State Coal Mines (Amendment) Act 1948 (NSW)
STATE COAL MiNES (AMENDMENT) ACL
Act No. 41, 1948.
| An Act to amend tlio State Coal Mines | Act, George VI. | ’ No. 41, 1943, |
| 1912-1 | in certain respects; | and | for | — |
purposes connected therewith. [Assented
to, IGth December, 1948.]
T 3D it rtiacU'd by t!io ivineb tiost Fjxceiicnt Majesty,
r > 1)V and witii tlie j'd'.'ic'o niid, eciVieiit of tiie J,ecis-
lative Coimcil and Le?bsie,tivc Aascmijly of New iSoutii Wales in Parlinment assembled, and by tlic autiiority of the same, as follow.s : —
| 1 . (1) This Aet may be cited | th e | ' ‘S t a l e | Coal Siiorttitie |
:iu<l _
| Mines (Ainendnicnt) A<4, 194S.’’ | citation. |
| (2) | The State Coal Mines Act, 1912-1 !)42, is in this |
Act rei'eiTod to as tlie Principal Act.
(f>) The Stale Coal Mines Act, 1912, as amended
by sntisc'Cjucnl Acts mid )>v this  et, niav be cited as the
| State Coal iUities Act, 1912-19-18. | ^ |
2 . (1) Upon a d.'iy to Ite aiipoiiifed by llie Governor Rceonstitu-
and notified by prodnniation luiltlisl.cd in the Gazette
(which day is in this Act rel'ei’rcd to as (he “ appointed statu Coh
day” ), the State (Aial Mines (Anli-ol Ihtard shall be
reconstituted and shall consist of not more than seven Eoar<i.
members
416 State Coal Mines (Amendment) Act.
Ko. 41, 1948. members who shall be appointed in accordance with
section thirteen of the Principal Act as amended by this
section.
As from the appointed day the name of the State Coal Mines Control Board shall be altered and the said Board shall be known as the State Mines Control Authority. Any reference in any Act, proclamation, rule, regula tion, by-law or instrument to the State Coal Mines Control Board shall, as from the appointed day, be deemed to be a reference to the State Mines Control Authority.
(2) (a) Nothing contained in this section shall prejudice or affect the continuity of the body corporate constituted under section thirteen of the Principal Act, but the same shall continue notwithstanding the provisions of this section.
(b) The said body corporate shall continue and shall be deemed always to have continued, notwith standing that there are or have been at any time or times vacancies in the offices of all of the members of the body corporate, or of any one or more of them.
(c) (i) The term of office of the members of the State Coal lines Control Board in office on the fifteenth day of December, one thousand nine hundred and forty-eight, is hereby extended for a period expiring on the appointed day.
(ii) Subparagraph (i) of this paragraph
shall bo deemed to have commenced upon the fifteenth day of December, one thousand nine hundred and forty- eight.
(3) (a) For the imrposes only of the appointment of persons to be members of the State Mines Control Authorit}^, and of any matters necessary for or incidental to such appointment, the provisions of subsection four of this section shall commence on the day upon which the assent of Ilis IMajesty to this Act is signified.
| (b) | The pei'sons so appointed shall assume |
their offices as members of the State Mines Control Authority upon the appointed day, and on that day the provisions of subsection four of this section shall come into force for all purposes.
(4).
state Coal Mines (Amendment) Act.
| (4) The Principal Act is amended— | No. 41, 1948. Amendment |
| (a) by omitting from subsection two of section one the definition of “ Board” and by inserting in | of Act No. |
| 70,1912. | |
| Sec. 1. |
| lieu thereof the following definition:— | (Short |
| “ Authority” means the State Mines Con | tille.) |
trol Authority.
| .(b) by inserting at the end of section twelve the following new subsection:—- | Sec. 12. (Powers of |
| Minister.) |
(2) The ]\Iinister may, upon such terms and conditions as he deems desirable, make advances of money to any employee of a State coal mine for the purpose of enabling such employee to erect or pui'chase a dwelling-house for himself.
Such terms and conditions shall include pro visions as to the repayment of and the security to be given for any moneys so advanced.
| (c) (i) by omitting from subsection one of section thirteen the words “ a board” and by | See. 13. (Constitu |
| tion of |
| inserting in lieu thereof the words “ an | Authority.) |
| authority” ; |
(ii) by omitting from the same subsection the words “ The State Coal Mines Control Board” and by inserting in lieu thereof the words “ The State Mines Control Authority” ;
(iii) by omitting from subsection two of the same section the word “ board” and by inserting in lieu thereof the word “ authority” ;
(iv) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection:—
(3) The authority shall consist of not more than seven members who shall be nppointed by the Covernor on the recom mendation of the Minister. Of the members so appointed—
| (a) | one shall bo the Director of State Coal Minos appointed under sec tion 14a of this Act; |
| o | . | (b). |
418 State Coal Mines (Amendment) Act.
| No. 41, 1948. | (b) | one shall be an officer of the Department of Mines; |
| (c) | one shall be a representative of the Department of Railways; and | |
| (d) | one shall be a representative of the employees of the State coal mines. |
The member referred to in paragraph (a) of this subsection shall be the chair man.
