Mines and Quarries Act , 1965

84.—It shall be the duty of the manager of every mine to secure that no person is employed thereat in any work otherwise than under the instruction and supervision of some person competent to give instruction in, and supervise, the doing of that work, unless the person so employed has received adequate instruction, and, where necessary, training in that work and is competent to do it without supervision.

First Aid

85 First aid.

85.—(1) It shall be the duty of the manager of every mine to secure the provision thereat of adequate facilities and equipment for the purpose of rendering first-aid to persons employed at the mine, who, while so employed, suffer bodily injury or become ill.

(2) Regulations, for the purposes of this section, may—

(a) determine for mines of any class what are adequate facilities and equipment,

(b) require the attendance at mines during working hours of persons trained in first-aid treatment and the making and carrying out at mines—

(i) as respects persons who, while employed below ground thereat, suffer bodily injury or become ill, of prescribed arrangements for their conveyance from the place where they were injured or became ill to the surface, and

(ii) as respects persons who, while employed thereat (whether above or below ground), suffer bodily injury or become ill, of prescribed arrangements for their conveyance, where necessary, to hospitals or their homes.

Excessive Weights

86 Lifting excessive weights.

86.—(1) A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him.

(2) The Minister may, after consultation with the Minister for Health, make regulations prescribing the maximum weights which may be lifted, carried or moved by persons employed in mines, and any such regulations may prescribe different weights in different circumstances and may relate either to persons generally or to any class of persons or to persons employed in any class or description of mine or in any process.

General Welfare Provisions

87 Sanitary conveniences.

87.—(1) It shall be the duty of the manager of every mine to secure the provision thereat (as well below as above ground) of sufficient and suitable sanitary conveniences for the use of persons employed thereat.

(2) Where persons of both sexes are, or are intended to be, employed, the conveniences shall afford separate accommodation for persons of each sex.

(3) All sanitary conveniences so provided shall be kept clean and properly maintained and reasonable provision shall be made for lighting them.

88 Measures against vermin and insects.

88.—(1) It shall be the duty of the owner of every mine to take such steps as are necessary to secure that all parts of the mine below ground are kept free from rats and mice, and regulations may require owners of mines to take steps for the destruction below ground of insects or any prescribed class of insects or otherwise for keeping parts of mines below ground free from insects or any prescribed class of insects.

(2) Nothing in this section shall be construed as excluding the application to parts of the mines below ground of the Rats and Mice (Destruction) Act, 1919.

89 Drinking water.

89.—It shall be the duty of the manager of every mine to provide and maintain, for the use of persons employed thereat, an adequate supply of drinking water at suitable points conveniently accessible to all such persons.

90 Welfare regulations.

90.—Regulations may require the provision and maintenance, for the use of persons employed at mines, of—

(a) washing facilities, including soap and clean towels or other suitable means of cleaning and drying,

(b) accommodation and facilities for changing into clothing worn during working hours and for storing and drying clothing so worn and clothing not so worn, and

(c) canteens, or accommodation and facilities (including facilities for heating food and boiling water) for enabling such persons to partake of meals provided by themselves.

PART IV. Safety, Health and Welfare (Quarries).

91 Provisions for securing safe methods of working.

91.—(1) It shall be the duty of the manager of every quarry to secure that quarrying operations are so carried on as to avoid danger from falls whether within or outside the quarry and whether of the minerals worked or any other substance.

(2) The manager shall secure that no part of the face or sides of the quarry or any gallery thereon shall be so worked as to cause any overhanging.

(3) If an inspector is satisfied, having regard to the system of working and the natural condition of the minerals, that the requirement imposed by subsection (2) is unnecessary for safety, he may, by notice served on the owner, exempt the quarry or a specified part thereof from that requirement.

92 Safe means of access to working places.

92.—There shall be provided and maintained safe means of access to every place at a quarry at which any person has at any time to work.

93 Safety measures relating to vehicles running on rails.

93.—(1) So long as vehicles running on rails are used at a quarry, there shall be provided, maintained and used, either at the quarry or on the vehicles or both at the quarry and on the vehicles, such safety devices as are necessary to prevent the occurrence of accidents to persons by any such 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 any such vehicle running away, any person who, otherwise than as a matter of routine, is at work at a place in a quarry through which any such vehicle runs.

94 Lighting.

94.—It shall be the duty of the owner of every quarry—

(a) to secure the provision, in each part of the quarry in which persons work at a time when natural light is insufficient to enable them to work in safety and in each part of the quarry through which persons pass at a time when natural light is insufficient to enable them to pass in safety, of suitable and sufficient artificial lighting, and

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

95 Dust precautions.

95.—(1) Where, in connection with the carrying on of a process at a quarry, elsewhere than in a building, there is given off 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 to ensure that such steps are taken as are necessary to protect those persons against inhalation of the dust.

(2) Where, in connection with the carrying on of any operations or process in a building at a quarry, there is given off 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 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 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 in that place might be harmful is either systematically cleaned up and removed to a place where it cannot be harmful or treated in manner approved by the Minister for the purpose of rendering it harmless.

(3) Regulations may impose upon managers of quarries 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 quarry 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 quarry is not necessarily to be taken as compliance with any of the said requirements.

96 Miscellaneous provisions for securing safety of persons employed.

96.—(1) Regulations may provide, in relation to quarries, for—

(a) the generation, storage, transformation, transmission and use of electricity and the use, construction, installation, examination, repair, maintenance, alteration, adjustment and testing of electrical apparatus and electric cables;

(b) the supply, storage and use of blasting materials and devices;

(c) the provision and maintenance of apparatus for the purpose of preventing and combating outbreaks of fire.

(2) In this section “blasting materials and devices” has the same meaning as in section 66.

97 Application to quarries of certain sections of Part III.

97.—The sections of Part III mentioned in the Table shall apply to quarries with the substitution, for references to mines, of references to quarries and with the modifications indicated in the third column of the Table.

TABLE

Section	Subject-matter	Modifications
69	Means of escape from rooms in which there is a special risk of fire or gas.	—
76	Construction, maintenance, etc., of machinery and apparatus.	—
77	Fencing of exposed parts of machinery.	For “manager” substitute “owner.”
79	Air, gas and steam containers.	For “manager” substitute “owner.”
80	Loading of cranes, etc.	Omit the reference to winding apparatus in subsection (3).
81	Storage bins and hoppers.	—
82	Buildings and structures to be kept safe.	For “on the surface of” substitute “at.”
83	Safe means of access and safe means of employment.	For “on the surface of” substitute “at.”
84	Restriction on doing of work by unskilled persons.	For “manager” substitute “owner.”
85	First aid.	For “manager” substitute “owner.”
86	Lifting excessive weights.	—
90	Welfare regulations.	—

PART V Notification and Investigation of Accidents and Diseases

Notification

98 Notification of certain accidents.

98.—(1) Where an accident occurs at a mine or quarry, causing the death of, or serious bodily injury to, a person employed, notice of the accident, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the responsible person to an inspector and to such person as may for the time being be nominated—

(a) in a case where there is an association or body representative of a majority of the persons employed, by that association or body,

(b) in any other case, jointly by associations or bodies which are together representative of such a majority,

to receive on behalf of the persons so employed notices under this subsection.

