Mines and Quarries Act , 1965

PART I Preliminary and General

1 Short title.

1.—This Act may be cited as the Mines and Quarries Act, 1965.

2 Commencement.

2.—This Act shall come into operation on such day or days as shall be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

3 Meaning of “mine” and “quarry”.

3.—(1) In this Act “mine” means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals.

(2) In this Act “quarry” means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined.

(3) “Mine” and “quarry” include, respectively, any place on the surface surrounding or adjacent to the shafts of the mine or to the quarry occupied together with the mine or quarry for the storage or removal of the minerals or for the purposes of a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals but, subject thereto, does not include any place at which any manufacturing process is carried on.

(4) For the purposes of this Act, any place occupied by the owner of a mine or quarry and used for depositing refuse from it shall form part of the mine or quarry, but any place so used in connection with two or more mines or quarries, and occupied by the owner of one of them, or by the owners of any two or more in common, shall be deemed to form part of such one of those mines or quarries as the Minister may direct.

(5) For the purposes of this Act any line or siding (not being part of a railway) serving a mine or quarry shall form part of the mine or quarry, but, if serving two or more of them, shall be deemed to form part of such one of them as the Minister may direct.

(6) For the purposes of this Act a conveyor or aerial ropeway provided for the removal from a mine or quarry of minerals or refuse shall form part of the mine or quarry.

4 Meaning of “owner”.

4.—(1) In this Act “owner” means, in relation to a mine or quarry, the person for the time being entitled to work it.

(2) Where the working of a quarry is wholly carried out by a contractor on behalf of the person entitled to work it, the contractor shall, to the exclusion of that person, be taken for the purposes of this Act to be the owner of the quarry.

(3) Where two or more persons are entitled to work a quarry independently, that one of those persons who is the licensor of the others shall, to the exclusion of the others, be taken for the purposes of this Act to be the owner of the quarry.

(4) Where the business of a person who, by virtue of the foregoing provisions, is to be taken to be owner of a mine or quarry is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by order of court, the liquidator, receiver, manager or other person shall be taken for the purposes of this Act to be an additional owner of the mine or quarry.

5 Interpretation generally.

5.—(1) In this Act, unless the context otherwise requires—

“bodily injury” includes injury to health;

“child” means a person who is under the school-leaving age;

“contravention” includes, in relation to—

(a) a provision of this Act, of an order made thereunder or of regulations, or

(b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector, or

(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector,

a failure to comply with the provision, direction, prohibition, restriction, requirement or condition, and “contravene” shall be construed accordingly;

“gas” includes fume or vapour;

“general regulations” means regulations other than those applicable to a particular mine or quarry only;

“gravity operated rope haulage apparatus” means rope haulage apparatus worked solely by the action of gravity on a vehicle or vehicles attached to a rope forming part of the apparatus;

“gravity operated winding apparatus” means winding apparatus worked solely by the action of gravity on a part of it in which a load is carried;

“inspector” means an inspector appointed under this Act;

“legal proceedings” includes arbitration;

“mechanically operated rope haulage apparatus” means rope haulage apparatus worked by a stationary engine;

“mechanically operated winding apparatus” means winding apparatus worked by a stationary engine;

“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;

“the Minister” means the Minister for Industry and Commerce;

“notice” means a notice in writing;

“parent” means, in relation to a child or young person, the individual having the legal custody of the child or young person and where, owing to the absence of that individual or for any other reason, the child or young person is not living with or in the actual custody of that individual, includes the individual with whom the child or young person is living or in whose actual custody the child or young person is;

“period of employment” means the period (inclusive of the time allowed for meals and rest) within which a person may be employed on any day;

“permitted lights” means, in relation to a mine or a part of a mine, locked safety-lamps and any other means of lighting the use of which below ground in mines generally, in mines of a class to which that mine belongs or in that mine is authorised by regulations;

“prescribed” means prescribed by regulations;

“railway” means any railway used for the purposes of public traffic whether passenger, goods or other traffic and includes any works of the body corporate managing and controlling the railway which are connected with the railway;

“regulations” means regulations made by the Minister;

“responsible person” means, in relation to a mine, the manager and, in relation to a quarry, the owner;

“road” includes part of a road but does not include an unwalkable outlet;

“rope” includes chain;

“rope haulage apparatus” means apparatus for transporting loads in vehicles attached to ropes;

“sanitary conveniences” includes urinals, water-closets, earth-closets, ash-pits, privies and any similar convenience;

“the school-leaving age” means the age at which the School Attendance Act, 1926, ceases to apply;

“shaft” means a shaft the top of which is, or is intended to be, at the surface;

“special regulations” means regulations applicable to a particular mine or quarry only;

“staple-pit” includes winze;

“statutory responsibilities” means responsibilities under this Act, orders made thereunder and regulations;

“support rules” means rules made under section 55 for any of the purposes of the sections relating to support in mines;

“travelling road” means a length of road in a mine, used for the purpose of walking to or from working places;

“unwalkable outlet” means an outlet which, owing to the gradient thereof or of any part thereof (whether alone or in combination with other circumstances), persons cannot walk up with reasonable convenience;

“week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night;

“winding apparatus” means, in relation to a mine shaft or staple-pit, apparatus for lowering and raising loads through the shaft or staple-pit;

“woman” means a woman whose age is not less than eighteen years;

“young person” means a person who has reached the school-leaving age but is less than eighteen years of age.

(2) For the purposes of this Act mine workings having a common system of ventilation, or any part of a system of ventilation in common, shall be deemed to form part of the same mine.

(3) For the purposes of this Act—

(a) the working of a mine shall be deemed to include the operation of driving a shaft or outlet therefor;

(b) the working of a quarry shall be deemed to include the operation of removing overburden thereat;

(c) a mine or quarry shall be deemed to be worked notwithstanding that the only operations carried on thereat are operations carried on with a view to abandoning the mine or quarry or for the purpose of preventing the flow therefrom into an adjacent mine or quarry of water or material that flows when wet, but shall not be deemed to be worked by reason only that pumping operations are carried on thereat for the purpose of supplying water to any person.

(4) References in this Act to the use of safety-lamps by way of temporary precaution shall, in relation to a mine, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed below ground in the mine in a place in which the use of naked lights might be dangerous and, in relation to a part of a mine below ground, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed in that part in such a place.

(5) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including this Act.

6 Application to State.

6.—This Act applies to mines and quarries belonging to or in the occupation of the State in the same manner as it applies to mines and quarries generally.

7 Expenses.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

8 Laying of regulations before Houses of Oireachtas.

8.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

9 Consultation with Minister for Health as to health regulations.

9.—Regulations under this Act in regard to the health of persons employed shall be made by the Minister only after consultation with the Minister for Health.

10 Repeals.

10.—The Acts mentioned in the First Schedule are hereby repealed to the extent specified in the third column of the Schedule.

11 Continuance of instruments, office-holders and registers.

11.—(1) Any order, regulation, rule, certificate, exemption, consent, approval, permission, notice or authority made or given under any enactment repealed by this Act and in force immediately before the commencement of this Act shall continue in force and shall have effect as though it had been made or given under this Act and, in so far as it could have been made or given under a particular provision of this Act, shall be deemed to have been made or given under that provision.

(2) Any such order, regulation or rule made under a power which is exercisable under a corresponding provision of this Act by a different class of instrument shall be deemed to be an instrument of that class.

(3) Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold office or to act or serve as if he had been appointed under the corresponding provision of this Act.

(4) Any register kept under an enactment repealed by this Act shall be deemed part of the register to be kept under the corresponding provision of this Act.

(5) The provisions of this section are without prejudice to the general application of section 21 of the Interpretation Act, 1937, as to the effect of repeals.

PART II Management and Control of Mines and Quarries

Mine and Quarry Owners

12 General duties of mine and quarry owners.

12.—(1) It shall be the duty of the owner of every mine and quarry to secure that the mine or quarry is planned, laid out, managed and worked in accordance with this Act and with the orders and regulations and to comply with all requirements thereunder.

(2) The owner shall give written instructions to every person appointed by him for the purpose of securing the fulfilment of the owner's statutory duties defining that person's responsibilities.

