Mines Regulation Acts Amendment Act of 1958 (7 Eliz Ii No. 21) (Qld)

MINING. 7 E liz . II. No. 21, 1958. Mines Regulation Acts Amendment Act. Act) is increased each of the amounts set out in the second column of the Table to subsection one of this section, save the amount set out in the said second column opposite and relative to the words, figures and brackets “ Paragraph ( b) or paragraph ( d) of subsection (1) of section 8 ”, shall be increased by the addition thereto of a sum equal to the increase in the weekly rate of the said age pension. For the purposes of the first such increase the weekly rate of the said age pension shall be four pounds. (3.) Any increase in the weekly rates of pensions and additions made pursuant to subsection two of this section shall become and be payable to persons then in receipt thereof on and from the commencement of the first complete period of seven days occurring after the date of that increase for which the same are payable as prescribed.” 183 An Act to Amend “The Mines Begulation Acts, 7 E liz . II. No. 21. 1910 to 1945,” in certain particulars. T he M ines B egulation A cts [A ssented to 7 th M ay , 1958.] A mendment A ct of 1958. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “The Mines short title. Regulation Acts Amendment Act of 1958.” (2.) *“ The Mines Regulation Acts, 1910 to 1945,” Principal are in this Act referred to as the Principal Act. Act‘ (3.) The Principal Act and this Act may be Collective collectively cited as “ The Mines Regulation Acts, 1910 to title- 1958.” 2. Section eight of the Principal Act is amended— Amendment® (i.) By repealing in subsection two of that section °f s‘ 8’ the words “ a surveyor ” and inserting, in lieu of those repealed words, the words “ an authorised surveyor or a certificated mine surveyor ” ; and * 1 G. 5 No. 24 and amending Acts.

184 MINING. Mines Regulation Acts Amendment Act. 7 E liz . II. No. 21, (ii.) By inserting in subsect'on three of that section, after the words “ every such officer ”, the words “ and every other person duly authorised pursuant to the provisions of subsection two of this section Amendments of s. 14. 3. Section fourteen of the Principal Act is amended— (i.) By renumbering that section as subsection one thereof; and (ii.) By adding to that section, as so renumbered* the following subsection :— “ (2.) In this section the term “ inspector ” includes any person acting under lawful authority under and pursuant to this Act.” Aofms.en2d6m. ents amen4d- . edS— ection twenty-six of the Principal Act is (i.) By inserting in subsection one of that section, after the words “ Deputy certificatesthe words “ Mine electrician certificates; Mine surveyor certificates ; ” ; and (ii.) By adding to that section the following subsections :— “ (10.) A mine electrician certificate shall entitle the holder thereof to have charge of the whole of the electrical machinery, apparatus and conductors used in connection with or in, on or about any mine. (II.) A mine surveyor certificate shall entitle the holder thereof to make surveys in, on or about any mine and plans thereof and to certify copies of such plans to be transmitted to the Minister in accordance with section thirty-nine of this Act.” 6. Subsection four of section twenty-eight of the ° s' ' Principal Act is amended by inserting, after subparagraph (/), the following subparagraph :— “ (g) Any accidental ignition or detonation of explosives.” oAfms. en3d3m. ents amen 6 d.edS— ection thirty-three of the Principal Act is (i.) By inserting in the first paragraph of subsection one of that section (being the paragraph commencing with the words “ Subject to the provisions hereinafter

