authorised only to fulfil the duties in the two last pioeceding subsections mentioned; the absen~ e of the check-weigher from the place at which he is stationed shall not bea reason for interrupting or delaying the weighing and the taking of such account as aforesaid, but the same shall he done or taken by the person appointed in that behalf by the <>wner, agent, or manager unless the .absent check.:weigher •

10096 MINING. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - PROVISIONS Mines Regulation Act. 1 GEO. V. Ko. 24:, RELA'l'ING TO COLLIERIES - - - - - - - - - - - - - - - - - - - - - - - - - ONLY. was informed or had reasonable ground to suppose that the taking account of weight or deductions, as the case may be, would not be proceeded with. If a check-weigher impedes or interrupts the working of the mine, or interferes with the weighing, or otherwise misconducts himself, the manager .may complain to the warden's court or the nearest court of petty sessions, which, if it thinks fit, may call upon the check-weigher to show cause against his removal. Removal of The court shall hear the parties, and, if it thinks that wcheeicgkh-er in sufficient ground is shown to justify the removal of the certain cases. 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. (5.) If the person appointed by the owner, agent, or manager to weigh the mineralimpedes or interrupts the check-weigher in the proper discharge of his duties, or improperly interferes with or alters the weighing machine or the tare so as to prevent a correct account being taken of the weighing and tareing, he shall be guilty of an offence. Ap~ lication of 49. "The W eights and Measures Act of 1906" * shall : : :~ ~ : ; : sal~ t. apply to all weights and weighing instruments used at any colliery for determining the wages payable to any person employed in such mine according to the weight of the minel'al got by him in like manner as it applies to weights and weighing instruments used for trade. An inspector appointed under the said Act shall, once at least in every six months, inspect and examine in manner directed by the said Act the weights and weighing instru- ments used or in .the possession of any person for use as aforesaid at collieries; and shall also make such inspection and examination at any other time in any case where he has reasonable cause to believe that there is in use at the mine any false or unjust weight or weighing instrument. 'rhe inspector shall also inspect and examine the measures and gauges in use at collieries; but nothing in this section shall prevent or interfeore with the use of the measures or gauges ordinarily used. The inspector may, for the purpose of this section~ exercise at or in any colliery, with respect to all weights. and weighing instruments used or in the possession of * 6 Edw. VII. No. 19, supra, page 9123.

MINING. 10097 PART III.- 1910. Mines -Regulation Act. PROVISIONS RELATING TO COLLIERIES any person for use at or in that mine, all powers ONLY. conferred by the said Act with respect to any such weights and weighing instruments; and all the provisions of the said Act, including the liability to penalties, shall apply to such inspection. An inspector shall not, in fulfilling the duties required by him under this section, im pede or obstruct the working of the mine. General and Special Rules. 50. (1.) The general rules set forth in the third part Gen~ral ~ es of the Schedule to this Act (in addition to the general ~ ~ llI~ ~ ~ bsl. e m rules set forth in the second part of the said Schedule, [Schedule.] except in so far as other provision is made in such third part) shall be observed in every colliery. (:L) If it is proved to the Governor in Council that the observance of the said general rules or any part of them (whether amended or not under this Act) is not reasonably practicable in any particular mine, he may from time to time, by notification in the Gazette, suspend or vary such rules or part thereof in such manner as he deems necessary in respect to such mine. And any general rules so varied shall. be deemed to be the general rules of the mine to which they relate. 51. (1.) Within three months after work is com- Special rule. menced or resumed at any colliery, the manager shall frame such special rules for the conduct and guidance of persons employed in or about the mine as appear under the particular circumstances best calculated to ensure their health and safety. He shall cause a copy of such special rules to be hung up jn some conspicuous place at the mine, and call the attention of the miners working therein to them. (2.) A copy of such rules shall also at once be trans- mitted hy him to the Minister, with the name of some person representing the miners employed, and, if they are not objected to within one month after the receipt thereof by the .vi inister, they shall be published in the Gazette, and shall be the special rules of the colliery. (0.) If the Minister does not approve of any proposed special rules, he shall, within thirty days after the receipt of them, propose and transmit to the manager by whom· they were framed, and to the person 'representing the miners employed, any alteration in or addition to the same or the substitution of any other rules therefor. in

10098 YI1UNG. _ PARTIII.- - - - - - - - - - - - - - - - - - - - - - - - PROVISIONS RBLATINGTO Mines Regulation Act. 1 GEO. V. No. 24, COLLIERIBS - - - - - - - - - - - - - - - - - - - - - - - , ONLY. (4.) If the manager objects to any such alteration, or addition, or substituted rules, he may, within fourteen days after receipt of the same, give notice thereof to the Minister. (0.) If the miners object to the special rules, they shall, through their representative, give notice of such objection to the manager and the Minister within one month after such rules are hung up itS aforesaid; or if they object to the alterations proposed by the Minister, they shall give him notice of such objection within four- teen 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 mine (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 mine. (6.) In the event of any dispute arising between the parties aforesaid as to such rules, or between the parties and any insp~ ctor as 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. (7.) The determination of such arbitrators or arbi- , trators and umpire, or of the majority of them (if there are more than two), shall be final, and the award may be made a rule of the Supreme Court. , (8.) The costs of every such arbitration shall be in the discretion of the arbitrators. (9.) The provisions hereinbefore contained in respect , of the adoption and promulgation ,of special rules shall , apply to and be followed in respect of any proposed amendments of such special rules proposed either by the Minister, manager, or men. (10.) For the purpose of making known the special rules tD all persons employed in or about a colliery, the manager shall cause a printed copy to be supplied to every person before he is employed in or about such mine. ' (11.) The production of the Gazette containing such special rules shall be evidence of the establishment of such special rules under this Act.