(3) The owner shall forthwith send a copy of such instructions to an inspector and to the manager of the mine or quarry.

Mine Managers and other Officials

13 Appointment, and general duties and powers, of mine managers.

13.—(1) Subject to this Part, no mine shall be worked unless there is a sole manager of the mine, being an individual duly appointed and having such qualifications as are required under this Part.

(2) The manager of a mine shall have the management and control of the mine, exercisable subject to any instructions given to him by or on behalf of the owner, and shall also—

(a) have the duty of securing the discharge by all others of obligations imposed on them with respect to the mine under this Act, and

(b) have such duties with respect to the appointment of persons to carry out inspections of the mine and to be in charge of, or to supervise or conduct, operations thereat, and such other duties, and such powers, as are imposed or conferred on him under this Act.

(3) It shall be the duty of the manager of every mine, with respect to each report, record or other item of information which, in pursuance of this Act or regulations, is entered in a book which by or by virtue of this Act is required to be provided for that purpose by the owner of the mine, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which either is of an abnormal or unusual nature as regards the mine or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the manager or any other person.

(4) The manager of a mine shall be appointed by the owner who, if an individual, may appoint himself subject, in the case of a mine whereof the manager is under this Part required to hold qualifications for his office, to the possession by the owner of those qualifications.

14 Rights of mine manager with respect to instructions given by or on behalf of owner.

14.—(1) Any instructions given to the manager of a mine by or on behalf of the owner, affecting the fulfilment by the manager of his statutory responsibilities, shall, so far as they are not written, be confirmed in writing, by the person by whom they were given, forthwith on the request of the manager.

(2) Except in a case of emergency, neither the owner of a mine nor a person acting on his behalf shall, except with the consent of the manager, give, otherwise than through the manager, any instructions to a person employed at the mine who is responsible to the manager.

(3) Where, in any excepted case, the owner of a mine or a person acting on his behalf gives instructions which would otherwise be required to be given through the manager, the person who gave the instructions shall forthwith inform the manager of the substance thereof and, on the request of the manager, confirm them in writing forthwith.

(4) Where, in the case of a mine whereof the manager is under this Part required to hold qualifications for his office, instructions are given by or on behalf of the owner to the manager, or a person appointed by the manager in pursuance of this Act or regulations, then, if the manager is of opinion that the execution of the instructions would or might be likely to prejudice the safety or health of the persons employed at the mine (or any of them) or to impede him in the discharge, in relation to the mine, of any duty imposed on him by or by virtue of this Act, he may,—

(a) in a case where the instructions are given to him, decline to execute them until they are confirmed in writing by a person qualified for appointment as manager of the mine who is authorised in writing by the owner to confirm instructions so given,

(b) in any other case, direct that the instructions be not executed until they are so confirmed by such a person.

(5) Subsection (4) shall not apply to instructions given by an owner of a mine who is an individual qualified for appointment as manager of such a mine or by such a person as is mentioned in paragraph (a) of that subsection.

(6) Where, in the case of a mine to which subsection (4) applies, instructions are given and confirmed as therein mentioned, the document by which they are confirmed shall be preserved by the manager, and a copy of that document shall be preserved by the owner, in each case for three years after the instructions cease to be operative.

15 Qualifications of mine manager.

15.—No person shall be qualified to be appointed or to be the manager of a mine at which more than fourteen persons are employed below ground unless he has attained such age, possesses such qualifications and satisfies such other conditions as may be prescribed.

16 Daily supervision by mine managers.

16.—(1) No mine shall be worked unless daily personal supervision thereover is exercised by the manager or, during any period during which he is absent on leave or is prevented from exercising such supervision by sickness or other cause beyond his control, by a person appointed by the owner of the mine (and having such qualifications (if any) as may be prescribed) to exercise such supervision during any such period.

(2) Subsection (1) shall not authorise the working of a mine under the supervision of a person other than the manager for any period exceeding seventy-two days (or such longer period as an inspector may allow).

(3) A person appointed under subsection (1) shall, so far as regards any period during which he acts in exercise of his appointment, be treated for the purposes of this Act, orders made thereunder and regulations in all respects as if he were the manager of the mine but nothing in this subsection shall be construed as divesting the manager of any power, or relieving him from any duty or liability, conferred or imposed on him by or by virtue of this Act.

17 Deputies.

17.—(1) Provision may be made by regulations—

(a) for imposing, in relation to a mine, such requirements as to the carrying out, by competent persons (each of whom is in this Act referred to as a “deputy”) appointed for the purpose by the manager of the mine and having such qualifications as may be prescribed, of inspections of the mine as the Minister thinks proper to impose to secure the safety and health of the persons employed;

(b) for providing that, subject to any exceptions for which provision may be made by the regulations, deputies shall have the immediate charge of the persons employed at the mine and of the operations carried on by them;

(c) for prescribing any additional duties to be discharged by deputies and for requiring that, subject to any prescribed exceptions, deputies shall devote the whole of their time to the discharge of their duties; and

(d) for requiring or authorising the delimitation in a mine of districts for the purpose of the discharge by deputies of their duties, for requiring that where districts are delimited no deputy shall have charge of more than one district and for relating to each district the duties of the deputy in charge of it.

(2) It shall be the duty of the manager of the mine to secure that the number of deputies is sufficient to secure the efficient discharge of their duties.

18 Other officials, engineers, technicians, etc.

18.—(1) It shall be the duty of the manager of every mine to appoint such number of officials, engineers and technicians and other competent persons as is sufficient (taking into account activities undertaken in person by the manager and by any persons so appointed) to secure—

(a) the adequate inspection of the mine and its equipment,

(b) the thorough supervision of all operations at the mine, and

(c) the carrying on of the undertaking of the mine in conformity with this Act.

(2) Regulations may require the manager of a mine to appoint such officials, engineers or technicians or other competent persons as may be prescribed, for the purpose of supervising, inspecting or conducting prescribed operations or matters, and the regulations may prescribe the qualifications to be held and the duties to be discharged by such persons.

19 Duty of mine manager to ensure that persons appointed by him understand their duties.

19.—It shall be the duty of the manager of every mine to ensure to the best of his ability that every person appointed by him in pursuance of this Act or of regulations understands the nature and scope of his duties.

20 Disqualification of contractors and their employees for appointment as managers or deputies of mines.

20.—Where a mine or any part thereof is worked, or any operations in a mine are carried on, by a contractor, and a person is under this Part required to hold qualifications for appointment as manager or deputy, neither the contractor nor a person employed by him shall be capable of being appointed to such office notwithstanding that, apart from this section, he is qualified for appointment thereto.

21 Plans Plans.

21.—(1) Regulations may require the manager of a mine to keep at the office at the mine or at some other place approved by an inspector—

(a) accurate plans of all the workings (whether abandoned or not) in the mine or within, or within a prescribed distance from, the boundaries of the mine or of such of those workings as may be prescribed,

(b) accurate sections of the seams or veins for the time being worked in the mine and of all the strata overlying them,

in such form and manner and complying with such conditions as may be prescribed.

(2) It shall be the duty both of the owner and of the manager, and of such other persons as may be prescribed, to afford to the person preparing any plan or section all such information and facilities as he may need for the purpose.

(3) Regulations may require, in the case of the abandonment or disuse of a mine or of a seam or vein in a mine, the owner to send to an inspector such plans and sections relating thereto and to the overlying strata, in such circumstances, within such time, in such form and manner and complying with such conditions as may be prescribed.

22 Faulty plans.

22.—(1) If it appears to the Minister that—

(a) any plan or section to which section 21 applies is inaccurate, incomplete, dilapidated or wholly or partly indecipherable or that a plan or section required to be sent to an inspector has not been sent within the prescribed time, and

(b) that, in the interests of safety, it is desirable for a new plan or section to be made,

the Minister may appoint a person (in this section referred to as “the surveyor”) to make a new plan or section.

(2) The owner and the manager shall afford to the surveyor all such facilities and information as he may need.

(3) The cost of making the new plan or section, or such part of the cost as the Minister thinks proper, shall be recoverable by the Minister from the owner.

Quarry Managers and other Officials

23 Appointment of quarry managers.

23.—(1) Subject to this Part, no quarry shall be worked unless there is a sole manager of the quarry, being an individual.