(2) Where an accident causing serious bodily injury is notified under this section, and after notification the injured person dies, notice of the death shall, as soon as it comes to the knowledge of the responsible person, be given by him to an inspector and to the person so nominated.

(3) Where an accident to which this section applies occurs to a person employed at a mine or quarry and the owner of the mine or quarry is not the actual employer of that person, the actual employer shall, if he fails to report the accident to the responsible person immediately, be guilty of an offence.

99 Power to extend to other dangerous occurrences provisions as to notification of accidents.

99.—(1) If the Minister is of opinion that any special class of occurrences at mines or quarries is of so dangerous a nature as to render it expedient that notice should be given under section 98 in every case, he may by order extend the provisions of that section to occurrences of that class, whether death or serious bodily injury is caused or not.

(2) In any proceedings taken under this Act in respect of a failure to give notice of an occurrence of any kind at a mine or quarry, being proceedings which could not be taken apart from an order under this section, it shall be a defence for the person charged to prove that he was not aware of the occurrence and that he had taken all reasonable steps for having occurrences of that kind brought to his notice.

100 Power to apply to diseases provisions as to notification of accidents.

100.—(1) The Minister may by order apply (subject to such exceptions, adaptations and modifications, if any, as may be specified in the order) the provisions of section 98 to the contraction, by a person employed at a mine or quarry, of any such disease as may be specified in the order.

(2) In any proceedings which, by virtue of an order under this section, are taken under this Act in respect of a failure to give notice of the contraction by a person employed at a mine or quarry of a disease, it shall be a defence for the person charged to prove that he was not aware that the first-mentioned person had contracted the disease.

101 Inquest in case of death by accident or other occurrence or disease.

101.—Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident, occurrence or disease of which notice is required by or under this Part to be given, the following provisions shall have effect:

(a) the coroner shall adjourn the inquest unless—

(i) an inspector or some other person appearing on behalf of the Minister is present to watch the proceedings, or

(ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Minister notice of the time and place of holding the inquest at such time as to reach the Minister not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

(b) if the coroner adjourns the inquest—

(i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(ii) he shall, at least four days before holding the adjourned inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquest;

(c) no person having a personal interest in or employed in or about or in the management of the mine or quarry in or about which the accident, occurrence or disease occurred or was contracted shall be qualified to serve on the jury;

(d) it shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (c) and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor:

(i) an inspector or any other person appearing on behalf of the Minister,

(ii) any relation or friend of the person in respect of whose death the inquest is being held,

(iii) the owner of the mine or quarry at which the accident, occurrence or disease occurred or was contracted,

(iv) any person appointed in writing by the majority of the persons employed at the mine or quarry,

(v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed at the mine or quarry belongs,

(vi) any person appointed in writing by any association of employers of which the owner is a member;

(f) where an inspector or a person on behalf of the Minister is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident, occurrence or disease, or of any defect in or about the mine or quarry appearing to the coroner or jury to require a remedy, the coroner shall send to the Minister notice in writing of the neglect or defect.

102 Site of accident or other dangerous occurrence to be left undisturbed.

102.—(1) Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Part to be given), no person shall disturb the place where it occurred or tamper with anything thereat before—

(a) the expiration of three clear days after notification of the accident or other occurrence in accordance with this Part, or

(b) that place has been both visited by an inspector and inspected in exercise of the powers in that behalf conferred by the provisions of this Act relating to workmen's inspections,

whichever first occurs.

(2) Nothing in this section shall prohibit the doing of anything by or with the consent of an inspector.

(3) In any proceedings taken in respect of a contravention of this section consisting of the doing of any act, it shall be a defence to prove that the doing of that act was necessary for securing the safety of the mine or quarry or persons thereat.

Investigations

103 Power of Minister to require special report on accident or other dangerous occurrence.

103.—Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Part to be given) the Minister may, at any time, direct an inspector to make a special report with respect thereto, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

104 Power to direct formal investigation of accidents, occurences and cases of disease.

104.—(1) The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident or other occurrence or case of disease contracted or suspected to have been contracted at a mine or quarry and of its causes and circumstances.

(2) The following provisions shall have effect in relation to an investigation under this section:

(a) the Minister may appoint a competent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation;

(b) the person or persons so appointed (hereinafter in this subsection referred to as the tribunal) shall hold the investigation in open court in such manner and under such conditions as the tribunal may think most effectual for ascertaining the causes and circumstances of the accident or occurrence or case of disease, and for enabling the tribunal to make its report;

(c) the tribunal shall have for the purposes of the investigation all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and, in addition, power—

(i) to enter and inspect any place or building the entry or inspection whereof appears to the tribunal requisite for the said purposes;

(ii) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

(iii) to require the production of all books, papers and documents which it considers important for the said purposes;

(iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;

(d) persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record, and in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request, signed by the tribunal, shall ascertain and certify the proper amount of the expenses;

(e) the tribunal shall make a report to the Minister stating the causes and circumstances of the accident, occurrence or case of disease, and adding any observations which the tribunal thinks right to make;

(f) the tribunal may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the accident, occurrence or case of disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses of the Minister in the administration of this Act;

(g) any person who without reasonable excuse (proof whereof shall lie on him) either fails, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the tribunal, or prevents or impedes the tribunal in the execution of its duty, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, in the case of a failure to comply with a requisition for making any return or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall be guilty of a further offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every day on which the failure was so continued;

(h) the Minister may cause the report of the tribunal to be made public at such time and in such manner as he thinks fit.

PART VI Workmen's Inspections

105 Periodical inspection on behalf of workmen.

105.—(1) The workmen employed at a mine or quarry may, at their own cost, appoint two persons who are or have been practical miners or quarriers as the case may be, for a period of not less than five years (one of whom at least is employed at the mine or quarry) to inspect the mine or quarry.

(2) The owner of the mine or quarry shall be under an obligation to permit such inspections to be carried out thereat by such duly appointed persons (in this section referred to as “workmen's inspectors”) as will enable every part thereof and the equipment thereof to be inspected once at least in every month.

(3) Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Act to be given) the two workmen's inspectors may together inspect the place where it occurred and, so far as necessary for the purpose of ascertaining its cause, any other part of the mine or quarry and any machinery, apparatus or other thing thereat and may take samples of the atmosphere at that place and of any dust or water thereat.

(4) On any occasion on which an inspection is carried out by the workmen's inspectors under subsection (2) or (3), they—

(a) shall be entitled to inspect any documents which by or under this Act are required to be kept at the office at the mine or quarry or at such other place as may be approved by an inspector;

(b) shall be entitled to be accompanied by advisers of theirs but shall not be entitled to preclude from accompanying them any of the following persons—

(i) in the case of an inspection at a mine, the owner and any person nominated by him, the manager and any person nominated by him;

(ii) in the case of an inspection at a quarry, the owner and any person nominated by him and the manager and any person nominated by him.