1910. MINING. Mines Regulation Act. 10099 PART IV.- MISOEL- LANEOUS PROVISIONS. PART IV.- MISCELLANEOUS PROVISIONS. 52. No person shall be precluded by any agreement No. liability to from~ oing SUc~ ~ ctR as ar~ neC'3ssary for .complying with ~ : ~ ; l; : ~ d by any of the provIsIons of thIS Act, or be liable under any with Act. agreement to any penalty, aamages, or forfeiture for doing such acts as are necessary for complying with any of tae provisions of this Act. Liability of Employer a,nd Employee. 53. (1.) If any person employed in or about a Liability ~ f mine suffers injury in person, or is killed, owing to the ~:~l~rr In negligence of the owner, contractor, or tributer of such negligence. mine, or his agent or servant, or owing to the non-obser- vance in such mine of any 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 bis personal representative, or the personal representative of the person so killed, may recover from the owner, contractor, or tributer of such mine compensation by way of damages, as for an actionable wrong committed by such owner, contractor, or tributer: Provided thnt in estimating the damages due regard shaH be had to the extent (if any) to which the person injured or killed contributed by any negligl"nce on his own part tn the injury or death. (2;) Every action for recovery of such compensation shall be brought in a District Court, unless the defendant 'is a person or corporation not amenable to the jurisdiction of the District Court. A District Court sball have jurisdiction to hear and. determine any action brought by any person employed in or ahout any mine, or by his personal representative ag:.inst the owner, contractor, or tributer of such mine for such compensation, notwithstanding that the amount sought to be recovered exceeds two hundred P?unds. 54. (1.) Every person employed in or about a mine Duty I}f shall , b . efore commencing and whilst at work , us ' e ordinary s e a m tl p s l f . . o " yea. tIt and reasonable precautions to ascertain that the tubs, them~ elvesof buckets, cages, chains, tackle, windlass, ropes, tools, or ~ ; f; ; ran'! s. other appliances he uses, ar.d the place in which he works, . are not unsafe, and he shall cease to use anything unsafe. (2.), Every such person who witnesses in or about the Duty to mine anything likely to produce danger of any kind' shall report danger. forthwith report the same to the manager. it

10100 MINING. PART.!V.-- MISCEL- LANEOUS PROVISIONS. Mines Regulation Act. 1 GEO. V. No. 24, On leaving work, he shall report to the man relieving him the state of that part of the works where he has been employed. (:n Any such person who knowingly contravenes this section shall be guilty of an offence. Returns. Returns from Mines for Statistical Purposes. 55. The owner, agent, or manager of every mine shall provide the Minister, at his request, from time to time with returns of labour employed, work done, ore treated, method of treatment, machinery or other ap- pliances existing at the mine, and such other returns as may be required by the Minister. Any officer appointed for that purpose by the Minister shall at any time have access to the books of such mine, and may examine the same for the purpose of ascertaining if such returns are correct. Any owner, agent, or manager who neglects or refuses to furnish any return required by this section. or who knowingly makes a false return, and any person who jmpedes or obstructs any inspector or officer appointed by the Minister to perform any. dut~T under this section, shall be liable to a penalty not exceeding fifty pounds. In the case of a company, the manager and every director of the company who causes or js privy to any such neglect, refusal, or falsity shall also be liable to the same penalty. Where ore or mineral is treated at any mine for or on behalf of any person other than the owner of such mine, such person or his representative sb,all be allowed to attend during the whole process of treatment, and to take account of the weight and value of the products ~ btained as a result of such treatment. .:1bandonment. Protection of 56. Any person, whether owner or not, who, without sahbaafntds. oned the consent in writing of the warden or inspector, after any shaft, leve1, drive, or excavation has become di~msed for mining purposes, wilfully damag-es it or renders it useless by the removal of any covering, fencing, casing, lining, ladder, platform, timber, or other appliance provided in or about the same, or who removes any part of the mound or dump required to protect the opening of any shaft at the surface, shall be guilty of ·an offen~ e. This section shall not apply. to any owner of freehold land wherein any such shaft is situated.

MINING. 10101 1910. M ines Regulation Act. PART IV.- MISOEL- LANEOUS PROVISIONS. 57. Where operations have been discontinued in a ~esponsibi~ity mine , the owner ' a 0 O'en ' t and manaO 0 'er shall continue to be faobranpdroonteecdtlllg responsible for carrying out the provisions of this Act snafts. relating to the protection of any shaft or excavation on the surface of such mine, and the furnishing of plans of such mine'until such provisions havr, been complied with. Upon the inspector being satisfied that such provi- sions have been complied with, he shall issue a certificate to that effect, and the o,;yner shall thereupon be relieved from all responsibility. 58. The owner of any mine shall not, without giving ~ rops and d ue n I. otI • Ce t 0 the owner 0 f any a dJ' O.In.Ing mm. e and WI' th OU t tbiemrbeemronvoetdto the consent of the inspector, remove anv props, timber, or or openings S t one wa 11 I . n or on h" IS mme, the remo ~ va1 0 f whI'C I 1 may obstructed. make any portion of the workings of such adjoining mine unsafe or inaccessible; and where the underground , workings of a mine or two or more mines communicate with each other so as to afford means of ventilation, such ventilation shall not be obstructed without the consent of an inspector. . Penalties and Procedure. 59. If, through the default of the manager of a Penalty for mI.ne or co11w' ry, speC.la l ru es I are n t ot es a hI I ' S hed f or nesetgalbelcitshtoand the same, or the general or special rules are not pro- promulgate mulgated as herein provided, the manager shall be liable rules. to a penalty not exceeding twenty pounds, and to a further penalty not exceeding one pound for every day during which the offence is continued after notice thereof in writing is given by the Minister or inspector. 60 (a . ) (1 C , :) onAtrnayvepneerssoonr wa ' hoeos- n . ot comply W . Ith any 0 f aAOgfcaft?l.lnlsctesthl.S the provisions of this Act, or any of the general or special rules in force for the time being relating to any mine or colliery; or (b) By negligence, causes any person_to be injured or killed or endangers the safety of any person in or about a mine; or (C) Pulls down, injures, or defaces any notice or document hung up or affixed as required by this Act; shal1 be guilty of an offence. (2.) In the case of every breach of this Act, the manager, owner, and agent shall each be guilty of an offence, unless such manager, owner, or agent reports