(2) The manager shall be appointed by the owner who, if an individual, may appoint himself.

24 General powers and duties of quarry managers.

24.—(1) Subject to section 25, the manager of a quarry shall have the management and control of the quarry, exercisable subject to any instructions given to him by or on behalf of the owner, and shall also have the duty of securing the discharge by all others of obligations imposed on them with respect to the quarry by or under the following provisions of this Part.

(2) It shall be the duty of the manager of a quarry, with respect to each report, record or other item of information which in pursuance of this Act or regulations is entered in a book which by or by virtue of this Act is required to be provided for that purpose by the owner of the quarry, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which relates to a matter over which the management and control vested in him by this section extends and either is of an abnormal or unusual nature as regards the quarry or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the manager or any other person.

25 Power of quarry owner to exclude matters from manager's control.

25.—(1) There shall be excepted from the management and control vested in the manager by section 24 any matter responsibility for which is for the time being reserved to himself by the owner by instrument in writing executed by him and lodged with the inspector and the manager shall not, as regards any matter so excepted, be concerned to secure compliance with any requirement imposed with respect to the quarry by or under this Act.

(2) If the inspector is of opinion that reservation to the owner, by any such instrument, of responsibility for any particular matter is, or might be, likely to prejudice the safety or health of persons employed at the quarry, the inspector may, by notice served on the owner, direct that the instrument shall, to the extent of the reservation, be of no effect.

(3) Nothing in subsection (1) shall be construed as authorising the divestment of, or as operating to divest, a manager of a quarry of any duty expressly imposed on him by or under the following provisions of this Part.

(4) Where responsibility for any matter is for the time being duly reserved to the owner of a quarry, it shall be his duty, with respect to each such report, record or other item of information as aforesaid, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which relates to the matter responsibility for which is so reserved and either is of an abnormal or unusual nature as regards the quarry or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the owner or any other person.

26 Rights of quarry manager with respect to instructions given by or on behalf of owner.

26.—(1) Any instructions given to the manager of a quarry by or on behalf of the owner, affecting the fulfilment by the manager of his statutory responsibilities shall, so far as they are not written, be confirmed in writing by the person by whom they were given forthwith on the request of the manager.

(2) Except in a case of emergency, neither the owner of a quarry nor a person acting on his behalf shall, except with the consent of the manager, give, otherwise than through the manager, to a person employed at the quarry who is responsible to the manager, any instructions affecting the discharge of that person's duties in relation to a matter over which the management and control vested in the manager by section 24 extends.

(3) Where, in any excepted case, the owner or a person acting on his behalf gives instructions which would otherwise be required to be given through the manager, the person who gave the instructions shall forthwith inform the manager of the substance thereof and, on the request of the manager, confirm them in writing forthwith.

27 Supervision by quarry manager.

27.—(1) No quarry shall be worked unless close and effective supervision over all operations in progress thereat is exercised by the manager or, during any period during which he is absent on leave or is prevented from exercising such supervision by sickness or other cause beyond his control, by a person appointed by the owner to exercise such supervision during any such period.

(2) Nothing in subsection (1) shall require the supervision to be exercised by the manager to extend to any operation in so far as it involves matters which, under section 25, are excepted from his management and control.

(3) The person appointed shall, while so acting, be treated for the purposes of this Act in all respects as if he were the manager.

(4) Nothing in subsection (3) shall divest the manager of any power, or relieve him from any duty or liability, conferred or imposed on him by or under this Act.

28 Power to require qualified manager where certain quarrying operations are carried on.

28.—Regulations may prohibit the carrying on at a quarry of operations of a prescribed class unless the manager has prescribed qualifications, and any such regulations may—

(a) provide for temporary exemptions from the prohibition to avoid, in the case of the manager's ceasing to hold office, sudden cessation of the carrying on at the quarry of operations of that class, and

(b) provide that section 27 shall not authorise the appointment of any person to exercise supervision over such operations unless that person has the prescribed qualifications.

29 Officials, etc.

29.—Regulations may require the appointment by owners or managers of quarries, for the purpose of supervising, inspecting or conducting prescribed operations or matters, of such officials, engineers or technicians or other competent persons as may be prescribed, and the regulations may prescribe the qualifications to be held and the duties to be discharged by such persons.

Provisions as to Appointments by Mine and Quarry Owners.

30 Temporary appointments during vacancy in office of mine or quarry manager.

30.—(1) Where the manager of a mine or quarry dies, resigns or otherwise ceases to hold office, nothing in section 13 or 23 shall prevent the mine or quarry being worked at any time during a period not exceeding seventy-two days (or such longer period as an inspector may allow) until a successor is appointed, if at that time there is a person appointed by the owner to exercise and perform, in the event of the manager's ceasing to hold office, his powers and duties until a successor is appointed.

(2) The person appointed shall, while so acting, be treated for the purposes of this Act in all respects as if he were the manager.

31 Notification to inspector of appointments by mine or quarry owners.

31.—Forthwith after the appointment by the owner of a mine or quarry of a person to be a manager, or to exercise and perform the powers and duties of manager during a vacancy, or to exercise supervision during a period when the manager is absent or unable to exercise supervision, the owner shall give to the inspector notice, in such form as may be specified by the Minister, of the making of the appointment and of the name and address of the person appointed.

PART III Safety, Health and Welfare (Mines)

Shafts and Entrances

32 Requirements as to shafts and outlets: mines of coal and other stratified minerals.

32.—(1) There must be in every mine of coal or other stratified mineral at least two shafts or outlets, with which every seam for the time being at work in the mine shall have a communication, so that such shafts or outlets shall afford separate means of ingress and egress available to the persons employed in every such seam, whether the shafts or outlets belong to the same mine or to more than one mine.

(2) Such two shafts or outlets must not at any point be nearer to one another than fifteen yards, and there shall be between them a communication not less than four feet wide and four feet high.

(3) Every part of the mine in which ten or more persons are employed at the same time shall be provided with at least two ways affording means of egress to the surface, and so arranged that, in the event of either becoming impassable at any point, the other will afford means of egress to the surface.

(4) No person shall be precluded by any agreement from doing such acts as may be necessary for complying with the foregoing provisions of this section, or be liable under any contract to any injunction, damages, penalty, or forfeiture for doing such acts as may be necessary in order to comply therewith.

(5) Regulations may provide that this section shall, with such exceptions, modifications and adaptations as may be prescribed, apply to any other class of mine.

(6) Regulations may provide such further safeguards as the Minister may think proper to secure safe ingress and egress, including requirements as to the communications to be provided and maintained between shafts and outlets and limitations on the number of persons to be employed at any time in a place below ground from which there are not two separate, convenient and safe ways each leading to a different shaft or outlet.

(7) Provision may be made by regulations or by a notice served by the Minister or an inspector on the owner of a mine for exempting the mine or any specified place therein from all or any of the requirements of this section or of regulations made thereunder.

33 Provision of winding and haulage apparatus.

33.—(1) Every shaft and unwalkable outlet for the time being in use at a mine of coal or other stratified mineral for bringing persons to and from the surface shall be provided with apparatus for carrying persons between the top of the shaft, or surface entrance to the outlet, and the entrances to the workings and between those entrances themselves.

(2) (a) Every shaft and unwalkable outlet for the time being in use at any other mine for bringing persons to and from the surface shall be provided with apparatus for carrying persons between the top of the shaft or surface entrance to the outlet and the entrances to the workings and between those entrances themselves, if the relevant distance exceeds one hundred and fifty feet.

(b) In this subsection “relevant distance” means, in the case of a shaft, the distance between the top of the shaft and the bottom of the lowest entrance to the shaft provided for affording to persons access to the shaft and, in the case of an outlet, the distance between the point at which the outlet reaches the surface and the underground entrance provided for affording to persons access to the outlet which is furthest from that point.

(c) An inspector may by notice served on the manager of a mine exempt from this subsection a shaft or outlet provided at the mine.

(3) The apparatus shall comply with such requirements as may be prescribed.

(4) The use of the apparatus shall be confined to the shaft or outlet, unless an inspector in any particular case, by notice served on the manager of the mine, consents to its use not being so confined.

(5) All apparatus shall be properly maintained and, when not in use, kept constantly available for use.

