MINES AND QUARRIES ACT, 1965

• (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.