10102 MINING. PART IV.- MISCEL- LANEOUS . PltOVIHIONS. lJf ines Regulation Act. 1 GEO. V. No. 24, such breach, and proves that he had taken all reasonable means of enforcing this Act and of preventin~ such breach. (3.) Whenever any contravention of or non-compliance with any of the general or special rules by any person other than the manager is proved, the manager shall also be deemed guilty of an offence, unless he proves that he adopted all reasonable means by publishing, and to the best of his power enforcing, the said rules to prevent such contravention or non-compliance. (4.) In any prosecution for a breach of any of the general rules ill force for the time being relating tt> any mine or colliery, the defendant shall not be convicted if he proves facts which satisfy the court that the observance of or compliance with the provision of such rules for the breach of which he is prosecuted was not, under the circuIDi~ tances, reasonably practicable. (5.) Nothing in this section shall exempt any person from prosecution for an offence under the common law or any statute, nor prevent the infliction on him, if convicted of such offence, of a more severe penalty or punishment than is imposed for an offence against this Act. (j-eneral penalty. 61. Any person who is guilty of an offence against this Act for which no specific penaltyis herein provided shall be liable- (a) If he is the owner, agent, manager, 01' person in charge of or giving orders or directions relating to the enrrying on of any mining operations in a mine, to a penalty not exceed- ing fifty pounds; and (b) In all other cases to a penalty not exceeding twenty pounds. Burden of proof on defendant. 62. In any proceeding under this Act against 11 manager or person in charge of any mining operations or machinery in or on a mine, the burden shall lie on the defendant of proving he is not such manager or person. Recovery of 63. Whenever by this Act a penalty is imposed for penalties. any offence against this Act, the proceedings for the . recovery of 'such penalty may be taken in a summary way , either in the warden's court according to " The Justices Act of 1886,"* as amended by subsequent Acts, which provisions shall apply in like manner as if the warden was * 50 Vie. No. 17, supra, page 1030.

MINING. 10103 1910. MinesRegulation Act. ~ - - - - - - - - - - - - - - - - - - --- --- - PART IV.- MISCEL' LANEOUS PROVISIONS. sitting as a police magistrate in a court of petty sessions under those Acts, or, subject to " The JriJ;stices Act Amend- ment Act of 1909,"* before any two justices of the peace in petty sessions, upon\ the complaint of an inspector or any officer authorised by the Minister. The whole Qr any part of such penalty may be awarded to any person injured, or to the per!"onal repre- sentative of any person killed, in consequence of such offence; and such award shall not p-rejudicR any other right or remedy which such person or personal representative may have under this Act or otherwise. The right of appeal from any decision of a warden's court or justices in any such proceedings, and the procedure thereon, shall be governed by "The JusticesAct of 1886"t and the Rules of the Supreme Court relati:p.g to appeals from justices. 64. All penalties, fees, and other moneys recovered Applic.ation of or received by any w?-rden, inspector, or other State officer, penahWil, &1'.. or by the board of examiners, under this Act shall be paid into the Consolidated Hevenue. 65. Any notice required under this Act to be delivered Ser~ ice of to 01' served upon the owner, agent, or manager of any notIces. mine may be delivered to or served on him personally, or shall be deemed to be duly delivered ot' served if sent by registered post letter addressed to his usual or last known address. 66. Nothing in this Act contained shall be construed Saving of SO as to repeal or limit the operation of " The Workers' other Acts. Compensation Act (!f 1905" t or "The Inspection qf Machinery and Scaffolding Act of HW8."§ PAR1' V.-RULES. PAIIT v.- RULES. 67. t1.) The Governor in Council may, from time to Power to t I · me, make ru'les W1 'tl 1 respec t t 0 a 11 or any 0 f the mattel'S Smcahkeedurulele, R, mentioned in the first part of the Schedule to this Act. Pal't 1. (2.) Such rules may be for the Whole State or for any Rules may be particular part thereof, and may be made applicable to all r;; a~~ al or mines, or to any particular mine, or to any particular class of mines. * 9 Edw. VII. No. 11, supra, ps.ge 9471. ! 5 Rdw. VII. No. 26, supra, page 8943. t 50 Vie. No. 17, supra, page 1030. § 8 Edw. VII. No. 9, supra, page 9290.

10104 PART V.- RULES. MINING. Mines Regulation Act. 1 GEO. V. No. 24, Power to 68. If it is made to appear to the Gov;el'nor in Council ainmSenchderduullees. that it is expedient to rescind, amend, add to, or otherwise modify any of the rules set forth in the Schedule to this Act, the Minister shall publish a n0'tice stating the intention of the Governor in Council to exercise such power, and the extent to which the rules are intended t6 be so deltlt with. :Every such notice shall be publislied in the Gazette and otherwise as the Minister (lirects. Gazettes containing such notices shall be posted at the "iarden's office. The last day on which such notice is published in the Gazette shall be deemed to be the day of the publication thereof. If within three months after the day of publtcation no sufficient cause is shown to the Governor in Council why the power proposed to be exercised should not be exercised, the Governor in Council may exercise such power with l'espect to the said rules. 'ro be published in 69. (1.) Rules made under this Act, including any Gazette. rules rescindinf!, adding to, amending, or othe~ wise modifying any of the rules set forth in the Schedule to this Act, shall, after pUblication in the Gazette, have the same effect as if thev were enacted in this Act, and shall not be questioned in ;ny procel'dings whatsoever. Every such rule shall be judicially noticed. May impose penalties. (2.) Rules made under this Act, including sllch rules as aforesaid, may impose for any breach thereof a penalty not exceeding twenty pounds. Copies to be laid beiol'c (3.) Copies of all rules made under this Act shall be Parlianltmt. laid before Parliam~ nt within forty days after the making thereof if Parliament is then in session; and, if not, then within forty days after the commencement of the next session thereof. If either House of Parliament, by resolution passed within one month after such rules have been laid before such House, resolves that the whole or any part of such rules ought not to continue in force, in such case the whole or such p:lrt thereof as is so included in such resolution shall 1rom and after such resolution cease to be binding, but without prejudice to the validity of anything previously done thereunder.