34 Securing of shafts and staple-pits.

34.—(1) Every mine shaft and staple-pit shall, save in so far as the natural conditions of the strata through which it passes render it unnecessary (either as to the whole or as to any part thereof) so to make it, be made secure, and shall be kept secure.

In any prosecution for a contravention of this subsection it shall be a defence to prove that at the time of the alleged contravention no insecure part of that shaft or staple-pit was in use or was the site of any operations in progress by way of driving or extending the shaft or staple-pit.

(2) Subsection (1) shall apply to unwalkable outlets at a mine as it applies to mine shafts.

35 Safety precautions with respect to entrances to shafts, staple-pits and outlets.

35.—(1) The surface entrance to every mine shaft and every other entrance thereto (whether above or below ground), and every entrance to every staple-pit, shall be provided with an efficient enclosure or barrier so designed and constructed as to prevent any person from accidentally falling down the shaft or staple-pit or accidentally coming into contact with a moving part of any winding apparatus with which the shaft or staple-pit is provided.

(2) Every enclosure or barrier shall be properly maintained and, where it or any part of it is removable or openable, the enclosure, barrier or part shall be kept securely in position or, as the case may be, securely closed save in so far as its removal or opening is necessary for the purpose of the use of the shaft or staple-pit, or the doing of work in, or the inspection of, or of anything in, the shaft or staple-pit.

(3) Regulations may require such steps as may be prescribed to be taken for the purpose of preventing persons from accidentally entering outlets at mines or from accidentally coming into contact with moving parts of any apparatus therein.

(4) For the purposes of this section so much of any superstructure provided at the top of a shaft as forms an extension thereof shall be deemed to form part of the shaft.

(5) this section shall not apply to a shaft or outlet of, or staple-pit in, an abandoned mine or a mine which has not been worked for a period of twelve months, but, save as aforesaid, shall apply as well to shafts, outlets and staple-pits which are not in use as to shafts, outlets and staple-pits which are in use.

Roads

36 General provisions with respect to construction and maintenance of roads.

36.—(1) This section applies to every road in a mine.

(2) Every road made after the commencement of this section shall be so made and maintained as to avoid sudden changes of direction, height, width and gradient, save in so far as the system of working the mine or the natural conditions of the strata therein render it inadvisable for reasons of safety to do so, or it is unnecessary to do so.

(3) If, in the case of any road made before the commencement of this Act, an inspector is of opinion that any sudden change therein of direction, height, width or gradient ought to be eliminated, he may serve on the manager of the mine a notice requiring the manager to execute, within a specified period, such works as will eliminate that sudden change.

(4) Every road, which is used at the beginning or end of a shift by not less than six persons shall be kept free from obstructions and the floor thereof shall be kept in good repair.

(5) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under this section.

(6) References in this section to changes of gradient shall be construed as including references to deviations (whether upwards or downwards) from the horizontal.

(7) It shall be the duty of the manager of the mine to take such steps as may be necessary to comply with this section.

37 Height and width of travelling roads.

37.—(1) Every travelling road shall be of adequate height and width and, if its height or width appears to an inspector to be inadequate, he may serve on the manager of the mine a notice requiring any specified alteration to be made.

(2) (a) Every travelling road, made after the commencement of this subsection, which is used at the beginning or end of a shift by not less than ten persons for the purpose of walking to or from their working places, shall be not less than five feet six inches high throughout.

(b) An inspector may, by notice served on the manager of a mine, exempt any road from this requirement.

(3) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under subsection (1) of this section.

38 Prohibition of use of vehicles and conveyors in roads not affording free movement.

38.—The manager of a mine—

(a) shall not permit vehicles to run in any road therein unless neither the vehicles nor their loads, nor (if the vehicles run as part of rope haulage apparatus) the ropes to which they are attached, nor (if the vehicles are hauled by animals) the animals nor their harnesses rub against the roof or sides of the road, anything supporting the roof and sides of the road or either of them or anything in the road not provided for the purpose of controlling the vehicles or (in the case of vehicles which run as part of rope haulage apparatus) the ropes to which they are attached;

(b) shall not permit a conveyor to be operated in any road therein unless neither the conveyor nor its load rubs against the roof or sides of the road, anything supporting the roof and sides of the road or either of them or anything in the road.

39 Transport rules and regulations.

39.—(1) The manager of every mine shall make rules (in this section referred to as “transport rules”)—

(a) specifying the maximum loads (by reference to weight, dimensions, number or other criteria) that may be carried in vehicles in any length of road in the mine and the maximum number of vehicles (according as to whether they are loaded or unloaded) that may be coupled together to run as a set or train in any length of road in the mine,

(b) specifying the maximum speeds at which vehicles may run in any length of road in the mine, and

(c) prohibiting the conveyance in roads in the mine of persons in vehicles or on conveyors except in such circumstances and in accordance with such conditions, if any, as may be specified in the rules and specifying precautions to be observed when persons are so conveyed,

and may make such other rules as he thinks proper with respect to the use of vehicles and conveyors in the mine and the conditions under which they may be used.

(2) (a) If an inspector is of opinion that transport rules require modification in any particular, he may serve on the manager of the mine a notice specifying the modification that, in his opinion, ought to be made, and requiring the manager, within a specified time, to modify the rules in accordance with the tenor of the notice.

(b) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice under this subsection.

(3) A transport rule which is inconsistent with the provisions of any regulation shall, to the extent of the inconsistency, be of no effect.

(4) Regulations may require the provision of facilities for the carriage of persons through travelling roads in the interests of safety or to avoid excessive fatigue.

40 Provisions for securing safety of foot-passengers in transport roads.

40.—(1) This section applies to every road in a mine, being a road in which run vehicles moved otherwise than by hand or by animal traction.

(2) While such vehicles are moving in the road no person employed at the mine (other than an authorised person) shall, except in accordance with regulations, pass on foot along the road unless the movement of the vehicles is specially stopped to allow him to do so.

(3) If the road is used at the beginning or end of a shift by not less than ten persons, it shall be the duty of the manager to fix a period or periods for the purpose of enabling them to walk in safety, and no person shal cause or permit a vehicle (whether loaded or not) to move, otherwise than by hand or by animal traction, in the road during a period so fixed.

(4) Regulations may exempt from any of the foregoing requirements any road of a prescribed class in mines to which the regulations apply, and an inspector may, by notice served on the manager of a particular mine, exempt from any such requirement any road in that mine.

(5) In any prosecution in respect of a person's passing along a road in contravention of subsection (2) it shall be a defence to prove that he had reasonable cause to believe that it might be necessary for repairs to be carried out forthwith in the road and was so passing to ascertain the nature or extent of the repairs.

(6) Except with the written permission of the manager of a mine, no person shall, except in accordance with special regulations, accompany on foot below ground a vehicle which is moving as part of any rope haulage apparatus.

(7) For the purposes of subsection (2), “authorised person” means, in relation to a road in a mine,—

(a) an official of the mine;

(b) a person employed in connection with the running of vehicles in that road;

(c) a person engaged in, or in connection with, the carrying out in that road of repairs which it is necessary to carry out forthwith; or

(d) a person engaged in carrying out, by virtue of the provisions of this Act relating to workmen's inspections or of any such agreement as is mentioned in those provisions, an inspection at the mine.

41 Provision of refuge holes.

41.—(1) Subject to any prescribed exceptions, the manager of a mine shall not permit vehicles (not being vehicles moved by hand) to run in any length of road in the mine unless refuge holes are provided in prescribed positions in the road, beyond seventy-five feet of a working face served by it.

(2) Every such refuge hole shall be of such dimensions and comply with such requirements as may be prescribed.

(3) Every such refuge hole shall be kept free from obstruction.

(4) In this section “working face” does not include a place in a road at which ripping or work of repair is in progress.

42 Safety measures relating to use of vehicles.

42.—(1) So long as vehicles are used in a mine, there shall be provided, maintained and used, either in the mine or on the vehicles or both in the mine and on the vehicles, such safety devices as are necessary to prevent the occurrence of accidents to persons by vehicles running away; and every device shall be of a kind designed to assume automatically the position in which it operates for the purpose for which it is designed, save in a case where there is good reason for not providing a device of that kind.