MINING. 185 1958. Mines Regulation Acts Amendment Act. contained ”), after the words “ any person who ”, the words “, except under the authority of and in accordance with a permit issued under subsection two of this section, the onus of proof whereof shall rest upon the defendant,” ; (ii.) By repealing in the third paragraph of subsection one of that section (being the paragraph commencing with the words “ In the case of a cage, skip, or other conveyance ”) the words “in so far as it relates to the raising or lowering of material ” ; (iii.) By renumbering subsection two thereof as subsection three of that section; and (iv.) By inserting after subsection one of that section the following new subsection:— “ (2.) For the purpose of enabling suitable persons to obtain practical instruction in the driving or operation of any winding machinery or any winding engine mentioned and referred to in subsection one of this section with a view to obtaining a winding license under this Act applicable to the class of machinery in question or such a winding engine, the inspector may, from time to time, issue a permit in writing authorising any such person named therein to drive or operate any such winding machinery or winding engine under the direct supervision and instructions of the holder of a winding license under this Act applicable to the class of winding machinery in question or such winding engine: Provided that every such permit shall be subject to such terms and conditions as may be specified in the permit.” 7. Section thirty-six of the Principal Act is amended Amendment by repealing the words “No person other than aofs‘36’ watchman or caretaker in charge of machinery ” and by inserting, in lieu of those repealed words, the words “ No person in charge of a winding engine ”. 8. Section thirty-nine of the Principal Act is Amendments amended — ofs. 39. (i.) By repealing subsections one and two of that section and by inserting, in lieu of those repealed subsections, the following subsections :— “ (I.) The owner, agent or manager of every mine, where six or more men or, if the Minister so directs by notification published in the Gazette, where any less

186 MINING. Mines Regulation Acts Amendment Act. 7 E liz . II. No. 21, number of men are ordinarily employed below ground, shall keep at the mine accurate plans of the underground workings, made from and based upon an actual survey by an authorised surveyor or certificated mine surveyor or other competent person approved by the inspector in writing. Such plans shall be kept at the office (if any) at the mine or, if there is no office thereat, at such other place at the mine as may be approved in writing by the inspector. At intervals of not more than six months, all additional underground workings and 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 of every such mine shall transmit to the inspector certified copies of all plans required to be kept under the provisions of subsection one of this section and showing the underground workings up to the time of the last survey. All copies so transmitted shall be certified by an authorised surveyor, a certificated mine surveyor or other competent person approved by the inspector in writing, as correct copies of the plans whereof they purport to be a copy and shall be accompanied by a further certificate by such a person that the original plans of which the copy plans so certified in accordance with the provisions of this subsection two purport to be a copy are accurate plans of the underground workings made from and based upon an actual survey or surveys thereof in accordance with the requirements of subsection one of this section.” ; and (ii.) By adding to that section the following subsection:— “ (8.) If any person— (а) Makes or furnishes a certificate relating to plans mentioned or referred to in subsection two of this section which is false or misleading in any respect; or (б) Not being an authorised surveyor, a certificated mine surveyor, or a competentperson approved by an inspector in writing in that behalf makes any such certificate, he shall be guilty of an offence.”

MINING. 187 1958. Mines Regulation Acts Amendment Act. 9. The following section, numbered 55 a , is inserted New s. 55 a . after section fifty-five of the Principal Act:— “ [55 a .] (2.) The owner, agent or manager of any Boreholes mine who, for the purposes of exploration, proposes to purposes drill a borehole, or extend an existing borehole, to a exploration, depth exceeding forty feet, shall within one week after the commencing of such a work notify in writing the Chief Inspector thereof and shall with such notification furnish in writing and to the satisfaction of the Chief Inspector, full particulars of the location, direction and depth of the borehole. Any such owner, agent or manager shall furnish forthwith in writing all such further or additional information relating to the borehole as the Chief Inspector may require. (2.) (a) The owner, agent or manager of a mine shall mark in the manner directed by the Chief Inspector or, in the absence of any such direction, in such manner as to clearly identify it— (i.) Any core obtained in the course of drilling such a borehole (other than materials therefrom reasonably required for the purposes of assay or testing otherwise); or (ii.) If no such core is so obtained, samples of all materials (other than materials obtained in surface ground or alluvial ground) obtained in the course of such drilling. (b) The owner, agent or manager of a mine shall keep in the manner and place directed by the Chief Inspector or, in the absence of any such direction, in a manner and place so as to preserve them, any such core or samples for at least one year after the completion of such drilling. Before disposing of any such core or samples, the owner, agent or manager of a mine shall give to the Chief Inspector not less than one month’s previous notice in writing of his intention so to do. (c) The Chief Inspector may, in writing, exempt an owner, agent or manager from all or any of the provisions of this subsection two. (5.) (a) Cores and samples kept and preserved pursuant to this section shall, at all times, be available for examination or inspection by a Government geologist,