1910. MINING. MinesRegulation Act. 10105 THB SCHBDULB. THE SCHEDULE. PART L-SUBJECT-MATTER FOR RULES: PART n.-GENERAL RULES TO llE 01lSERVED IN ALL MINES: Division T.-Ventilation; Division II.-Fencing and Protection; Division IlL-Lighting; Division, IV.--Ladders and Travelling Ways; Division V.-Machinery; Division VJ.:- Winding; Division VII.-Explosiv8s; Divil'ion VIII.-Health and Sanitation; Division IX.-Standard and .Tests: PART IlL-GENERAL RULES RELATING TO COLLIERIES ONLY: Division I.-Ventilation; Division II.- Inspection; Division IlL-Safety Lamps; Division IV.-Protection of Underground Workings: PART IV.-RuLES RELATING TO CERTIFICATES. PART I.-SUJlJECT-1IUTTER FOR RULES. 1. Prescribing forms of writings and documents to be used for the Form·s. purposes of this Act; the form of returns and the information to be shown thereon for statistical purposes. 2. Regulating and prescribing the condnct of examinations for Examinations certificates, and the issue, approval, registration, suspension, and and. cancellation of certificates; the appointment and remuneration of certificates. examiners; the inquiry to be held before any certificate is suspended or cancelled. 3. Regulating the procedure at inquiries into accidents. .Accident inquiries. 4. Prescribing the appliances and remedies to be kept at mines for First aid. the relief of persons injured. . 5. Dealing with ventilation of m;nes, including- Ventilation (a) Standards of purity, temperature, and humidity of the air; the quantity of air which shall be made to circulate in the mine or the air ways; methods by which the air shall be tested as to its adequacy in quantity, purity, temperature, humidity, and efficiency of circulation; (b) Recording the state of ventilation in all parts of the mine; showing upon the plans JJJ.e position of all air doors and ventilating devices and appliances, and the direction of the air currents; (c) The conditions under which disused portions of tM mine mayor shall be shut ofl' from the ventilation system, and when and in what manner they shall be ventilated; (d) The conditions under which the use of mechanical appliances to assist ventilation shall be compulsory; (e) The use of compressed air; s

10106 THE SCHEDULE. MfNING. Mines Regulation Aet. 1 GEO. V. No. 24, (f) The conditions under which tailings from cyanide or other <,hemical or metallurgical processes may be used for the filling of stopes ; (g) The prevention of the escape of deleterious gases and fumes from any chemi~ al or metallurgical process. f O o on rv ne e c n ~ t i l lo a n h ~ on inclu6d. iDngea- ling with the connection of workings for ventilation purposes, purposes. . Ca) The making of other excavations concurrently with shaft siuking; (b) The connection of adjoining mines; (c) The connection of workings in the'same mine; (d) Any other matter relating to the ventilation of mines. atWensditniondtgihnregorapnesd presc7r.ibRineggntleasttisngofthtehewienfdfiicnigenocfypoerfsornospeasn, dchmaaintesr, iablrsa; keres, qumiraincghinaensd, appliances. and all winding appliances and gear. sHaenaitlatthioann. d cond8it.ioPnrsoivnidminingefso, rinthcelupdrioltlegc-tion of health, and regulating the sanitary (a) The prevention and laying of dust; the prevention of the escape of poisonous or deleterious gases and fumes from any chemical or metallurgical process in use on mines; the use of water sprays, atomisers, and other damping appliances; (b) The use of apparatus for collecting, filtering, and preventing the inhalation of dust; (c) The prevention of nuisances; cleansing and keeping clean the mine and mine premises; the construction and position of sanitary cOIlveniences on the surface and underground, and the condition in which they shall be kept; (d) The provision and construction of change houses and their accommodation,baths, washing appliances, the destruction of old clothes, and drying of clothes; pure water supply; . (e) Examination and exclusion of persons likely to be infected 1 with infectious or transmissible diseases; (f) The proclamation of areas within which it shall be lawful to carry on smelting and other processes giviug rise to fumes which are detrimental to health, and the prescribing of the condi.tions under which residence within such areas may be permitted or prohibited. Handling material. 9. Providing for the safe handling of. materials, particularly hot furnace products. Rxplosives. 10. Regulating the use of explosives, including- (a) The construction of magazines; (b) Storage and handling; ( e) Removal or destruction of fumes by mechanical or artificial means; (d) Testing of explosives before use; (e) Strength of detonators; (f) .The persons who shall be allowed to charge and fire charges, and the methods to be employed in doing so; (g) The time that must elapse before men return to a place where shots have been fired or have missed fire; ( It) The use of fuse.

1910. MINING. MinesRegulation Act. lOW7 THE SCHEDULE. 11. The fencing and protection of openings and excavations, elevated Fencing. platforms, machinery, and appliances used in mining operations. 12. The lighting of mines, and the lights to be u~ ed; requiring and Lighting; regulating the use of safety lamps in collieries. safety lamps. 13. Prevention of the accumulation of coal dU8t. Coal dust. 14. Requiring and regulating the use of ladders and travelling ways. Ladders, &0. 15. The safe use of machinery. Use of machinery. 16. The use of electricity and electrical machinery; prescribing the Use of rules and precautions to be observed. electricity. 17. Prescribing fees payable far- Fees. (a) The examination of candidates for certificates; Cb) The registration and approval of certificates, and the granting of certificates of service; (ll) The is~ ue of a fresh certificate in lieu of certificate lost or destroyed; (d) Witnesses' expenses; the remuneration of persons holding inquiries and of assessors; (e) The testing of ropes. 18. Providing for the maintenance of order and discipline and the Accidents, &0. prevention of accidents. 19. Dealing with and effectuating any matter, thing, or practice General required by the general rules under this Act, and generally all other . matters and things that may be necessary to give effect to this Act. PART H.-GENERAL RULES TO BE OBSERY~ : D IN ALL MINES. Division L-Ventilation. 1. In every mine a supply of air of the prescribed quality and Air supply. quantity shall be constantly maintained: Provided that- (a) Subject to the consent of the inspector, the foregoing require- mentR shall not apply in any part or parts of a mine which are disused. Such part or parts shall be noted in the record-book and before work is resumed in any disused part the ven,tilation of it shall be thoroughly restored. (b) If the inspector is satisfied that it is not reasonably prac- ticable to maintain a supply of air of the prescribed quality and quantity in any particular part of a mine, he may, for such time and on such conditions as he thinks proper, exempt such part from the foregoing provision. 2. (i.) All excavation!:' by which any two mines are connected shall, Dirt'ulation of if considered necessary by the inspector, be kept open for ventilation and a.i.r. escape; but the inspector may order any such connections to be closed if he considers the ventilating conditions will be thereby improved. (ii.) Where it appears to the inspector necessary, for ventilation or for better ventilation in any mine or mines, that a connection should be made between any level and the next higher level in a mine, or that a connection should be made between theworkings of adjoining mines, the inspector may, by requisition in writing addressed to the owner, agent, or manager of the mine, or in the case of adjoining mines to the owner, agent, or manager oE each mine, and delivered at such mine or mines, require such connec- tion to be made for the purpose aforesaid.