(5) On any occasion on which workmen's inspectors are, under subsection (2) or (3), carrying out an inspection at the mine or quarry, it shall be the duty of all persons employed thereat to afford to them such facilities and assistance with respect to matters or things to which the respective responsibilities of those persons extend as are necessary to carry out the inspection.

(6) Forthwith after workmen's inspectors have, on any occasion, completed an inspection under subsection (2) or (3), they shall make, in a book to be provided for that purpose by the owner of the mine or quarry, a full and accurate report of the matters ascertained as a result of the inspection and shall subscribe their signatures thereto.

(7) Forthwith after the report has been made, a true copy thereof shall be sent to the inspector and another such copy shall be posted in some conspicuous position at the mine or quarry and kept posted there for a period of twenty-four hours.

PART VII Fencing of Abandoned and Disused Mines

106 Fencing of abandoned and disused mines.

106.—It shall be the duty of the owner of every abandoned mine and of every mine which, notwithstanding that it has not been abandoned, has not been worked for a period of twelve months to secure that the surface entrance to every shaft or outlet thereof is provided with an efficient enclosure, barrier, plug or other device so designed and constructed as to prevent such surface entrance from being dangerous to any person.

PART VIII Conditions of Employment

Women and Young Persons

107 Prohibition of employment below ground in certain cases.

107.—(1) No female shall be employed below ground at a mine.

(2) Regulations may prohibit or restrict the employment of young persons, or young persons under a prescribed age, below ground at a mine.

108 Prohibition of employment of children.

108.—No child shall be employed at a mine.

109 Proof of age.

109.—A young person shall not be employed at a mine unless and until a birth certificate or other satisfactory evidence of his age has been produced to the manager of the mine.

110 Restrictions on employment of women and young persons.

110.—(1) A woman or young person shall not be employed at a mine except in accordance with this section.

(2) There shall be an interval of not less than twelve hours between periods of employment.

(3) A period of employment of a young person whose age is less than sixteen years shall not begin earlier than 6 o'clock in the morning nor end later than 10 o'clock in the evening.

(4) The interval between periods of employment for a woman and, subject to subsection (5), for a young person whose age is not less than sixteen years shall include a continuous period of seven hours falling between 10 o'clock in the evening and 7 o'clock in the morning.

(5) (a) The Minister may, by regulations, authorise the employment, during prescribed hours falling within the interval specified in subsection (4), of male young persons whose age is not less than sixteen years for the purpose of receiving instruction of such description as may be prescribed.

(b) In any such case the interval between periods of employment shall be such period, not being less than thirteen hours, as may be prescribed or, if no period is prescribed, fifteen hours.

(6) Subject to the provisions of this Act the Minister may by regulations make provision for the hours of employment and intervals for meals and rest of women and young persons employed above ground at a mine or at any class of mine.

111 Register of women and young persons employed.

111.—(1) It shall be the duty of the responsible person to keep at the office of a mine or quarry, or at some other place approved by an inspector, a register in such form as may be specified by the Minister and to enter in that register in such form and manner as may be so specified the name, date of birth, residence and date of first employment at the mine or quarry of all women and young persons employed thereat, indicating, in the case of male young persons employed at a mine, which of them are employed below ground.

(2) It shall, in the case of every mine or quarry, be the duty of the responsible person to produce on request any register kept by him in pursuance of this section to an inspector.

(3) Before a male young person is first employed below ground in a mine his employer (if not the owner of the mine) shall inform the manager or some other person appointed in that behalf by the manager, that the young person is to be so employed.

Employed Persons Generally

112 Medical examination.

112.—Regulations may require persons employed or seeking employment at mines or quarries to submit themselves for medical examination and may prohibit the employment at a mine or quarry, either absolutely or in a particular capacity or in particular work, of a person who fails to submit himself for such medical examination or is found to be physically or mentally unfit for such employment as a result thereof.

Limit of Hours Below Ground

113 Limit of hours of work below ground in mines.

113.—(1) For the purposes of the subsequent provisions of this Part, “workman” means any person employed in a mine below ground, who is not an official of the mine (other than a deputy), or a mechanic or electrician, or a person engaged solely in surveying or measuring; and any number of workmen whose hours for beginning and terminating work in the mine are approximately the same shall be deemed to be a shift of workmen.

(2) Subject to the provisions of this Part a workman shall not be below ground in a mine of coal, stratified ironstone, shale or fireclay for the purpose of his work, and of going to and from his work, for more than eight hours during any consecutive twenty-four hours.

(3) The manager of the mine shall fix for each shift of workmen in the mine the time at which the lowering of the men to the mine is to commence and to be completed, and the time at which the raising of the men from the mine is to commence and to be completed, in such a manner that every workman shall have the opportunity of returning to the surface without contravention of this section, and shall post and keep posted at the pit head a conspicuous notice of the time so fixed, and shall make all arrangements necessary for the observance of those times.

(4) The interval between the times fixed for the commencement and for the completion of the lowering and raising of each shift of workmen to and from the mine shall be such time as may for the time being be approved by an inspector as the time reasonably required for the purpose.

(5) In the event of any accident to the winding machinery, or other accident interfering with the lowering or raising of workmen, the interval may temporarily be extended to such extent as may be necessary; but in any such case the manager of the mine shall on the same day send notice of the extension and the cause thereof to an inspector, and the extension shall not continue beyond such date as may be allowed by the inspector.

(6) In the event of the manager feeling aggrieved by a decision of an inspector under subsection (4) the matter shall, in accordance with regulations as to procedure and costs made by the Minister, be referred to the decision of a person appointed by the judge of the Circuit Court for the circuit in which the mine is situate, whose decision shall be final; but until such decision is given the times approved by the inspector shall be in force as respects the mine.

(7) A repairing shift of workmen may, notwithstanding the provisions of this section, for the purpose of avoiding work on Sunday, commence their period of work on Saturday before twenty-four hours have elapsed since the commencement of their last period of work, so long as at least eight hours have elapsed since the termination thereof.

(8) (a) In the case of a deputy, onsetter or pump-minder, the maximum period for which he may be below ground under this Part shall be nine hours and a half.

(b) Where the work of sinking a pit or driving a cross-measure drift is being carried on continuously, no contravention of the provisions of this Part shall be deemed to take place as respects any workman engaged on that work if the number of hours spent by him at his working place does not exceed six at any one time, and the interval between the time of leaving the working place and returning thereto is in no case less than twelve hours.

(9) If any question under this section arises (otherwise than in legal proceedings) whether any person is a workman or is a workman of any particular class, that question shall be referred to the Minister, and his decision shall be final.

(10) The Minister may by regulations substitute a shorter period of time for the period provided by subsection (2) or by paragraph (a) of subsection (8) and, during the continuance of the regulations, this section shall stand modified accordingly.