(2) All necessary precautions shall be taken to protect from injury, in the event of a vehicle running away, any person who, otherwise than as a matter of routine, is at work at a place in a mine through which a vehicle runs.

Special Precautions for Winding and Rope Haulage Apparatus and Conveyors.

43 Charge of winding and rope haulage apparatus when persons are carried.

43.—(1) No mechanically or gravity operated winding or rope haulage apparatus at a mine shall be operated for the carriage of persons except by a competent male person, who is at least twenty-two years of age, appointed by the manager; and it shall be the duty of the manager of every mine to appoint a sufficient number of competent male persons for the purpose.

(2) It shall be the duty of the manager of a mine to secure that a person appointed under this section is in attendance at the mine to operate such apparatus so long as any person is below ground who it is intended should come out by means thereof.

(3) An inspector may serve on the manager of a mine a notice requiring him to secure that, at such times as may be specified in the notice, the person in attendance is not charged with the duty of operating more than one set of apparatus.

(4) Subject to any prescribed exceptions, no person appointed under this section shall be employed at a mine of coal or other stratified mineral for more than eight hours in any day on which his duties consist of, or include, the operation for the carriage of persons of mechanically or gravity operated winding apparatus at a shaft, and regulations may provide for limiting the number of hours for which any such person may be employed in any week.

44 Charge of winding and rope haulage apparatus when persons are not carried.

44.—(1) No mechanically or gravity operated winding apparatus at a shaft or staple-pit shall be operated on an occasion when no persons are carried by means thereof except by, or under the constant supervision of, a competent male person who is at least twenty-one years of age.

(2) No mechanically or gravity operated rope haulage apparatus at a mine shall be operated on any such occasion except by, or under the constant supervision of, a competent male person who is at least eighteen years of age.

(3) An inspector may by notice served on the manager of a mine exempt any apparatus from subsection (2).

45 Charge of conveyors at working faces.

45.—No conveyor shall be operated along a working face in a mine except by, or under the constant supervision of, a competent male person who is at least eighteen years of age.

46 Signalling shafts and outlets.

46.—(1) Where winding or rope haulage apparatus is installed in a mine shaft or unwalkable outlet, effective means of transmitting audible and visible signals from each entrance for the time being in use to the place where the apparatus is operated shall be provided and maintained in every case where the distance between the highest and lowest entrances for the time being in use in the shaft, or between the terminal surface and underground entrances to the outlet, exceeds fifty feet.

(2) Regulations may require means of transmitting signals between the entrances themselves to be provided and maintained.

(3) Regulations may require—

(a) the prescribed signals to be transmitted in a prescribed code;

(b) the manager of a mine to secure the attendance of persons, at prescribed times, for the purpose of transmitting and receiving signals.

(4) For the purposes of this section—

(a) so much of any superstructure at the top of a shaft as forms an extension thereof shall be deemed to form part of the shaft, and so much of a line of rails running through an outlet as lies between the point at which the outlet reaches the surface and the surface terminus of the line shall be deemed to form part of the outlet;

(b) “entrance”, in relation to an outlet, includes any place at which vehicles stop for the purpose of loading or unloading; and

(c) “terminal surface” and “underground entrances”, in relation to an outlet, mean, respectively, the surface entrance thereto or, if there is more than one, that one for the time being in use which is furthest from the point at which the outlet reaches the surface and the underground entrance thereto for the time being in use which is furthest from that point.

47 Signalling in roads.

47.—Where rope haulage apparatus or a conveyor is installed in a road in a mine or is so installed as to permit of its operation in a road, then, if the length of road through which vehicles can move as part of that apparatus, or through which loads can be carried by means of that conveyor, exceeds ninety feet, there shall be provided and maintained effective means of transmitting signals from every point throughout that length of road, to the place at which the apparatus or conveyor is operated.

48 Power to exclude or modify five preceding sections in case of remotely controlled or automatic apparatus.

48.—Regulations may provide for excluding or modifying all or any of the provisions of sections 43 to 47 in the case of winding or rope haulage apparatus, or conveyors, installed at mines, whose operation is remotely controlled or wholly or partly automatic.

Support

49 Duty to secure safety of roads and working places.

49.—(1) It shall be the duty of the manager of every mine to take such steps by way of controlling movement of the strata in the mine and supporting the roof and sides of every road or working place as may be necessary for keeping the road or working place secure.

(2) It shall be the duty of the manager of every mine to secure that he has at all material times all information relevant for determining the steps necessary to discharge efficiently the duty imposed on him by subsection (1).

50 Systematic support in mines of coal and other stratified minerals.

50.—(1) Subject to this section, in every mine of coal or other stratified mineral there shall be provided and maintained systematic support for the roof and sides of—

(a) every place where any mineral is worked;

(b) every roadhead;

(c) every junction of two or more lengths of road through any one of which vehicles or a conveyor run or runs; and

(d) every length of road in which persons work otherwise than occasionally or for short periods.

(2) (a) If an inspector is of opinion that systematic support for the roof and sides (or either of them) of any other length of road in any such mine ought to be provided and maintained, he may serve on the manager a notice specifying the length of road, stating his opinion and requiring the provision, before the expiration of a specified period, and maintenance of such systematic support.

(b) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under this subsection.

(3) Regulations may require or empower inspectors to require systematic support for roofs or sides, or both, to be provided and maintained in mines of a class to which this section relates in such cases (not being cases falling within subsection (1)) and to such extent as may be prescribed.

(4) Regulations may provide for exempting from this section any prescribed class of mine or any prescribed class of place where mineral is worked, or of roadheads, junctions or roads, and an inspector may, by notice served on the manager of a particular mine, exempt from this section that mine or any such place, roadhead, junction or road therein.

(5) Such systematic support as is required under this section shall comply with a system specified in support rules being a system consistent with the proper control of movement of the strata in the mine.

(6) Nothing in this section shall be construed as preventing a workman from setting in his working place any additional support which he considers necessary to secure the safety of himself or another.

51 Power to require systematic support in other mines.

51.—(1) Regulations may require, or empower inspectors to require, systematic support for roofs or sides, or both, in mines other than of coal or other stratified mineral to be provided and maintained in such cases and to such extent as may be prescribed.

(2) Such support shall comply with a system specified in support rules, being a system consistent with the proper control of movement of the strata in the mine.

52 Supply of materials for support.

52.—(1) Subject to any prescribed exceptions, all materials for support shall be provided by the owner of the mine.

(2) No charge shall be levied upon any workman in respect of the provision of materials for support.

(3) It shall be the duty of the manager of every mine to secure that a sufficient supply of suitable materials for support is at all times readily available, for use at the place where he is actually working, to each workman who needs them.

(4) Where such a supply is not so available, the workman shall withdraw to a place of safety and forthwith report to an official of the mine that he has done so.

(5) Where it appears to the person for the time being in charge of a part of a mine that such supply is not so available to a workman employed there, that person shall cause the workman to withdraw to a place of safety.

(6) Where, on any occasion, a workman has, in pursuance of either of the foregoing subsections, withdrawn from the place where he was actually working, the person for the time being in charge of that part of the mine shall not permit the workman to return to it until that person is satisfied that such a supply of materials will be so available.

53 Withdrawal of support.

53.—(1) No person shall withdraw support from the roof or sides of any place in a mine otherwise than by a method or device by which he does so from a position of safety.

(2) Where it is part of the system of work to withdraw from the waste or from under the roof adjoining the waste support provided in compliance with this Act, no person shall withdraw such support except in accordance with a system specified in support rules.

54 Duties of deputies in relation to support.

54.—It shall be the duty of every deputy to ensure to the best of his ability that all support rules are executed and enforced and that any additional supports which appear to him to be necessary are duly set.

55 Provisions as to support rules.

55.—(1) Support rules for a mine shall be made by the manager of the mine.

(2) Support rules shall comply with such requirements as may be prescribed, and may impose upon persons employed at the mine such duties and prohibitions as the manager of the mine thinks proper to secure compliance with the provisions of this Part relating to support.

(3) (a) If an inspector is of opinion that support rules require modification in any particular, he may serve on the manager of the mine a notice specifying the modification that, in his opinion, ought to be made, and requiring the manager, within a specified time, to modify the rules in accordance with the tenor of the notice.