10108 THE SCHEDULE. MINING. Mines Regulation A.ct. 1 GEO. V. No. 24, If any owner, agent, or manager objects to complywith such requisi- tion, he may, within fourteen days after the receipt thereof, forward his objection in writing to the Minister, and the Minister may, if he considers it necessary, direct that the matter be determined in the manner provided by section twelve of this Act for dealing with any dangerous practice or omission. In the event of such connection being made between adjoining mines, the proportion of the total cost of such connection t(} be borne by the owner of each mine so conneeted, the compensation (if any) to be paid, and the precautions to be taken to prevent the vitiated air from one mine injuriously affecting the atmosphere of the other, or to prevent danger from influx of water or other cause, shall be agreed upon between such owners, or, failing an agreement, shall be determined by the warden's court. For the purposes of this Rule, a contractor or tributer with respect to a part only of It mine shall not be deemed to be an owner. This Rule shall not apply to mines situated within a Drainage Area without the sanction of a Drainage Board under the Principal Act. Distribution of air. 3. (i.) The workings from each level shall, where necessarv, be ventilated by a separate split of air from the main intake into such level. (ii.) Air doord, stoppings, cross-overs, and brattices or other ventilating appliances shall be provided where necessary for regulation of the ventilating air currents, and shall be kept in good order and condition. (iii.) In filling stopes, rearings or passes shall, if so directed in writing by the inspector, be constructed so as to leave open air-ways between the unbroken groun~ and the filling. Plan of system of veqtilation. 4. When required by the inspector, the direction and course of the air currents and the position of all air doors and all ventilating appliances throughout the mine shall be marked upon the plans required to be kept at the mine under this Act. Auxiliary ventilating appliances. 5. In addition to the foregoing provisions, the inspector may in any particular case require that additional or auxiliary ventilating appliances be provided and kept working. Division lL-Fencing and Protection. Fencing, &c., 6. (i.) Every fly wheel, all exposed or dangerous parts of the on surface. machinery, all ash heaps, all dangerous openings from the surface, and, when ordered by the inspector, all vats· used in connection with the cyanide process, shall be kept securely fenced. (ii.) The brace and all elevated tramways shall be kept securely fenced. (iii.) Every brace and pit bank shall be covered to protect workmen from the weather, or be provided with a shelter-house for the braceman. Abandoned shaft. 7. Every abandoned or disused shaft or tunnel shall be securely fenced or covered over by the owner, and ill the latter case its po~ ition indicated on the surface by a cairn of stones or a post to the satisfaction of the inspector. Entrance to shaft. 8. The entrance to every shaft at the surface and brace shall be properly and securely protected by a fence, gate, or covering; but this provision shall not forbid the temporary removal of such fence, gate, or covering if proper precautions are taken to prevent danger. Fencing 9. The top of every winze, and all entrances between the top and entrances to bottom of every shaft, winze, or other downward excavation in a mine, shafts. . shall be properly and securely protected by a fence, gate, or covering;

10116 THE SOHEDULE MINING. Mines Regulation Act. 1 GEO. V. No. 24, (g) When explosive~ are charged and fired in any working place, the person charginll' and firing such explosive~ , or a competent person being a member of the party charging and firing such explo~ive~ , shall, when relieved from duty. forthwith report to the relieving shift and to the shift boss or manager the number of the holes bored and the number fired, and the position of any charged holes or misRfire!1. ,\Then holes are known to have missed fire, proper precautions shall be taken to indicate the position of and to notify the fact of such missfire; (h) When more thau three charges of. explosives are being fired at one time in any working place, the number of shots exploding shall be counted by at least two perRons ; • (i) Before firing a charge or charges of explosives, the person in charge of the firinll' operations shall see that due warning is given in every direction by shouting "Fire," and all entrances to the place where such charge nr charges are being fired shall be guarded, or a barrier shall be erected therein, to prevent inadvertent access thereto while firi ng operations are going on. Such harrier shall be removed after firing, and replaced before each subsequent firing of a charge or charges. Division VIII.-Health and Sanitation. Clel!.Illiness, 56. Adequate provision shall be made in every mine for cleanliness, kc. sanitation, and the prevention of du~t. Dust, &c. 57. (i.) Where the inspector considers the health of the workmen underground to be endangered by dust arising from the use of rock- drilling machines or by dust or fumes from any caUSR mixing with the air in any portion of the workings of a mine in which miners are working, he shall give notice in writing to that effect; and the owner, agent, or manager shall thereupon provide and cause to be constantly used jets or sprays to prevent the nuisance, or, if in any case there is likely to be danger from falls of roof or sides, owing to the moistening of the rock by such sprays, or danger to health, adopt such other measures as are in the opinion of the inspector sufficient. (ii.) After blasting, no p')f!Jon shall go to the place of blasting until after the lapse of at least haJf an hour, unless the air in such place has been cleared of ·the dust and smoKe arising from such blasting by efficient ventilation or othM mean~ , or unless an effective respirator or other apparatus is used to prevent his inhaling such dust or smoke. Blasting shall be 80 arranged that men working in other places shall be exposed as little as practicable to dust and smoke. (iii.) In ends or rises, and as far as practicable in other places, no persoil. shall, where water is available, remove or cause or allow to be removed the rock broken if dry and dusty, unless it has been effectively damped so as to prevent the escape of dust into the air during removal. (iv.) In every ca~ e where quartz or any other substance is crushed in a dry state, and dust is produced in such quantity as is likely to be detrimental to health, the manager shall take proper precautions to prevent the dust circulating in the place where such operations are being carried on. (v.) When respirators are supplied to men working in dusty places, each respirator shall be for the sole use of one person, and when returned shall be thoroughly cleansed before being again used.