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

(12) There shall not be a contravention of any provision of this section providing for a period of time in relation to a workman employed on a shift if the period from the time when the last workman on that shift leaves the surface to the time when the first workman on that shift returns to the surface does not exceed the period of time so provided.

114 Register of times of descent and ascent.

114.—(1) The manager of the mine shall appoint one or more persons to direct at the pit head the lowering and raising of men to and from the mine, and shall cause a register to be kept in the prescribed form and containing the prescribed particulars with respect to the times at which men are lowered into and raised from the mine, and the cases in which any man is below ground for more than the time fixed by this Act, and the cause thereof, and the register shall be open to inspection by an inspector.

(2) The workmen in a mine may, at their own cost, appoint and station one or more persons, whether holding the office of checkweigher or not, to be at the pit head, at all times when workmen are to be lowered or raised, for the purpose of observing the times of lowering and raising, and the provisions of this Act and of the Checkweighing in Various Industries Act, 1919, relating to the checkweigher, and to the relations between the owner, agent, or manager of the mine and the checkweigher shall, so far as applicable, apply to any person so appointed as they apply to the checkweigher, with the substitution, as respects appointment, of the workmen in the mine for the persons who under that Act are entitled to appoint a checkweigher.

(3) If any person knowingly makes a false entry in the register which is to be kept under this section, or knowingly causes or permits any such false entry to be made, he shall be guilty of an offence.

115 Power to extend hours of work on a limited number of days in a year.

115.—(1) The time fixed by this Part as the time during which the workmen in a mine may be below ground for the purpose of their work and of going to and from their work may be extended as respects any mine by the manager of the mine, on not more than sixty days in any year by not more than one hour a day, and on any day on which an extension of time is made in accordance with this section as respects any mine the time as so extended shall be substituted for the purposes of this Act as respects that mine for the time as fixed by this Part.

(2) The manager of every mine shall cause a register to be kept in such manner as the Minister may direct of the cases in which any extension of time has been given under this section, and the register shall be open to inspection by an inspector.

116 Application to mines not entered by a shaft, etc.

116.—In the application of this Part to mines which are entered otherwise than by a shaft, and to workmen who are not lowered to or raised from the mine by means of machinery, the admission of men to the mine shall be substituted for the lowering of men to the mine, and the return of men from the mine shall be substituted for the raising of men from the mine, and such times as may be determined by the owner, agent, or manager of the mine, with the approval of an inspector, as the times properly corresponding to the times fixed for the commencement and completion of the lowering and raising of workmen to and from the mine, shall be substituted for the times so fixed.

117 Provisions for securing compliance with this Part.

117.—For securing compliance with the provisions of this Part, it shall be the duty of the manager of every mine—

(a) to make rules for that purpose and publish such rules by posting them and keeping them posted at the pit head, and by supplying a copy thereof free to every workman employed underground in the mine who, not having been previously supplied with a copy, applies therefor at the office at which he is paid; and

(b) to provide necessary means for raising the men from the mine within the time limited by this Part.

118 Workman below ground for longer than fixed period.

118.—If a workman is below ground for a longer period during any consecutive twenty-four hours than the time fixed by this Part, he shall be deemed to have been below ground in contravention of this Part unless the contrary is proved.

Miscellaneous

119 Special exceptions for emergencies.

119.—Where on any occasion a person remains, after the time at which his period of employment ends, below ground in a mine for the purpose of rendering assistance in the event of accident, meeting any danger (whether actual or apprehended) or dealing with any emergency or with work uncompleted through unusual and unforeseen circumstances which requires to be dealt with without interruption in order to avoid serious interference with ordinary work in the mine, there shall be deemed not to be a contravention of the foregoing provisions of this Part in relation to him.

120 Consultation with owner and persons employed.

120.—Before making any regulations for the purposes of section 110, 112 or 113 the Minister shall consult with the owner of every mine to which the regulations will apply and with any association appearing to him to be representative of persons employed to whom the regulations will apply.

121 Supplemental.

121.—For the purposes of this Part a person employed below ground in a mine shall be deemed to be so employed during the period between the time at which he is required to attend for the purpose of going below ground and the time at which he returns to the surface.

PART IX Records, Returns and Information

122 Form of official books and preservation and inspection of entries therein.

122.—(1) Every book which, in pursuance of this Act or of regulations, is provided by the owner of a mine or quarry for the entry of any report, record or other item of information shall be in such form as the Minister may direct.

(2) Every entry made in any such book or a copy of that entry shall be preserved for three years or such other longer or shorter period as may be prescribed for a particular class of entry and, until no longer required to be preserved, shall be kept at the office at the mine or quarry to which it relates or at such other place as may be approved by an inspector and shall be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that mine or quarry.

123 Posting of notices.

123.—(1) At all times at which persons are employed at a mine or quarry there shall be kept posted thereat a notice of the name of the mine or quarry, the name and address of the owner and the name of the manager.

(2) Where, in the case of a mine or quarry,—

(a) regulations affecting it are made, or

(b) a notice is served under this Act by an inspector on the responsible person,

notice of the making of the regulations or of the service of the notice shall be kept posted at the mine or quarry at all times during a prescribed period.

(3) All notices to which this section relates shall be posted in such characters and in such positions as to be easily seen and read by the persons employed, and if a form is specified by the Minister for any such notice, it shall be posted in that form.

(4) It shall be the duty of the manager to keep, at the mine or quarry, copies of this Act and of any orders, regulations and rules affecting the mine or quarry and to permit persons employed to read them at all reasonable times.

124 Periodical returns by owners.

124.—(1) It shall be the duty of the owner of a mine or quarry if directed so to do by the Minister, to furnish to him, within such period and in such form and manner as may be specified in the direction, such returns and statistics relating to the mine or quarry, and such other information (if any) relating thereto, as may be so specified.

(2) No returns, statistics or other information obtained under this section shall, without the consent in writing of the person carrying on the undertaking, be disclosed except—

(a) with the consent of the Minister, to specified persons, being officers of a State authority, namely, a Minister of State, the Commissioners of Public Works in Ireland or the Land Commission, where the Minister is satisfied that it is necessary for the proper discharge of the functions of that State authority so to do, or

(b) in the form of a summary of similar returns, statistics or other information furnished by a number of owners of mines or quarries, being a summary so framed as not to enable particulars relating to the undertaking of a particular person to be ascertained therefrom, or

(c) for the purposes of any proceedings for an offence under this Act or any report of any such proceedings.

125 Notification of beginning and ending of certain mining and quarrying operations.

125.—(1) The owner of a mine or quarry shall give notice to an inspector of any of the following events—

(a) the beginning of operations for opening a mine, seam or vein, or a quarry or driving a new shaft or outlet of a mine;

(b) the abandonment of a mine, shaft, outlet, seam or vein, or of a quarry;

(c) the expiration of, in the case of a mine, seam or vein, two months, and, in the case of a quarry, twelve months, from the day on which it was last worked for getting minerals or products thereof;

(d) the expiration of two months from the day on which a shaft or outlet was last used;

(e) the resumption of working after abandonment or after the expiration of any such period.