(v) by omitting from subsection four of the same section the word “ board” wherever occurring and by inserting in lieu thereof the word “ authority” ;
(vi) by omitting from subsection five of the same section the word “ board” and by inserting in lieu thereof the words “ authority other than the member referred to in paragraph (a) of subsection three of this section” ;
(vii) by omitting from the same subsection the words “ any member” and by inserting in lieu thereof the words “ any such member” ;
(viii) by omitting from the same subsection the words “ the members” and by inserting in lieu thereof the words “ such members” ;
(ix) by omitting from subsections six and seven the word “ board” wherever occurring and by inserting in lieu thereof the word “ authority” ;
| Sec. 14. | (d) (i) by omitting from subsections one, two, three, five, six and seven of section fourteen the word “ board” wherever occurring and by inserting in lieu thereof the word “ authority” ; |
| (Term of | |
| office.) |
(ii) by omitting from subsection three of the same section the words “ any two members” and by inserting in lieu thereof the words “ any three members” ;
(iii) by omitting subsection four of the same section;
(e)
| state Coal Mines (Amendment) Act. | 419 |
| (e) | by inserting next after section fourteen the No. 4i, 1948. | |
|
14a. (1) The Governor may, on the recom mendation of the Minister, appoint a Director state Coal
|
Coal Mines shall hold office for a term not exceeding seven years and shall be eligible for re-appointment.
The Director of State Coal Mines shall be paid such salary, fees and travelling expenses as may be determined by the Governor.
Such salary, fees and travelling expenses shall be deemed to be part of the general cost of administration and execution of this Act.
(2) The Director of State Coal Mines shall be the chief administrative officer of the authority and shall exercise and discharge the powers, authorities, duties and functions con ferred or imposed upon him by or under this Act.
| (3) The Minister and the authority may delegate to the Director of State Coal Mines any of his or its powers or functions but such | |
| . | delegation shall not interfere with his or its own execution or performance of these powers and functions. Any such delegation may be revoked or varied by the Minister or the authority. |
14b. (1) There shall be constituted at each Committees.
State coal mine a committee which shall consist of three members appointed by the Minister.
One of such members, who shall be the chair man of tlie committee, shall be a representative of the State Mines Control Authority, one of such members shall be the manager of the mine in respect of which the committee is constituted and the other shall be a representative of the employees elected by the employees of such mine.
Such members (other than the manager of
the mine) shall be appointed for a term of
three years, shall be eligible for re-appointment
and
420 State Coal Mines (Amendment) Act.
| Ko. 41, 1948. | and shall be paid such remuneration, fees and travelling expenses as may be determined by the Minister. |
| Such remuneration, fees and travelling ex penses shall be deemed to be ))art of the general cost of the administration and execution of this Act. | |
| A member (other than the manager of the mine) may bo removed from office by the Minis ter for any cause which appears to him to bn sufficient. | |
| At any meeting of a committee two members shall form a quorum. | |
| (2) It shall be the duty of a committee constituted under this section— |
| (a) | to meet at least once in every two- weeks; |
| (b) | to encourage and assist the promotion of harmonious relations between the management and the employees of the mine in respect of which it is constituted; |
| (c) | to investigate and report to the authority upon matters relating to the safety, health and welfare of the employees of such mine; |
| (d) | to investigate and report to the authority upon matters relating to the efficient working or operation of sucK mine. |
| Sec. 15. | (f) (i) by omitting from subsections one, two and |
| vested in |
| (Mine | four of section fifteen the word “ board” |
| Authority.) | wherever occurring and by inserting in lieu thereof the word “ authority” ; |
(ii) by omitting subsection three of section fifteen and by inserting in lieu thereof the following subsection:—
| (3) The authority may appoint a super intendent of State coal mines and such; managers and under-managers, engineers, |
surveyors,
| Hide and Leather Industries Aet. | 4.21 |
surveyors, agents, workmen and servants N.i. 4i, iM*.
as may be necessary for the purposes of
this Act,
Any appointment of a superintendent, manager, or under-manager shall be subject to the appi'oval of the Minister.
| (g) | by omitting from sections 15a, sixteen and | |
| twenty-one the word “ board” Avhorever occur- p̂yngjqnen- ring and by inserting in lieu thereof the word tiai.) “ authority” ; | ||
| (h) | by omitting section seventeen and by inserting Subsf. | |
|
17. The Department of Raihvays and any Coal for
other body, corporate or unincorporate, having
a representative on the authority shall purchase tobomir-
froni the authority all coal required to be used
for the purposes of their undertakings or
activities and all works connected therewith
under the control of the said bodies so far as
the State coal mines can supply such require
ments: Provided that the bodies requiring the
coal are satisfied tliat such coal is, as to quality,
price and situation equal to any other coal that
is available for purchase by them.
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