1910. MINING. MinesRegulation Act. 10117 THE ScHEDULE, 58. The owner, agent, or manager shall cause a sufficient number Sanitary ()f suitable sanitary conveniences to be provided above and below ground conveniences. in suitable and convenient places for the me of ,the persons employed, and to be constantly kept in a cleanly and sanitary condition; and no person shall relieve his bowels below ground elsewhere than in those ~ onveniences. No person shall soil or render unfit for u!'e in any way any convenience 01' sanitary utensil or appliance provided for the use of the persons employed. Pump cisterns, sumps, and water a{)cumulations in the mine shall not be directly or indirectly used for the purpose of this Rule as a sanitary convenience. 59. (i.) A place or places for meals shall be set aside in levels Meals. where neces8ary. Such places shall be kept clean. (ii.) At every such place an impervious metal receptacle shall be provided in which all waste food, paper, and other rubbish shall be placed. Any person wilfully neglecting to use the receptacle or throwing waste food about t,he mine shall be guilty of an offence. (iii.) The contents of the receptacle shaH be !'ent to the surface, and the receptacle shall be thoroughly cleansed at regular intervals. 60. (i.) At every mine where more than four persons are ordinarily Dressing employed below ground in one shift, sufficient accommodation shall be accommoda· provided above ground near ~ he prinCIpal entrance of the mine, and not t.ion. iiI the engine-room or boiler .house, for enabling the workmen to con- veniently dry and change their dress; workmen shall not be allowed to change their dress upon a boiler. (ii.) At every mine where more than twenty per~ ons are ordina:-ily employed below ground, change-houses shall be provided when reqUIred in writing bj the inspector, and the following provisions shall apply to them:- (a) An ample supply of wholesome water, and washing basins. at the rate of at least one" for every five men employed on any one shift, shall be provided. Proppr provi8ion shall be made for removing the waste water. When there is a sufficient supply of water available, shower baths shall be provided in the change-house; Cb) Change-houses shall be well ventilated and lighted. and shall be provided with sufficient appliances for drying wet clothes. 61. Every mine more than oue hundr.ed feet deep shall keep below in applianc.es· one or more convenient places appliances and chemicals for wa~ hing and for dressmg dressing cuts and wounds; such appliances and chemicals to be approved wounds. of by the inspector. . 62. Where provision ii'made as required by these Rules for prevent- Penalty. ing nuisances or securing the health or safety of persons employed in or about a mine, and any person wilfully refuses or omits to make use of any appliances, contrivances, or means provided for any such purposes, such person shall be guilty of an offence, unless the court before which he is brought certifies that his refusal or omisdion was excusable under the circumstances. ' Division IX.-Standord and 168t8. 63. (i.) The quality of the supply of air in any part of the under- Q,uality ofail'. ground workings of a mine, unless such part is disused, shall be maintained J at the following standard, viz. : - (ll) The total quantity of carbon dioxide present in the air shall not exceed 0'25 per centum by volume. but at any point where firiug of explosives has taken place a greater percentage of carbon dioxide shall ,be permissible for a reasonable time after the last explosion;

10118 THE ScHEDULE. MINING. Mines Regulation Act. 1 GEO. V. No. 24, Quantity of aIr. Cb) Where t.he temperature in the mine workings is unavoidably high, the ventilation shall be adequate to maintain a reason~ able limit of humidity-that is to say, at a temperature of 85° Fahrenheit hy a dry-bulb thermometer; the reading of a, wet-bulb thermometer should be at least 5° less, and in case of higher temperatures from 7° to 8° less. (ii.) An adequate supply of air shall be caused to enter the mine. not being less than one hundred cubic feet per minute for each man, boy, and horse employed underground. (iii.) The inspector shall make such tests as he thinks fit, and may, in writing, require tests to be made by the manager or other specified employee in the mine at stated intervals in workings in which he considers such tests necessary. The results of all such tests shall be recorded in the record-book. Testing ropes 64. (i.) Before any rope or chain is used in a shaft, it shall in places- and chains. remote from the inspector's office be teRteo at the mine and proved to be equal to carning not less than one and a-half times the weight of the ordinary load, consisting of cage, loaded truck, and weight of rope, from bottom of shaft to pulley wheel. Such test ~ hall he made under the supervision of the inspector, if availahle. but, if not, by the manager and two employees: Provided that. when required by the inspector, a test shall also be made by the machine at his office. In places accessible to the inspector's office every rope before use in a shaft shall be testAd by the machine at such office. . (ii.) FOI' the purpose of testing wire ropeR by the machine at the inspector's office, a piece of the ro;)o of the length required for testing shall be cut from the end of the rope, thoroughly cleaned, and delivered at the inspector's office with the warnen's receipt for the prescribed fee. , The test shall be a test of the preaking strength of the wires, and shall include a torsional and bending test of the wires. . (iii.) The maximum working load shall include the weight of rope in the shaft when the skip, cage, or other conveyance is at the lowest working point of the shaft, as well as the weight of such skip, cage, or other conveyance with its connections to the rope and its contained load. In ca~ e a winding rope is used for other purpose!'! besides the con- veyance of persons, the maximum working load permitted when raising or lowering per~ ons shall not exceed 0'85 of the maximum load when the rope is in use for other purposes. The working load shall not at any time exceed one-eighth of the breaking strength of the rope as shown by manufacturer's certificate, or by the test made by the machine at the inspector's office. (iv.) Every rope and chain used in lowering and raising persons in a shaft shall be tested at the mine, or, if required by the inspector, tested in the man ne!'" prescribed, at intervals of not more than six months, and shall be cut 'and recapped or shod at more frequent intervals when necessary. Cv.) When any preGcribed test shows that the rope can no longer be safely used, such rope may be condemned by the inspector, and f-lhall be removed bv the manager. (vi.) The result of eVE:'ry such test 8hallbo recorded in the record-book ry the pf'rson making the tE:'st : "Provided that when a rope is tested on the machine at the inspector's office it shall be sufficient if' the inspector sends a copy of the result of the test to the manager, who shall permanently insert such copy in the record-book.