(2) The notice shall be given within two weeks after the happening of the event.

(3) Where—

(a) a mine, seam or vein is abandoned within two months, or a quarry within twelve months, after it was last worked for getting minerals or products thereof, or

(b) a shaft or outlet is abandoned within two months after it was last used,

it shall not be necessary to give notice of the expiration of such period.

126 Notification of change of ownership or name of mine or quarry.

126.—(1) Where a change occurs in the ownership or name of a mine or quarry, the owner shall, within two weeks after the change occurs, give notice thereof to an inspector.

(2) For the purposes of this section a name shall be deemed to be changed if its spelling is altered.

PART X Regulations

127 Regulations.

127.—(1) The Minister may make regulations for any of the purposes of this Act.

(2) Without prejudice to the generality of the foregoing, regulations may provide for any of the following matters,—any matter referred to in this Act as prescribed or to be prescribed, the prevention of the occurrence of accidents at mines or quarries, the use of vehicles and conveyors in mines and the conditions under which they may be so used, securing the safety, health or welfare of employed persons or maintaining proper discipline amongst them or securing the proper care and treatment of animals in use at mines or quarries.

(3) The inclusion in this Act of provision in respect of any matter shall not operate to preclude the making of regulations (consistently with that provision) in respect of that matter.

(4) Regulations may, subject to any express provision to the contrary, relate to mines or quarries generally, to a specified class thereof, or to a particular mine or quarry.

(5) Regulations may—

(a) make different provision in respect of different classes of mines or quarries or different subdivisions of a class and in respect of different parts of a mine or quarry;

(b) grant, or provide for the granting of, exemptions from any of the provisions thereof;

(c) make provision for any ancillary or supplementary matters for which the Minister thinks proper to provide.

(6) The Second Schedule shall apply in relation to the procedure for making regulations.

PART XI Checkweighing at Coal Mines

128 Checkweighing of coal.

128.—(1) The Checkweighing in Various Industries Act, 1919, shall apply to the getting of coal from coal mines.

(2) The power to make regulations under any provision of the said Act may be exercised by the Minister.

129 Construction of Checkweighing in Various Industries Act, 1919.

129.—To avoid doubts, it is hereby enacted that the repeal of the Coal Mines Regulation Act, 1887, the Coal Mines (Check Weigher) Act, 1894, and the Coal Mines (Weighing of Minerals) Act, 1905, effected by section 10 and the First Schedule to this Act, shall not affect the incorporation, by subsection (3) of section 2 of the Checkweighing in Various Industries Act, 1919, of the provisions of those Acts set forth and adapted in the Second Schedule to that Act and that Act shall be construed and have effect as if the said provisions formed part of that Act.

PART XII Inspectors

130 Inspectors.

130.—(1) The Minister may authorise any of his officers to act as inspectors for the purposes of this Act.

(2) Notice of an authorisation under this section shall be published in Iris Oifigiúil.

(3) Such annual report of the proceedings of the inspectors as the Minister directs shall be laid before each House of the Oireachtas.

131 General powers of inspectors.

131.—(1) An inspector shall, for the purpose of the execution of this Act, have power—

(a) at any time (whether by day or by night) to enter a mine or quarry and to inspect the whole or any part thereof, anything thereat and any animals employed for the purposes thereof;

(b) to make such examination and inquiry as may be necessary—

(i) to ascertain whether the following are complied with, namely, the provisions of this Act and of orders, regulations and rules thereunder, any direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector and any condition attached to any exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector, or

(ii) to ascertain any matter appearing to the inspector to affect or relate to the safety or health of persons employed at a mine or quarry or the care or treatment of animals employed thereat and in particular (but without prejudice to the generality of the foregoing) the causes and circumstances of any accident or other occurrence at a mine or quarry, being in either case one of which notice is required by this Act to be given;

(c) on entering any premises, to take with him a member of the Gárda Síochána if he has reasonable cause to apprehend any serious obstruction in the exercise of the powers conferred on him by this subsection or, for the purpose of any examination or inquiry relating to the care or treatment of animals, a duly qualified veterinary surgeon;

(d) for the purpose of any examination or inquiry under the foregoing provisions—

(i) to require any person whom he finds at a mine or quarry, or whom he has reasonable cause to believe to be, or to have within the preceding two months been, employed at a mine or quarry, to answer, in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present, such questions as the inspector thinks fit to ask, so however, that no answer given by a person in pursuance of a requirement imposed under this subparagraph shall be admissible in evidence against him in any proceedings,

(ii) to take samples of any articles or substances found at a mine or quarry and, in the case of a mine, of the atmosphere therein, and

(iii) to take possession of any machinery, apparatus or other article whatsoever at a mine or quarry which appears to him to have caused, or to be likely to cause, danger to safety or health and cause it to be dismantled or subjected to any process or test, notwithstanding that it is thereby damaged or destroyed;

(e) to require the production of, and to inspect,—

(i) any registers, books, plans or other documents which by, or by virtue of, this Act are required to be kept, and

(ii) any other documents, being documents which are in the possession or under the control of the owner or manager of a mine or the owner or manager of a quarry and are relevant for the purposes of an examination or inquiry under the foregoing provisions of this section;

(f) to require the manager of a mine to mark on any plan of workings in the mine produced in compliance with a requirement imposed under paragraph (e) the state, as at the time of the imposition of the requirement, of those workings or of such of them as may be specified in the requirement;

(g) to require any person having responsibilities in relation to a mine or quarry (whether or not the owner or a manager or any other person employed thereat) to give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this subsection;

(h) to exercise such other powers as may be necessary for carrying this Act into effect.

(2) A person who—

(a) fails to comply with any requirement imposed by an inspector under this section, or

(b) prevents, or attempts to prevent, any other person from appearing before an inspector or from answering any question to which an inspector may, by virtue of the foregoing subsection, require an answer; or

(c) without permission granted by an inspector, removes from a mine or quarry, or conceals or tampers with, any machinery, apparatus or other article of which possession has been taken by an inspector under this section, or

(d) obstructs an inspector in the exercise or performance of his powers or duties;

shall be guilty of an offence.

132 Power of inspector to require remedy for immediate or apprehended danger.

132.—(1) If an inspector is of opinion that a mine or quarry or any part thereof or any matter, thing or practice at a mine or quarry or connected with the control or management of a mine or quarry is or is likely shortly to become dangerous to the safety or health of the persons employed at the mine or quarry or any of them, he may serve on the responsible person a notice stating that he is of that opinion and giving particulars of the reason why he is of that opinion, and imposing upon the responsible person such prohibitions or restrictions or requirements (of whatsoever kind) as appear to the inspector to be necessary for the purpose of safeguarding the safety or health of the persons employed at the mine or quarry.