188 MINING. Mines Regulation Acts Amendment Act. 7 E liz . II. No. 21, inspector, or any other officer of the Department of Mines authorised by the Minister in that behalf who may take samples therefrom for the purposes of assay or testing otherwise. For the purpose of any such examination or inspection any such Government geologist or other officer of the Department of Mines authorised as aforesaid shall have all the powers of entry conferred upon an inspector under this Act. (6) Except for the purposes of this Act and in the exercise of his functions under this Act, or except with the prior permission of the Minister, a person shall not disclose any information which, with respect to any such cores and samples, he acquires directly or indirectly in consequence of the exercise by any person of any of the powers conferred upon that person by this subsection three. (4.) Any person who fails in any respect to comply with the provisions of this section or of any direction given pursuant to this section shall be guilty of an offence against this Act.” Amendments 10. Section fifty-nine of the Principal Act is of s. 59. amended — (i.) By repealing the words “ twenty pounds ” therein and by inserting, in lieu of those repealed words, the words “ fifty pounds ” ; and (ii.) By repealing the words “ one pound ” therein and by inserting, in lieu of those repealed words, the words “ five pounds ”. Amendments 11. Section sixty-one of the Principal Act is ofs. ei. amended— (i.) By repealing in subparagraph (a) of that section the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ one hundred pounds ” ; and (ii.) By repealing in subparagraph ( b ) of that section the words “ twenty pounds ” and by inserting, in lieu of those repealed words, the words “ fifty pounds ”.

MINING. 189 1958. Mines Regulation Acts Amendment Act. 12. Section sixty-six of the Principal Act is repealed and, in lieu of that repealed section, the following section s. 66. is inserted :— “ [66.] (1 .) Subject to subsection two of this section, nothing in this Act shall in any way derogate from or otherwise affect any of the provisions of— (a) *“ The Workers' Compensation Acts, 1916 to 1956 ” ; or (b) f“ The Inspection of Machinery Acts, 1951 to 1954.” • (2.) Notwithstanding the provisions of f“ The Inspection of Machinery Acts, 1951 to 1954,” any lift in, on or about a mine and whether above or below ground, shall be constructed, installed, altered, added to, maintained and operated in accordance with the provisions of this Act.” 13. Subsection two of section sixty-nine of the Amendment Principal Act is amended by repealing the words “ twenty of s’ 69 (2)' pounds ” therein and by inserting, in lieu of those repealed words, the words “ one hundred pounds ”. amen1d4e.d— Part I. of the Schedule to the Princi r pal Act is AoPfamSretcnhId. emduelnet, s (i.) By repealing subparagraph (e) of clause eight of that Part and by inserting, in lieu of that repealed subparagraph, the following subparagraph :— (e) Medical examination (including blood, urine and expired air examinations), re-examination at such intervals as may be prescribed and X-raying of persons likely to be infected with ankylostamiasis, tuberculosis, or other transmissible diseases and persons whose health is affected by, or is suspected of being affected by, or is likely to be affected by, any conditions of work in a mine irrespective of whether such conditions were experienced in the past or at the time of examination or are likely to be experienced in the future and regulating and where considered necessary, prohibiting the initial * 6 6. 5 No. 35 and amending Acts, t 15 G. 6 No. 33, and amending Acts.