1910. MINING. Minei Regulation Act. 10119 THE SCHEDULE. 65. Whenever a new rope is put on and tested for the first time, New ropeil. the manufacturer's certificate of breaking strength, or a certified copy thereof, shall be supplied to the inspector. A copy of such certificate shall also be recorded in the record.book, and the following particulars : - Length of rope. Diameter. Circumference. Number of strands in rope. Class of core. Number of wires in each strand. Diameter of wires in each strand. Class of core in each strand. Breaking stress of steel of which wire is made. Breaking load of rope. 66. Whenever a rope in use is cut, the following particulars, or Cutt.ing and such of these as are applicable, shall be supplied to the inspector and retesting. recorded in the record·book :- Name of shaft and compartment of shaft in which rope is used. Date when rope put on. Dates of shortening. Dates or recapping. Dat~ s of turning end for end. 67. If the inspector is not satisfied with the manufacturer's certificat~ Certificate. supplied to him, or if such certificate is not suppJied, the manager shall either obtain and produce a certificate of the result of a test at some recognised testing laboratory of the breaking strength of a piece cut from one end of the rope and of its full CrOl'8 section without any separation of strands, which certificate shall be considered sufficient, 01' the breaking strength as ascertained by the test made by the machine at the inspector's office shall be taken to be the breaking strength of the rope. 68. When a winding engine iR used for raising or lowering persons, Brakes. the brake shall be tested and proved to be adequate for any emergency, and shall not be deemed to be adequate unless each winding.drum undutched from the engine can be maintained in a position of rest, with no more slipping than one foot by means of its own brakes- (a) When bearing its. maximum working load when winding persons; and Cb) When this load is increased to the extent of doubling the number of persons allowed to ride llt one time in the cage or other conveyance. For the purpose of estimating the weight of person" in making the foregoing tests, one hundred and fifty pound" weight shall be allotted to each person. PART IlL-GENERAL RULES ApPLICABLE TO COLT.IRRIES ONLY. Division I.- Ventilation. 1. (i.) An adequate amount of ventilation shall be constantly Ventilation. produced in every colliery to dilute and render harmless noxious gases to such an extent that the shafts, levels, stables, and working places of the colliery, and the travelling roach to Ilnd from those working places, shall be in a fit state for working and passing therein. Such ventilation shall be the 8upply of pure HiI' in quantity not less than one hundred cubic feet per minute for each man, boy, and horse employed in the mine, which air (in that proporti?n, but with as much

10120 THE SOHEDULE. MiNING. Mines RegulatiOli Act. 1 GEO. V. No. 24, more as the inspector directs) shall sweep along the airways and be forced as far as the face of and into each and every working place where man, boy, or horse is engaged or passing, main return airways only excepted. (ii.) Every mine, except such as are worked on the long-wall system, shall be divided into districtR or splits of not more than seventy men in e~ ch; and each district shall be supplied with a separate current of fresh all'. (iii.) The intake air shall travel free from all steam, stagnant water, stables, and old working~ . (iv.) In the case of mines l'E'quired to have a certificated manager, the quantity of air in the respective splits or currents shall, at least once in every month, be measured and recorded in the record-book. (v.) Where a fire is used for ventilation, the return air, unless it is so diluted as not to be inflammable, shall be carried. off clear of the fire by means of a dumb drift or airway. (vi.) Where a mechanical contrivance for ventilation is hereafter introduced into any mine, it shall be in such position and placed under such conditions as will tend to ensure its being uninjured by an explosion. Division If.-Inspecfion. Stations and 2. A station or stations shall be appointed at the entrance to the inspections as colliery or to different parts of the colliery, as the case may require; to ventilation, and the following provisions shall have effect : - &c. (a) As to inspection before commencing work- A person or persons competent and experienced in searching for and in testing with safety lam ps for the presence of inflammable gas and appointed by the owner, agent, or manager for the purpose, and not being contractors for getting minerals in the mine, shall, not more than two hour~ before the commencement of each shift, inspect every part of the mine situated beyond the station or each of the Rtations, and in which workmen are to work or pass during that shift, and shall ascertain the condition thereof so far as the ventilation, roof and sides, presence of gas, and general safety Hre concl'rlled. No workman shall pass beyond any such station until the part of the mine bevond that ~tation has been so examined and . reported to. be ~ afe. A report specifying whpre noxious or inflammable gas, if any, was found present, the condition of the ventilation, and what defect", if any, in roofs or sides, and what other ~ ource of nanger, if any, were or was observ~ d, shall be recorded without dplav in the record-book and be accessible to the workmen; and such report shall be signed by and, RO far as the sallle does not consist of printed matter, shall be in the handwriting of the person who made the inspection. For the purpose of the foregoing provisions of this Rule, two or more shifts succeeding one another without any interval are to be deemed to be one shift. (b) As to inspection during shifts- Two similar inspections shall be made in the course of each shift of all parts of the mine in which workmen are to work or pass during that shift, and it shall be sufficient to record in the record-book that such inspection has been made:

1910. MINING. 1012'1 MinesRegulation Act. THE SCHEDULE. • Provided that, in the case of a mine worked by two or more shifts succeeding one another without any interval, the report of thellecond of such in~pections shall be recorded in the record-book in the manner prescribed with respect to inspection before commencing work. Division IIL-Safet.y Lamps. 3. No lamp or light other than a locked safety lanip shall be allowed Safety lamps. or used- Ca) In any place in which there is likely to be any such qnantity of inflammable gas as to render the use of a naked light dangerous; or (b) In any working approaching near a place in which there is likely to be an accumulation of inflammable gas. When it is necessary to work the coal in 3,ny part of a ventilating district with safety lamps, it shall be unlawful to work the coal with naked lights in another part of the same ventilating district situated between the place where such lamps are being used and the return airway. 4. Whenever a safety lamp is required to be used, it shall be first Locked. examined and securely locked by some person authorised for that purpose by the manager, and such person shall k.eep the key thereof. No one except such person shall have in his possession or shall use any key or other contrivance for opening any safety lamp. Division Iv'-Protection o.f Underground Workings. 5. The roof and sides of every passage or road in use and working Securing roof place shall be made secure; and no person shall, unless appointed for and sides. the purpose of exploring or repairin/.{, travel or work in any such passage, road, or working place which is not made so secure. 6. Where the timbering of the worki~ g places 'is done by the Timbering. workmen employed therein, suitable timber shall be provided at the working place, gate end, pass-by siding, or other similar place in the colliery convenient to the workmen. PART IV.-RuLES RELATING TO CERTIFICATES. l. Subject to these Rules, all certificates shall be granted after Examina. examination only. tions. 2. (i.) Every holder of a first-class or second-class certificate of E:s.isting competency or a certificate of service as a mining manager granted under certificates•. " The Mining Act of 1898"* shall, on making application before the first day of July, one thousand nine hundred and twelve, be entitled, without payment of any fee, to a corresponding certificate under this Act. (ii.) If any application under this Rule is not made within the time herein prescribed, the applicant shall before the grant of a certificate pay the prescribed fee, unless the board for any special reason think fit to remit such fee. ., 62 Vie. No. 24, 8upra, page 6609.