(2) Nothing in this section shall authorise the service by an inspector of a notice with respect to a mine in a case in which the service by an inspector of a notice on the manager of that mine is authorised by section 65 or 74.

PART XIII Offences, Penalties and Legal Proceedings

133 Offences.

133.—(1) In the event of a contravention, in relation to a mine, of—

(a) a provision of this Act, of an order made thereunder or of regulations, not being a provision which expressly provides that a person is to be guilty of an offence, 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;

each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the mine, any person to whom written instructions have been given by the owner in pursuance of section 12 specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the mine of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, the manager of the mine and any person who is for the time being treated for the purposes of this Act as the manager.

(2) In the event of a contravention, in relation to a quarry, of—

(a) a provision of this Act or of regulations, not being a provision which expressly provides that a person is to be guilty of an offence, 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,

each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the quarry, any person to whom written instructions have been given by the owner in pursuance of section 12 specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the quarry of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, the manager of the quarry and any person who is for the time being treated for the purposes of this Act as the manager thereof.

(3) Neither the manager of a quarry nor a person who is for the time being treated for the purposes of this Act as the manager thereof shall, by virtue of subsection (2), be guilty of an offence which consists of such a contravention as aforesaid with regard to a matter responsibility for which is duly reserved to the owner in pursuance of section 25.

(4) In the event of a contravention, in relation to a mine, by a person other than one mentioned in subsection (1), of such a provision as is mentioned in paragraph (a) of that subsection, being a provision which expressly imposes on that person or on persons of a class to which he belongs a duty or requirement or expressly prohibits him or persons of a class to which he belongs or all persons from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (1), shall be guilty of an offence, and in the event of a contravention, in relation to a quarry, by a person other than one mentioned in subsection (2), of such a provision as is mentioned in paragraph (a) of that subsection, being a provision which expressly imposes on that person or on persons of a class to which he belongs a duty or requirement or expressly prohibits him or persons of a class to which he belongs or all persons from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (2), shall be guilty of an offence.

(5) Neither the manager of a mine or quarry as such, nor a person who is for the time being treated for the purposes of this Act as the manager of a mine or quarry shall, by virtue of subsection (1) or (2) be guilty of an offence by reason of a contravention by the owner of the mine or quarry of—

(a) any provision of this Act, of an order made thereunder or of regulations, being a provision which expressly imposes on the owner of the mine or quarry a duty or requirement or a prohibition, or

(b) any prohibition, restriction or requirement which, by virtue of a notice served under or by virtue of this Act by an inspector, is expressly imposed on the owner of the mine or quarry,

or of a contravention of section 14 or 26.

134 Supplementary provisions as to offences.

134.—If any persons are employed at a mine or quarry otherwise than in accordance with the provisions of this Act, orders made thereunder and regulations, there shall be deemed to be a separate contravention in respect of each person so employed.

135 Penalty for offences for which no express penalty is provided.

135.—(1) A person guilty of an offence under this Act for which no express penalty is provided shall be liable on summary conviction thereof—

(a) if he is the owner of a mine or quarry, a person to whom instructions have been given by the owner of a mine or quarry in pursuance of section 12, the manager of a mine or a quarry or a person who is for the time being treated for the purposes of this Act as the manager of a mine or a manager of a quarry, to a fine not exceeding one hundred pounds, and

(b) if not, to a fine not exceeding twenty pounds.

(2) (a) Where a person is convicted of an offence under this Act and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the contravention is so continued.

(b) An offence under this subsection shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

(3) Where the court by which a person is convicted of any such offence as aforesaid is satisfied that the contravention in respect of which he is convicted—

(a) was likely to cause the death of, or serious bodily injury to, a person employed at the mine or quarry in relation to which the contravention occurred or a dangerous accident, or

(b) was likely to endanger the safety of any such person,

the court may impose upon the person convicted (either in addition to, or in substitution for, a fine) imprisonment for a term not exceeding three months.

136 Defence available to person charged with offence not committed personally.

136.—In any proceedings under this Act which, by virtue of subsection (1) or (2) of section 133 are taken against a person in respect of the contravention by a person other than himself of—

(a) a provision of the Act, of an order made thereunder or of regulations, being a provision which expressly imposes on that other person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibits him or persons of such a class or all persons from doing a specified act, or

(b) a prohibition, restriction or requirement which by virtue of a notice served under or by virtue of this Act by an inspector is expressly imposed on that other person,

it shall be a defence for the person charged to prove that he used all due diligence to secure compliance with the provision, prohibition, restriction or requirement, as the case may be.

137 Persons not to be under liability for contraventions which it was impracticable to avoid or prevent.

137.—It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to a mine or quarry, of—

(a) a provision of this Act, of an order made thereunder or of regulations (not being a provision which expressly provides that a person is to be guilty of an offence), 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,

to prove that it was impracticable to avoid or prevent the contravention.

138 Liability of owners for breaches of statutory duty by their servants.

138.—To avoid doubts it is hereby enacted that the owner of a mine or quarry is not absolved from liability to pay damages in respect of a contravention, in relation to the mine or quarry, by a person employed by him of—

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

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

by reason only that the provision contravened was one which expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibited that person, or persons of such a class or all persons from doing a specified act or, as the case may be, that the prohibition, restriction or requirement was expressly imposed on that person or that that person was, in pursuance of this Act or regulations, appointed by a person other than the owner.

139 Liability of parents for unlawful employment of children and young persons.

139.—If a child or young person is employed at a mine or quarry in contravention of the provisions of this Act, the parent of the child or young person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding twenty pounds, unless it appears to the court that the contravention occurred without the consent, connivance or wilful default of the parent.

140 Forgery of certificates, false statements, etc.

140.—(1) If a person—

(a) with intent to deceive, forges or uses or lends to, or allows to be used by, another person a certificate granted under or by virtue of this Act by the Minister, or makes or has in his possession a document so closely resembling any such certificate as to be calculated to deceive, or

(b) for the purpose of obtaining for himself or another person—

(i) the grant of any such certificate or the issue of a duplicate thereof or the restoration of any such certificate or a shortening of any period for which any such certificate is suspended, or

(ii) employment as manager of a mine or employment in an office the appointment to which is required by or by virtue of this Act to be made by the manager of a mine, or

(iii) employment as manager of a quarry or employment in an office the appointment to which is required by regulations having effect by virtue of section 29 to be made by the owner or manager of a quarry,

makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or produces, furnishes, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, furnishes, sends or otherwise makes use of a document which is false in a material particular, or

(c) wilfully makes a false entry in any register, book, notice or other document required by or by virtue of this Act to be kept, served or given or, with intent to deceive, makes use of any such entry which he knows to be false, or

(d) in purported compliance with a requirement imposed by or by virtue of this Act to furnish any returns, statistics or other information or to inform a person of the substance of any instructions, makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

(e) discloses any return, statistics or other information in contravention of this Act, or

(f) on being required under paragraph (f) of subsection (1) of section 131 to mark on a plan the state of any workings, marks it thereon in a way which he knows to be false in a material particular or recklessly marks it thereon in a way which is false in a material particular, or

(g) falsely pretends to be an inspector,

he shall be guilty of an offence, and liable—

(i) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both,

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred pounds or to both.