(b) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under this subsection.

(4) A support rule which is inconsistent with the provisions of any regulation shall, to the extent of the inconsistency, be of no effect.

(5) A copy of all support rules shall be kept at the office at the mine or at such other place as may be approved by an inspector. A copy of such rules as are applicable to a district delimited under paragraph (d) of subsection (1) of section 17 shall be supplied by the manager to the deputy in charge of the district and shall be kept posted at the entrance to the district so as to be easily seen and read by the persons employed in the district.

(6) It shall be the duty of the manager of every mine for which support rules are for the time being in force to supply to every person employed at the mine whose duties consist of, or include, the setting of supports in accordance with a system specified in the rules, a document explaining either verbally or diagrammatically, or partly in the one way and partly in the other, the effect of the rules so far as they concern him.

(7) A document purporting to be certified by the manager of a mine to be a true copy of any support rules shall be prima facie evidence of the rules.

Ventilation

56 Duty to provide adequate ventilation.

56.—(1) It shall be the duty of the manager of every mine to take such steps as are necessary for securing that there is constantly produced in all parts of the mine below ground ventilation adequate for the following purposes, namely,—

(a) diluting gases that are inflammable or noxious so as to render them harmless and removing them; and

(b) providing air containing a sufficiency of oxygen.

(2) Without prejudice to the general application of subsection (1)—

(a) ventilation produced in a part of a mine shall be deemed for the purposes of that subsection not to be adequate for the purpose of diluting carbon dioxide so as to render it harmless unless the amount thereof in the general body of the air in that part of the mine is not more than one and a quarter per cent by volume or such smaller percentage as may be prescribed;

(b) ventilation produced in a part of a mine shall be deemed for the purposes of that subsection not to be adequate for the purpose of providing air containing a sufficiency of oxygen unless the amount of oxygen in the general body of the air in that part of the mine is not less than nineteen per cent by volume.

(3) Regulations may provide that, without prejudice to the general application of subsection (1), ventilation produced in a part of a mine shall be deemed for the purposes of that subsection not to be adequate for the purpose of diluting a prescribed gas (other than carbon dioxide) that is inflammable or noxious so as to render it harmless unless the amount thereof in the general body of the air in that part of the mine is less than the prescribed percentage by volume.

(4) In the discharge of the duty imposed on him by subsection (1), the manager of a mine shall have regard to the desirability of securing (consistently with the discharge of that duty) the maintenance in the mine of working conditions that are reasonable so far as regards the temperature and humidity of the atmosphere and the amount of dust therein.

(5) Nothing in subsection (1) shall be construed as requiring the production of ventilation—

(a) in a part of a mine which is stopped off in a prescribed manner or in such other manner as may be approved by an inspector by notice served on the manager of the mine or is stowed up;

(b) in any waste; or

(c) in any such other part of a mine as may be prescribed.

(6) Where, in any part of a mine required by the foregoing provisions of this section to be ventilated, the ventilation is interrupted or ceases to be adequate for the purposes mentioned in subsection (1), it shall be the duty of the manager of the mine to secure that, until the ventilation is restored, access to that part of the mine is so restricted as to prevent from entering it any person not authorised to do so and that no person is permitted to remain in or pass through it except for the purpose of restoring the ventilation or in a case of emergency.

57 Avoidance of danger from gas in waste.

57.—(1) This section applies to waste other than—

(a) waste which is—

(i) stopped off in a prescribed manner or in such other manner as may be approved by an inspector by notice served on the manager of the mine in which it is contained, or

(ii) stowed up; or

(b) other waste known to contain—

(i) no inflammable gas, and

(ii) either no noxious gas or no noxious gas in a dangerous concentration.

(2) It shall be the duty of the manager of every mine which contains any waste to which this section applies to secure either—

(a) that there is constantly produced in that waste ventilation adequate, in accordance with section 56, for the purposes mentioned in subsection (1) of that section; or

(b) that appropriate steps are taken for the purpose of minimising dangerous emissions from that waste of inflammable or noxious gas.

58 Power of inspector to require improvement of ventilation.

58.—(1) If an inspector is of opinion that, in the interests of the safety or health of the persons employed, it is necessary or expedient to improve the ventilation produced in any part of a mine that is, by section 56 required to be ventilated, he may serve on the manager of the mine a notice requiring (according as may be specified in the notice) either—

(a) that ventilation which, after the expiration of a specified period is produced in that part of the mine in pursuance of the said section, must conform to specified requirements, or

(b) that such works for the purpose of improving the ventilation in that part of the mine as may be specified in the notice shall be executed before the expiration of that period.

(2) The provisions of section 146 with respect to references upon notices served by inspectors shall apply to a notice served under this section.

59 Provisions as to means of ventilation.

59.—(1) Unless, in all parts of a mine that are required by section 56 to be ventilated, ventilation adequate for the purposes specified in subsection (1) of that section is provided wholly by natural means, there shall be provided and maintained on the surface of the mine mechanically operated apparatus capable of producing in all those parts of the mine an amount of ventilation sufficient (apart from any ventilation produced by any mechanically operated apparatus below ground) to enable all the persons who are below ground in the mine at any one time to leave it safely; and any apparatus so provided shall, if it is not normally used to produce ventilation, be used once at least in each week and be kept constantly available for use.

(2) Where (whether in pursuance of subsection (1) or not) there is provided on the surface of a mine of coal mechanically operated apparatus for producing ventilation below ground in the mine, then, unless that apparatus is so designed or adapted, and is so installed, as to permit of its operation both by way of forcing air into, and by way of exhausting air from, the mine, there shall be provided in association with that apparatus, maintained and kept constantly available for use, adequate means for reversing the direction of flow of the ventilation produced by that apparatus.

(3) (a) Regulations may—

(i) exempt any prescribed class of mines from the provisions of subsection (1);

(ii) exempt any prescribed class of mines of coal from the provisions of subsection (2);

and an inspector may, by notice served on the manager of a particular mine other than of coal, exempt the mine from subsection (1) and may, by notice served on the manager of a particular mine of coal, exempt the mine from either or both of those subsections.

(b) No exemption shall be granted unless the Minister is satisfied that no persons employed in mines of the class to which the regulations apply will be exposed to undue risk in consequence of the granting of the exemption, and no exemption shall be granted by an inspector in the case of a particular mine unless he is satisfied that no persons employed in that mine will be exposed to undue risk in consequence of the granting of the exemption.

(4) It shall not be lawful to use a fire for ventilation in a mine or, except with the consent of an inspector, given by notice served on the manager of the mine, to release in a mine compressed air for the purpose thereby of diluting or removing inflammable or noxious gas.

60 Prevention of leakage of air between airways.

60.—(1) Where, of any two lengths of different passages in a mine of coal or other stratified mineral, one at least is made after the commencement of this section, then, unless there is (without any steps being taken for the purpose of minimising the leakage of air between them) no, or no appreciable, leakage of air between them, it shall not be lawful to use one as, or as part of, an intake airway and the other as, or as part of, a return airway unless such steps are taken as are necessary for the purpose of minimising the leakage of air between them.

(2) Nothing in this section shall render unlawful the use as, or as part of, an airway of so much of any passage in a mine as lies within the relevant distance from a working face to which air is supplied or from which air is drawn off through that airway.

(3) In this section—

(a) “relevant distance” means, in relation to a working face in a mine, four hundred and fifty feet (measured from any point on that face in a straight line on any plane) or such other distance, so measured (whether greater or less than four hundred and fifty feet), as may, in any particular case, be determined by an inspector by notice served on the manager of the mine; and

(b) “working face” does not include a place in a road at which ripping or work of repair is in progress.

61 Provision of barometers and other measuring instruments.

61.—An inspector may by notice served on the manager require him to provide and maintain at the mine any instrument being a barometer, thermometer or hygrometer and may direct that the instrument shall be of a specified kind and be provided at a specified place, and that readings shall be taken and recorded at specified times.