190 MINING. Mines Regulation Acts Amendment Act. 7 E liz . II. No. 21, employment or future employment of any persons whose health is or may be so affected; (ii.) By deleting the full stop at the end of clause eight of that Part and by adding to that clause eight the following subparagraph :— “; (g) Protection from radioactive substances generally and from harmful emanations or radiations from radioactive substances or any other source whatsoever.” ; and (iii.) By adding to clause eighteen of that Part the words “ and disease Amendment 15. Part II. of the Schedule to the Principal Act PofarStchIJe. dule, is amended by inserting, after rule fifty-three of that Part, the following rules :— oFInfrsiMctatuilollatnit- iroonpe other “ r 5 u 3 l a es . ( rie. ) laNtinotgwtiothswtainnddiinngg atnhde wpirnodviinsgionesngoinfesaniny Winders. Divisions V., VI. and IX. of the rules under this Part II. of the Schedule to this Act, no winder of the type known as “ Multi-rope Friction Winders ” shall be installed in, on or about any mine without the prior approval in writing of the Minister. (ii.) The conditions governing the construction, installation, maintenance, alteration and operation of, and addition to, any such winder in, on or about a mine shall be as approved by the Minister in each particular case and transmitted to the manager of the mine. (iii.) The Minister may at any time revoke, suspend, vary, add to, or otherwise modify any of such conditions and shall transmit written notice thereof to the manager of the mine. (iv.) Such conditions, including any revocation, suspension, variation, addition to, or modification otherwise thereof, when so approved by the Minister and transmitted to the manager of such mine shall be deemed to be part of the rules under this Part II. of the Schedule to this Act and shall take effect as if they were enacted therein. Where there is any conflict between any of such conditions in force for the t me being, and the general rules enacted in or made under this Act, the conditions approved by the Minister shall prevail.

MINING. 191 1958. Mines Begvlation Acts Amendment Act. (v.) Such conditions, when so approved and transmitted, and any revocation, suspension, variation, addition to, or modification otherwise thereof, duly notified as required by this rule 53 a , may be published in the Gazette and the production of the Gazette containing such conditions or any such revocation, suspension, variation, addition to, or modification otherwise shall, for the purposes of this Act, be sufficient evidence of such conditions or, as the case may be, of any such revocation, suspension, variation, addition to, or modification otherwise. 53 b . Notwithstanding the provisions of any other Lifts, rules relating to winding and winding engines in Divisions V., VI. and IX. of the rules, under this Part II. of the Schedule to this Act, the provisions governing the construction, installation, maintenance, alteration and operation of, and addition to, any lift in, on or about a mine, whether above or below ground, shall be as hereinafter provided— (a) No lift shall be installed in, on or about any mine, whether above or below ground, and, when so installed, no lift shall be materially altered or added to without the prior permission in writing of the Chief Inspector ; (b) An application to the Chief Inspector for permission to instal a lift in, on or about a mine or to alter or add to such a lift shall be accompanied by the following particulars to the satisfaction of the Chief Inspector— (A) In case of the installation of a lift— (i.) A plan showing the proposed location of such lift; (ii.) Drawings of such lift and its enclosures ; and (iii.) A full description of such lift and its enclosures ; (B) In case of an alteration or addition to a lift— (i.) Drawings of the lift and its enclosures showing the proposed alterations of or additions thereto ; and

192 MINING—PATRIOTIC FUND. Patriotic Fund of Queensland Act. 7 E liz . II. No. 22, (ii.) A full description of such lift and its enclosures when so altered or added to ; (c) The minimum requirements for the construction, installation, maintenance, alteration and operation of, and addition to, any such lift shall be the Lift Code for the time being in force as issued by the Standards Association of Australia; ( d ) No person other than a person who is competent by reason of his previous experience in the installation, alteration, repair, maintenance of, or addition to, electric lifts shall instal, alter, repair, maintain or add to any such lift; (e) Where there is any conflict between the provisions of this rule 53 b and of any other rule enacted in or made under this Act, the provisions of this rule 53 b shall prevail.” PATRIOTIC FUNDS. 7 EEIZ. IT. NO. 22, T he PATRIOTIC F und of Q ueensland act OF 1958. An Act Relating to The Patriotic Fund of Queensland. [A ssented to 7 th M ay , 1958.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. This Act may be cited as “ The Patriotic Fund of Queensland Act of 1958.” Application 2. (1.) The trustees of the patriotic fund under pofrofuvinddinfgor a and within the meaning of *“ The Patriotic Funds Acts , Shrine of 1942 to 1953,” known as “The Patriotic Fund of Memories. Queensland ” may, and are hereby authorised to, make out of that fund payments, not exceeding in the * 6 G. 6 No. 38 and amending Act.