(2) In this section “forges” has the same meaning as in the Forgery Act, 1913.

141 Obligations of persons employed as to health, safety and welfare.

141.—(1) A person employed in a mine or quarry shall not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the mine or quarry, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use the means or appliance.

(2) A person employed in a mine or quarry shall not wilfully and without reasonable cause do anything likely to endanger himself or others.

142 Removal or defacement of notices, etc.

142.—If, without reasonable excuse, a person removes, injures or defaces a notice which is for the time being posted at a mine or quarry in pursuance of any provision of this Act or regulations, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding five pounds.

143 Prosecution of offences.

143.—(1) The District Court shall, in any proceedings for an offence under this Act, if required by either party, cause a note of the evidence to be taken and preserved.

(2) Where, in consequence of an accident or other occurrence at a mine or quarry, a special report is made in pursuance of this Act by an inspector, a report is made by a person appointed under this Act to hold a public inquiry or a coroner's inquest is held, and it appears from the report or from the proceedings at the inquest that, at or before the time of the accident or other occurrence, there was a contravention, in relation to the mine or quarry, of

(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 under or by virtue of this Act by the Minister or an inspector,

summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(3) Summary proceedings against any person liable to be proceeded against in respect of a contravention of section 21 may be commenced at any time within three months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the contravention comes to the knowledge of the Minister.

For the purposes of this subsection, a certificate of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(4) Subsections (2) and (3) shall have effect notwithstanding paragraph 4 of section 10 of the Petty Sessions (Ireland) Act, 1851, which prescribes time limits in cases of summary jurisdiction.

(5) Where an offence is committed under this Act by reason of a failure to give notice, enter a report or do any other thing at or within a time specified by this Act, an order made thereunder, regulations or a notice served under or by virtue of this Act by an inspector, the offence shall be deemed to continue until the notice is given, the report entered or the other thing done, as the case may be.

144 Restriction on institution of certain proceedings.

144.—No proceedings for an offence under this Act shall be instituted against any such person as is mentioned in paragraph (a) of subsection (1) of section 135 except by or with the consent of the Minister or the Attorney General.

145 Duty to report results of proceedings against persons employed at mines or quarries.

145.—(1) An owner or manager of a mine or quarry by whom are instituted proceedings against a person employed at the mine or quarry for an offence under this Act shall, within twenty-one days after the conclusion of the trial of that person for that offence, give to an inspector notice of the result of the trial and shall also, within twenty-one days after the conclusion of any proceedings by way of appeal arising out of the trial, give to an inspector notice of the result of those proceedings.

(2) For the purposes of this section the bringing of proceedings before the High Court to quash a conviction by order of a certiorari shall be deemed to be an appeal.

PART XIV Miscellaneous

146 Provisions as to references upon notices served by inspectors.

146.—(1) The following provisions of this section shall apply in relation to any notice served under any provision of this Act or regulations by an inspector on the owner or manager of a mine or quarry, being a notice which is expressly declared to be one to which the provisions of this section with respect to references upon notices served by inspectors are to apply.

(2) (a) If the person on whom any such notice is served or, in a case where it is served on two or more persons, any of them, by a counter-notice duly served on the inspector who served the notice demands a reference upon the notice, it shall stand referred to a person or persons selected by the nominated selector (as hereinafter defined) from amongst the members of that one of the panels of persons appointed by the Minister under this section which is appropriate to the circumstances of the case.

(b) If the said selector is satisfied that special reasons exist which render it expedient for him to act as referee instead of a person or persons selected as aforesaid, he may direct that the notice shall stand referred to him.

(3) On a reference under this section upon any such notice, any of the following persons may appear in person or be represented, and may give evidence and call such witnesses as he thinks fit—

(a) any person on whom the notice was served;

(b) any inspector;

(c) any association or body representative of a majority of the total number of persons employed at the mine or quarry to which the notice relates;

(d) any other persons appearing to the referee or referees to be affected by the notice or any association or body representative of any such persons.

(4) The following provisions shall have effect with respect to the quashing or confirmation of any such notice upon a reference thereon under this section—

(a) if no relevant ground of objection to the notice is established to the satisfaction of the referee or referees, he or they shall confirm the notice;

(b) if a relevant ground of objection is so established, the referee or referees shall quash the notice unless he or they is or are of opinion that the objection can be met by modification of the notice, in which case the referee or referees shall confirm the notice subject to such modification as appears to him or them to meet the objection;

and where the notice is confirmed subject to any modification it shall take effect as modified.

(5) For the purposes of subsection (4)—

(a) in the case of any such notice served under a provision of this Act, any of the following grounds which are appropriate to the circumstances of the case shall be a relevant ground of objection—

(i) that compliance with a prohibition, restriction or requirement sought to be imposed by or by virtue of the notice is, wholly or to a particular extent, unnecessary, inadvisable for reasons of safety or impracticable;

(ii) that any period limited by the notice is insufficient for the purpose of enabling any works to be executed or other thing done;

(b) in the case of a notice served under any provision of regulations, the relevant ground or grounds of objection shall be such as may be prescribed.

(6) Save as otherwise expressly provided by this Act or regulations, any such notice shall not become operative in any event until the expiration of the period within which a reference thereon may be demanded under this section or, if within that period such a reference is so demanded, until the notice is confirmed by the referee or referees.

(7) The quashing under this section of any such notice shall neither be taken to prevent the service by an inspector of a fresh notice nor, if the notice became operative before it was quashed, affect the previous operation thereof.

(8) The Minister may—

(a) constitute such number as he thinks fit of panels of persons from whom referees may be selected for the purposes of references under this section and, as respects each panel, may designate the cases in which it is to be treated for the purposes of this section as the appropriate panel;

(b) make rules for regulating such references and, in particular, for making provision with respect to the costs of such references (including the payment of remuneration and allowances to referees) and for specifying the form of a counter-notice under subsection (2) and the period within which such a notice must be served;

and different periods may be specified by rules under paragraph (b) of this subsection in relation to the service of counter-notices relating to notices served under different provisions of this Act or regulations.

(9) The reference in subsection (2) to the nominated selector shall be construed as referring to such person as may for the time being be nominated by the Minister to discharge the duty of selecting referees to act upon references under this section.

147 Power of Minister to grant exemptions for limited period.

147.—Where the Minister is of opinion, with respect to mines or quarries of any class, that by reason of the nature or amount of work involved, or of the shortness of the period during which the mines or quarries are expected to be worked or other special circumstances affecting them, it would not be right to require compliance with the provisions of this Act or any particular provision thereof, he may by regulations exempt mines or quarries of that class from such provisions or provision for such period, and subject to such conditions, as he may prescribe.