Lighting, Lamps and Contraband

62 Lighting.

62.—(1) It shall be the duty of the manager of every mine—

(a) to secure the provision of—

(i) suitable and sufficient lighting (whether natural or artificial) in every part of the mine above ground in or through which persons work or pass, having regard to the light emitted by lamps normally carried by persons who work in or pass through it;

(ii) suitable and sufficient artificial lighting in every part of the mine below ground in or through which persons work or pass, other than a part in which the installation of artificial lighting is inadvisable for reasons of safety or is unnecessary because of the amount of light emitted by lamps normally carried by persons who work in or pass through it or for any other reason;

(b) to secure that all lighting apparatus is properly maintained.

(2) Regulations may require the provision and maintenance of additional lights at prescribed places at a mine.

63 Permitted lights.

63.—(1) Subject to this section, no lamps or lights other than permitted lights shall be allowed or used below ground at a mine after—

(a) the occurrence in any part of the mine below ground of an ignition or explosion of gas naturally present in the mine (whether or not causing death or bodily injury), or

(b) the introduction of the use, in any part of the mine below ground, of locked safety-lamps otherwise than by way of temporary precaution, or

(c) the expiration of four weeks from the day next following that on which a notice, served on the manager by an inspector, stating that he is of opinion that no lamps or lights other than permitted lights ought to be used below ground in the mine, has become operative.

(2) A notice under paragraph (c) of subsection (1) shall not be served except where inflammable gas is known to have been naturally present in the mine at some time during the period of five years ending with the date on which service is effected; and the provisions of section 146 as to references upon notices served by inspectors shall apply to any such notice.

(3) If an inspector is satisfied that, by reason of the special character of a mine or part of it, compliance with the foregoing provisions is unnecessary, he may, by notice served on the manager of the mine, exempt the mine or part from those provisions.

64 Lighting and contraband regulations.

64.—(1) Regulations may provide for—

(a) the construction, provision, maintenance, issue, use and any other matter with respect to safety lamps, lighting apparatus and detection apparatus for use in a mine for the purposes of the foregoing sections;

(b) the prohibition of taking into prescribed mines or parts of mines of articles capable of producing flame or sparks;

(c) the prohibition of taking into prescribed mines or parts of mines of smoking materials;

(d) the manner of search of persons and articles for such prohibited articles and materials;

(e) the posting of notices warning persons of their liability under this section.

(2) No person shall be searched except in the presence of a third person and no person shall search another unless he has given on that occasion an opportunity to some two other persons to search himself and, if searched by them, has not been found to have in his possession any prohibited article or material.

(3) Any prohibited article or material found upon a search under this section may be seized by the person making the search and dealt with in such manner as may be directed by the manager of the mine.

(4) A person found upon a search under this section to have in his possession a prohibited article or material shall be guilty of an offence.

(5) A person who refuses to allow himself or an article which he has with him to be searched under this section shall be guilty of an offence and, if the refusal occurs before he goes below ground he shall not be allowed to go below ground on that occasion and, if it occurs when he is in a mine, he shall not be allowed to remain in it on that occasion.

Electricity and Electrical Apparatus

65 Electricity and electrical apparatus.

65.—(1) Regulations may provide for—

(a) the generation, storage, transformation, transmission and use of electricity at mines;

(b) the use, construction, installation, examination, repair, maintenance, alteration, adjustment and testing of electrical apparatus and electric cables at mines;

(c) requiring that, where the amount of inflammable gas in the general body of the air in a part of a mine below ground exceeds a prescribed percentage (not being more than one and a quarter) by volume, the supply of electricity to all apparatus, other than prescribed apparatus, shall be cut off;

(d) requiring the cutting off, in such other circumstances as may be prescribed, of the supply of electricity to apparatus below ground in a mine.

(2) If an inspector is of opinion that the use of electricity below ground in a mine or in any part of it below ground would or might involve substantial risk of an explosion of gas or dust, he may serve on the manager of the mine a notice prohibiting, or restricting to a specified extent, the use of electricity below ground in that mine or part.

(3) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under this section; and any such notice shall, if it is so specified therein, become operative forthwith.

Blasting Materials and Devices

66 Blasting materials and devices.

66.—(1) Regulations may provide for prohibiting or restricting the supply, storage or use at mines, of blasting materials and devices or any class thereof and, in particular, for prohibiting or restricting the use of such materials and devices or any class thereof in a part of a mine below ground at any time at which the amount of inflammable gas in the general body of the air in that part exceeds the prescribed percentage by volume and in such other circumstances as may be prescribed.

(2) No blasting material or device shall be taken or used below ground in a mine other than material or a device provided by the owner of the mine.

(3) In this section “blasting materials and devices” means explosives and any articles designed for the purpose of breaking up or loosening minerals by means of explosion, the expansion of gas, the change of a substance from one physical state to another or a chemical reaction not constituting combustion.

Fire Precautions

67 Use of brattice sheeting and conveyor belting.

67.—(1) It shall not be lawful to use below ground in a mine of any prescribed class brattice sheeting other than of a type for the time being approved by the Minister.

(2) It shall not be lawful to use below ground in a mine, or prescribed part thereof, of any prescribed class, conveyor belting other than of a type approved by the Minister.

68 Fire-fighting and rescue operations.

68.—Regulations may require the making of such provision as may be prescribed for—

(a) the prevention, detection and combating of outbreaks of fire at, and spontaneous heating occurring in, mines and the securing of the efficient conduct (as well in an atmosphere dangerous to life as in an atmosphere not dangerous to life) of such operations for the rescue of persons as it may be necessary to conduct at mines in consequence of the occurrence thereat of outbreaks of fire, explosions or other accidents of whatsoever kind;

(b) the storage and use of inflammable material below ground;

(c) adequate means of extinguishing fire;

(d) the efficient training of the members of any organisation of persons maintained in pursuance of the regulations.

69 Means of escape from rooms in which there is special risk of fire or gas.

69.—A person shall not be employed at a mine in a room, chamber, or similar confined space in which, owing to the nature of any machinery or apparatus installed therein or of any materials stored therein, there is a risk of the outbreak of a dangerous fire or the escape of steam in substantial quantity or of noxious gas in a dangerous concentration, unless either such steps are taken (whether by the provision of two or more exits or otherwise) as are necessary for the purpose of minimising the risk of his being trapped therein in any such event or the circumstances in which he is employed are themselves such as to minimise the risk of his being so trapped.

Dust Precautions

70 Dust precautions.

70.—(1) It shall be the duty of the manager of every mine to ensure that, in connection with the getting, dressing and transporting of minerals below ground in the mine, the giving off of—

(a) any dust that is inflammable, and

(b) dust of such character and in such quantity as to be likely to be injurious to the persons employed,

is minimised.

(2) Where, in connection with the carrying on of any operations or process below ground in a mine or in a building on the surface of a mine, there is given off any dust that is inflammable or dust of such character and in such quantity as to be likely to be injurious to the persons employed, it shall be the duty of the manager of the mine to ensure—

(a) that the entry of the dust into the air or its accumulation in any place in circumstances in which its accumulation in that place might be dangerous or harmful is minimised by means of steps in that behalf taken as near as possible to the point of origin of the dust,

(b) that any of the dust which enters the air is trapped or so dispersed as to render it harmless, and

(c) that any of the dust which is not prevented from accumulating in a place in circumstances in which its accumulation might be dangerous or harmful is either systematically cleaned up and removed to a place where it cannot be dangerous or harmful or treated in manner approved by the Minister for the purpose of rendering it harmless.

(3) Regulations may impose upon managers of mines such requirements with respect to the use of prescribed apparatus and the taking of prescribed steps for the purpose of attaining any of the objects mentioned in this section; and the regulations may provide either that compliance therewith by the manager of a mine is to be taken, either without qualification or to a prescribed extent, as compliance with all or any of the requirements of this section or that compliance with the regulations by the manager of a mine is not necessarily to be taken as compliance therewith.

Precautions against External Dangers to Workings.

71 Duty of mine owners and managers to seek evidence of proximity of disused workings, water-bearing strata, etc.

71.—(1) It shall be the duty both of the owner and of the manager of every mine—

(a) to take such steps as may be necessary to secure that he is at all material times in possession of all information which indicates or tends to indicate the presence or absence, in the vicinity of any workings carried on or proposed to be carried on in the mine, of

(i) any disused workings (whether mine workings or not);

(ii) any rock or stratum containing or likely to contain water (whether dispersed or in natural cavities);

(iii) any peat, moss, sand, gravel, silt or other material that is likely to flow when wet, and

(b) to take such steps as may be necessary to verify any such information.