10122 THE .. 'SOHEDULE. MINING. Mines Regulation Act. 1 GEO. V. No. 2,1, Certificate on 3. (i.) Until the first day of July, one thousand nine hundred and gro~ nd of _ twelve, but not afterwards, a first-class certificate, which shall be called a. ~ e~~c~ u~ ~ ~ 2 certificate of service, shall, on payment of the prescribed fee, be granted s n y, . by the board to any person who satisfies the board that- (a) Before the date of the commencement of this Act he was acting, and since that date has; or (b) He has at any time within five years before the commencement of this Act for a. period of not less than twelve months acted, in Queensland, in the capacity of manager of a mine in which more than twenty men were ordinarily employed below ground. (ii.) Until the first day of July, one thousand nine hundred and twelve, but not afterwards, a second-class certificate, which shall be called a certificate of service, shall, on payment of the prescribed fee, be granted by the board to any person who satisfies the board that- (a) Before the dat~ of the commencement of this Act he was performing, and since that date has; or (b) He has at any time within five years before the commencement of this Act for a period of not less than twelve months performed, in Queensland, functions and duties substantially correspond- ing to those of manager or underground foreman or shift-boss. (iii) Provided that- (a) The board, if satisfied that by reaRon of special circumstances an applicant has been unable to comply with the foregoing requirements of thi~ Rule, but is, from his experience and knowledge, qualified to be a manager or underground fore- man, may issue him a certificate of service of such class as the board thinks fit. Cb) The board may at any time grant a certificate of service of the first class to the holder of a certificate of service of the second class who satisfies the board that he has held his second-class certificate for a period of at least two years, and that since he obtained ~ uch cE'rtificate he has gained sufficient knowledge and experienc~ to qualify him to be the manager of a mine in which more than twenty men are ordinarily employed below ground. School of mines' diploma. 4. On payment of the prescribed fee, tho board may, without examination, grant a first-class or second-class certificate to any person of good repute, who Ratisfies. the board that he is resident in Queensland, and who produces to the board satisfactory evidence that he has had not less than three years' pradieal mining experience, and that he has passed at any university or school of mines recognised by the board examinations corresponding to those required for such certificates under this Act. Registration of foreign certificates. 5. (i.) Any mine manager's certificate of competency granted by any duly constituted and recognised authority outside Queensland may, if the holder thereof produces such certificate and gives satisfactory evidence of his sobriety and good character, be approved by the board, provided- that certificates issued under this Act are similarly approved by such authority. Cii.) Every certificate so approved shall, on payment of the prescribed fee, be registered, and shall be equivalent in all respects to a similar certificate granted under this Act. Examination. 6. (i.) All applications for examination shall be forwarded to the chairman of the board, accompanied by the prescribed fee.

1910. MIMING. Mines Regulation Act. 10123 THE SCHEDULE. (ii.) Upon an applicllnt passing the required examination, and upon the board being satisfied of his fitness in all other respects; the board shall grant a certificate of the appropriate ~ rade; but no certificate shall be granted to any person who does not produce satisfactory evidence that 'he has had not less than three years' practical mining experience. 7. No certificate under this Act shall be granted to any person under Age. twenty-one years of age. 8. A register shall be kept of all certificate!! granted under this Act. Reg!ster of certIficates. 9. Where a mine manager or mine foreman uncertificated under this Interim Act has had no opportunity of presenting himself for examination, the certificates. board, on being satisfied as to the experience of such person, may grant him an interim certificate of the appropriate grade, which shall operate accordingly until the day next afterwards appointed for the examination. 10. (i.) Any person holding a certificato, granted or approved under Cancellation this Act if charged by an inspector with an offence against this Act or or sus~ ension misconduct or negligence, may be called upon by the board to show cause of certIficates. why his certificate sha11 not be cancelled, suspended, or otherwise dealt with. (ii.) The board shall inquire into such charge, and every such inquiry shall be made by the board or by some person appointed by the board for that purpose, not being the person by whom the charge was made. . (iii.) If the inquiry is not made .by the board collectively, the evidence shall be taken in writing, and shall be forwarded to the board for consideration. At any such inquiry evidence may be given upon (lath, and for the purposes of holding such lllquiry the· board or its deputy shall have the power of a warden's courr to summon witnesses. (iv.) If the person so charged does not appear, or if the board finds that he has been guilty of any offence against this A.ct or of any negligence or misconduct, the board may disqualify him by cancelling or Buspending his certificate, or, if such certificate was granted by an authority outside the State, by cancelling or suspending the approval thereof for such period as the board think fit; and during the period of Buch disqualification the person so disqualified shall be deemed to be uncertificated. 11. If any certificate g;ranted under this Act is lost or ~ estroyed, the Duplicate bolder, or some person havmg knowledge of the facts and CIrcumstances, certificate in may make a statutory declaration thereof; and the board, if satisfied with case of loss. such declaration, may issue a fresh certificate to the person entitled to hold the same on payment of the prescribed fee. . Such certificate shall be endorsed with a memorandum setting out the reasons for the issue thereof, and thereafter such certificate shall be available as if it were the original certificate. NATIVE ANIMALS PROTECTION. See ANIMALS. NORTH COAST RAILWAY. See RAILWAYS. OFFICIAL INQUIRIES EVIDENCE. See EVIDENCE, =