148 Revocation and variation of orders.

148.—Any power conferred by this Act to make an order shall be construed as including a power, exercisable in the like manner and subject to the like conditions, if any, to revoke or vary the order.

149 Mode of service of notices.

149.—(1) A notice required or authorised by or by virtue of this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by registered post to, his office.

(2) A notice required or authorised by or by virtue of this Act to be served on or given to the owner of a mine or quarry may be served or given—

(a) where the owner is an individual, by delivering it to him, by leaving it at the office at the mine or quarry or by sending it by registered post addressed to him at his usual or last known place of abode or the proper postal address of the mine or quarry;

(b) where the owner is a body corporate, by delivering it to the secretary or clerk to the body at their registered or principal office or by sending it by registered post addressed to the secretary or clerk to the body at that office;

(c) where the owner is a firm, by delivering it to any partner of the firm or by leaving it at, or sending it by registered post to, the office of the firm.

(3) A notice required or authorised by or by virtue of this Act to be served on or given to the manager of a mine or quarry may be served or given by delivering it to him, by leaving it at the office at the mine or quarry or by sending it by registered post addressed to him at the proper postal address of the mine or quarry.

(4) This section shall apply to the sending or lodging of any document as it applies to the giving of a notice.

150 Certificates of birth.

150.—(1) Where the age of any person is required to be ascertained or proved for the purposes of this Act, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.

(2) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations appoint fees for the purposes of this section.

151 Advisory Council.

151.—(1) There shall be a council consisting of a chairman and eight ordinary members (in this section referred to as the Advisory Council) to perform the functions assigned to it by this section.

(2) The Advisory Council shall consider, and advise the Minister on, any matters arising on or in relation to the execution of this Act (including any proposals by the Minister to make, amend or revoke any orders or regulations under this Act) which the Minister may refer to the Council.

(3) The Advisory Council may, as they consider necessary from time to time, advise the Minister on:—

(a) the desirability of making, amending or revoking any orders or regulations under this Act;

(b) matters relating to the enforcement of the provisions of this Act or of orders or regulations made under this Act;

(c) the organisation or promotion of safety and welfare campaigns among employees and employers;

(d) the organisation of lectures, film shows or exhibitions, the publication of posters or pamphlets or any other measures, being lectures, film shows, exhibitions, posters, pamphlets or measures designed to educate employees and employers on questions of safety and welfare in mines and quarries and on methods of safeguarding and improving the health of workers.

(4) The Chairman and the ordinary members of the Advisory Council shall be appointed by the Minister.

(5) The first such appointment shall be made as soon as conveniently may be after the passing of this Act and subsequent appointments shall be made from time to time as occasion requires.

(6) In appointing persons to be ordinary members of the Advisory Council, the Minister shall include persons representative of organisations of employees and of organisations of employers.

(7) The Chairman and the ordinary members of the Advisory Council shall hold office for such period as the Minister may decide.

(8) On the request of the Advisory Council and subject to the consent of the Minister, an inspector may attend a meeting of the Advisory Council for the purpose of giving any information which the Advisory Council may request for the purposes of discharging its functions.

FIRST SCHEDULE Enactments Repealed

Session and Chapter or Year and Number	Short Title	Extent of Repeal
35 & 36 Vict. c. 77.	Metalliferous Mines Regulation Act, 1872.	The whole Act.
38 & 39 Vict. c. 39.	Metalliferous Mines Regulation Act, 1875.	The whole Act.
45 & 46 Vict. c. 3.	Slate Mines (Gunpowder) Act, 1882.	The whole Act.
46 & 47 Vict. c. 31.	Payment of Wages in Public Houses Prohibition Act, 1883.	In section 2, the words from “nor any person” to the end of the section.
50 & 51 Vict. c. 58.	Coal Mines Regulation Act, 1887.	The whole Act.
57 & 58 Vict. c. 42.	Quarries Act, 1894.	The whole Act.
57 & 58 Vict. c. 52.	Coal Mines (Check Weigher) Act, 1894.	The whole Act.
63 & 64 Vict. c. 21.	Mines (Prohibition of Child Labour Underground) Act, 1900.	The whole Act.
5 Edw. 7, c. 9.	Coal Mines (Weighing of Minerals) Act, 1905.	The whole Act.
6 Edw. 7, c. 53.	Notice of Accidents Act, 1906.	Sections 1, 2, 3 and 5.
8 Edw. 7, c. 57.	Coal Mines Regulation Act, 1908.	The whole Act.
10 Edw. 7, & 1 Geo. 5, c. 15.	Mines Accidents (Rescue and Aid) Act, 1910.	The whole Act.
1 & 2 Geo. 5, c. 50.	Coal Mines Act, 1911.	The whole Act.
4 & 5 Geo. 5, c. 22.	Coal Mines Act, 1914.	The whole Act.
6 & 7 Geo. 5, c. 31.	Police, Factories, etc., (Miscellaneous Provisions) Act, 1916.	Section 10.
10 & 11 Geo. 5, c. 50.	Mining Industry Act, 1920.	Section 19.
10 & 11 Geo. 5, c. 65.	Employment of Women, Young Persons and Children Act, 1920.	The whole Act so far as it relates to mines.
1955, No. 10.	Factories Act, 1955.	Section 128.

SECOND SCHEDULE Procedure for Making Regulations

(2) The application must be accompanied by a draft of the proposed regulations.

(a) the specific grounds of objection,

(b) the omissions, additions, or modifications asked for.

(a) the Minister shall appoint a competent person or competent persons to hold the inquiry, and to report to him thereon,

(b) the inquiry shall be held in public, and any inspector and any objector and any other person who, in the opinion of the person holding the inquiry or, if there is more than one such person, of the person presiding over the inquiry, is affected by the draft regulations, may appear at the inquiry either in person or by counsel, solicitor, or agent,

(c) the witnesses may, if the person holding or presiding over the inquiry thinks fit, be examined on oath (which such person is hereby empowered to administer),

(d) subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Minister and the rules may make provision as to the costs of the inquiry and other proceedings, including the remuneration of the person or persons holding the inquiry.

(a) in the case of general regulations—

(i) by or on behalf of the majority of the owners of mines or quarries affected by the draft regulations or by or on behalf of the owners employing a majority of the persons employed; or by any person who satisfies the Minister that he or an association on behalf of which he acts, represents a majority of the persons employed, or

(ii) by or on behalf of the majority of the owners of any class or description of mines or quarries affected as respects which it appears to the Minister that, by reason of special conditions existing in connection therewith, there is reason to believe that any of the requirements of the draft regulations may be unnecessary or inappropriate in the case of that class or description, or by or on behalf of the owners employing a majority of the persons employed in any such class or description of mines or quarries; or by any person who satisfies the Minister that he or an association on behalf of which he acts represents a majority of the persons employed in any such class or description of mines or quarries;

(b) in the case of special regulations—by or on behalf of the owner of the mine or quarry or by any person who satisfies the Minister that he or an association on behalf of which he acts, represents a majority of the persons employed.