(2) It shall be the duty both of the owner and of the manager—

(a) forthwith after any such information comes into his possession to furnish such information to the other, and

(b) forthwith after taking any steps to verify the information, to furnish to the other particulars of the steps taken and of any conclusion reached as a result of taking them.

72 Duty of mine owners and managers to ascertain thickness of strata between workings and surface water.

72.—(1) It shall be the duty both of the owner and of the manager of every mine to take, with respect to any workings carried on or proposed to be carried on in the mine in the vicinity of the sea, a lake or river or any other body of surface water (whether accumulated naturally or artificially) such steps as may be necessary for ascertaining the total thickness of the strata lying between the workings and the surface water.

(2) It shall be the duty both of the owner and the manager, forthwith after obtaining any information in complying with subsection (1), to furnish to the other particulars of the information obtained.

73 General duty to take precautions against inrushes of gas, water, etc.

73.—It shall be the duty of the manager of every mine to take, with respect to every working in the mine, such steps as may be necessary to prevent any inrush into the working of gas from disused workings (whether mine workings or not) or of water or material that flows when wet (whether from disused workings or from any other source).

74 Powers of inspectors with respect to danger from inrushes of gas, water, etc.

74.—(1) Where an inspector is of opinion that there is avoidable danger of the occurrence of such an inrush into a working as is mentioned in section 73 and either no steps for averting the danger have been taken or steps taken for that purpose appear to the inspector to be inadequate or improper, he may serve on the manager of the mine a notice stating his opinion and that, as the case may be, no steps for averting the danger have been taken or steps so taken appear to him to be inadequate or improper, and imposing all or any of the following requirements—

(a) a requirement that the manager shall, before the expiration of a specified period, execute specified works for the purpose of averting the danger;

(b) a requirement that, until such works have been executed, no person shall (save for the purpose of executing the works of saving life) be permitted by the manager to be in the mine or in a specified part thereof;

(c) a requirement that operations for getting minerals in the working shall, to a specified extent, be discontinued until such works have been executed, or shall not be continued otherwise than in accordance with a specified system of working.

(2) Where an inspector is of opinion that there is unavoidable danger of the occurrence of such an inrush into a working as is mentioned in section 73, he may serve on the manager of a mine a notice stating his opinion and requiring that operations for getting minerals in the working be permanently discontinued and, if the inspector thinks fit, imposing, in addition, either or both of the following requirements—

(a) a requirement that the manager shall, before the expiration of a specified period, execute specified works for the purpose of protecting the rest of the mine,

(b) a requirement that, until such works have been executed, no person shall (save for the purpose of executing the works or saving life) be permitted by the manager to be in the mine or in a specified part thereof.

(3) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under this section; and any such notice shall, if it is so specified therein, become operative forthwith.

Duties of Officials and Workmen in Cases of Danger

75 Withdrawal of workmen in case of danger.

75.—(1) If at any time it is found by the person for the time being in charge of the mine, or any part thereof, that, by reason of the prevalence of inflammable or noxious gases, or of any cause whatever, the mine or any place in the mine is dangerous, every workman shall be withdrawn from the mine or place found dangerous, and a deputy, or other competent person authorised by the manager for the purpose, shall inspect the mine or place found dangerous, and, if the danger arises from inflammable gas, shall inspect the mine or place with a locked safety lamp, and in every case shall make a full and accurate report of the condition of the mine or place.

(2) A workman shall not, except in so far as is necessary for inquiring into the cause of danger or for the removal thereof, or for exploration, be re-admitted into the mine or place found dangerous, until it is reported not to be dangerous.

(3) For the purposes of this section a place shall be deemed to be dangerous if the amount of inflammable gas present in the general body of air at that place is not less by volume than the following percentage—

(a) in the case of a mine, or a part of any mine, in which the use of lamps or lights other than permitted lights is unlawful—two per cent. or such greater percentage (not exceeding two and a half) as may be prescribed;

(b) in the case of any other place—one and a quarter per cent. or such smaller percentage as may be prescribed,

or if, at a place to which paragraph (b) applies, an indication of gas is seen on the lowered flame of a safety lamp.

(4) Every report under this section shall be recorded in a separate book which shall be kept at the mine for the purpose, and shall be signed by the person who made the inspection.

(5) If a workman discovers the presence of inflammable gas in his working place, he shall immediately withdraw therefrom and inform the manager or deputy.

Machinery and Apparatus

76 Construction, maintenance, etc. of machinery and apparatus.

76.—(1) All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of all machinery and apparatus used as, or forming, part of the equipment of a mine, and all foundations in or to which any such appliances are anchored or fixed shall be of good construction, suitable material, adequate strength and free from patent defect, and shall be properly maintained.

(2) Regulations may provide—

(a) for imposing additional requirements as to the construction, installation, maintenance, use, testing, repair, adjustment, alteration and examination of such machinery or apparatus, and

(b) for prohibiting the installation at mines of machinery or apparatus constructed in contravention of the regulations.

77 Fencing of exposed parts of machinery.

77.—(1) Subject to this section, every fly-wheel and every other dangerous exposed part of any machinery used as, or forming, part of the equipment of a mine shall be securely fenced.

(2) Regulations may require the fencing to be provided by prescribed means.

(3) It shall be the duty of the manager of every mine to ensure that fencing provided in pursuance of this section is properly maintained and is kept in position while the parts required to be fenced are in motion or in use, except where such parts are exposed for an examination or adjustment which it is necessary to carry out while they are in motion or use and all such conditions as may be prescribed are complied with.

78 Engines below ground.

78.—No internal combustion engine, steam boiler or locomotive shall be used below ground in a mine except as may be prescribed or with the consent of the Minister or an inspector.

79 Air, gas and steam containers.

79.—(1) All apparatus used as, or forming, part of the equipment of a mine, being apparatus which contains or produces air, gas or steam at a pressure greater than atmospheric pressure shall be so constructed, installed, maintained and used as to obviate any risk from fire, bursting, explosion or collapse or the production of noxious gases.

(2) Regulations may prohibit the installation at mines of any such apparatus at prescribed places and may require reports to be made of the results of examinations thereof made in pursuance of regulations under section 76.

(3) The Minister may at any time require any such apparatus at a mine to be examined by a person nominated by him and the manager of the mine shall give the necessary facilities for the examination; and if, as a result of the examination, it appears that any report was inadequate or inaccurate in a material particular, the cost of the examination under this subsection shall be recoverable by the Minister from the owner of the mine.

80 Loading of cranes, etc.

80.—(1) There shall be plainly marked on every crane, crab and winch used as, or forming, part of the equipment of a mine the safe working load or loads thereof, except that, in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.

(2) No person shall, except for the purpose of a test, load any such crane, crab or winch beyond the safe working load so marked or indicated.

(3) This section shall not apply to winding apparatus with which a mine shaft or staple-pit is provided or to any rope haulage apparatus, and regulations may provide that this section shall not apply to any other apparatus of a prescribed class.

81 Storage bins and hoppers.

81.—No person shall, at any time, enter or be allowed to enter any storage bin or hopper from which material is drawn off at the bottom while material is stored therein, unless a second person is in constant attendance and suitable precautions are taken against the danger of caving material. The owner or manager shall, when necessary, provide life lines for persons employed and it shall be the duty of such persons to continually wear such life lines when, by so doing, the interests of safety are advanced.

Buildings, Structures, Means of Access, etc.

82 Buildings and structures to be kept safe.

82.—All buildings and structures on the surface of a mine shall be kept in safe condition.

83 Safe means of access and safe means of employment.

83.—(1) There shall be provided and maintained safe means of access to every place in or on a building or structure on the surface of a mine, being a place at which any person has at any time to work.

(2) Where a person is to work at any such place from which he will be liable to fall a distance of more than ten feet, then, unless the place is one which affords secure foothold and, where necessary, secure hand-hold, means shall be provided by fencing or otherwise for ensuring his safety.

Training and Discipline

84 Restriction on doing of work by unskilled persons.