Mines and Works Inspection Act 1920

This Act may be cited as the Mines and Works

Inspection Act 1920.

In this Act—

agent means the agent or representative of the owner of the mine;

default penalty means a default penalty provided for by section 24A of this Act;

inspector means an inspector of mines appointed under this Act, and includes the chief inspector of mines;

machinery means any machinery, plant, equipment, implement, or device used or designed or adapted for use in the course of any mining operation;

mine means any place in, on, or under which any mining operation has been or is being carried on, and includes works;

mineral means—

any—

metal; or

metalliferous ore; or

coal; or

guano; or

precious or other stone; or

salt; or

gypsum; or

gravel; or

shale; or

shell; or

sand; or

clay; or

soil; or

earthy substance, occurring, whether naturally or otherwise, in, on or under the ground or in the sea or any other waters; or

any substance declared by proclamation under this section to be a mineral;

mining or mining operation means in respect of operations to which this Act applies—

any operation carried on in the course of searching for or recovering any mineral; or

any operation carried on at any works; or

any operation declared by proclamation under this section to be a mining operation, but does not include any operation declared by proclamation under this section not to be a mining operation;

owner means any person who is the immediate proprietor or lessee or occupier of a mine, or any part thereof, and includes a contractor or tributor working therein, but does not include a person who merely receives a royalty, rent, or fine from a mine, or is merely the proprietor of a mine which is subject to any lease, grant, or licence for the working thereof, or is merely the owner of the soil and not interested in the products of the mine;

works means—

any—

battery; or

crushing plant; or

ore concentrating works; or

cyanide or chlorination works; or

leaching plant; or

smelting or metal refining works; or

pellet plant; or

salt works; or

pre-mix concrete works; or

road-base plant, that is situated on or adjacent to the place at which a mining operation referred to in paragraph (a) of the definition of mining operation in this section is carried on; or

any works declared by regulation to be works, but does not include any works declared by regulation not to be works.

The Governor may by proclamation—

declare any substance to be a mineral; or

declare any operation or class of operations to be or not to be a mining operation or operations;

and may by proclamation from time to time revoke, alter or amend such proclamation.

This Act applies in respect of operations undertaken—

under the Indenture under the Roxby Downs (Indenture Ratification)

Act 1982; and

under the Indenture under the Whyalla Steel Works Act 1958;

and

by a person to whom a sale or lease of any seam of coal vested in the Crown at or near Leigh Creek has been made or granted by or on behalf of the Crown (including any successors at law of such a person) as authorised under section 48(1) of the Electricity

Corporations Act 1994; and

by a person authorised under section 48(2) or (3) of the

Electricity Corporations

Act 1994 to mine any seam of coal vested in the Crown or

SAGC, at or near Leigh Creek.

The Governor may appoint a chief inspector of mines and such other inspectors of mines as he deems necessary for the purposes of carrying out the provisions of this Act.

Any Public Service employee authorised by the Minister may, with such assistants as the Public Service employee deems necessary, at any reasonable time, enter and inspect any mine for official purposes.

For the purposes of every such inspection every such person shall have all the powers and authorities conferred on inspectors by this

Act.

Any person shall be disqualified from being appointed or acting as an inspector who, without the authority of the Minister—

practises or acts, either alone or in partnership with any person, as a land agent, mining engineer, viewer, agent, or valuer of mines, or as an arbitrator in any difference or dispute arising between owners or agents;

or

is otherwise employed in or about any mine within the State;

or

knowingly holds, directly or indirectly, any interest in any mine within the State.

Any person who acts as an inspector whilst disqualified as aforesaid shall be liable to a penalty not exceeding one thousand dollars.

A person must not divulge any information relating to trade processes or financial information obtained (whether by that person or some other person) in the administration of this Act except—

as authorised by this Act or a regulation under this Act;

or

with the consent of the person from whom the information was obtained or to whom the information relates; or

to the Minister, or an officer or employee of the Crown in connection with the administration or enforcement of this Act or a prescribed

Act; or

for the purpose of any legal proceedings arising out of the administration or enforcement of this Act or a prescribed Act.

Maximum penalty: $10 000.

An inspector shall have power to do any or all of the following things, namely:

he may, without previous notice, enter, inspect and examine any mine, and every part thereof, at all times by day or night, but so as not unnecessarily to impede or obstruct the working of the mine; and

he may make examination or inquiry to ascertain whether in respect of any mine the provisions of this Act are being complied with;

and

he may examine into and make inquiry respecting—

the state and condition of any mine, or any part thereof;

and

the state and condition of the machinery in or about any mine;

and

the ventilation and the air of the mine; and

any accident in or about any mine causing loss of life or personal injury; and

all matters and things connected with or relating to the safety, health, or well-being of the persons employed in or about the mine or any mine contiguous thereto, or of the general public; and

any mining operations which are creating or are likely to create a nuisance, or are damaging or likely to damage property; and

the effect of any mine, mining operation or practice, or operation or practice incidental or ancillary thereto, upon the amenity of any area or place; and

he may order to be discontinued in or about any mine—

the use of any machinery which he considers unsafe or defective until such machinery is made safe or the defect remedied; and

any practice which he considers liable to affect the safety or health of the persons employed in or about any mine, or of the general public;

and

any mining operations or practices which are likely to create a nuisance or damage property; and

he may order the cessation of any mining operation or practice, or any operation or practice incidental or ancillary thereto, that in his opinion, has impaired unduly or is likely to impair unduly the amenity of any area or place and he may give such other directions as he considers necessary or desirable to prevent or reduce undue impairment of the amenity of any area or place; and

he may order the immediate cessation of work in and the departure of all persons from any mine, or any part thereof, which he considers unsafe, or he may allow persons to continue to work in such mine or part, only on such precautions being taken or such things being done as he considers necessary;

and

he may inspect the storage and use of explosives in or about any mine; and

he may give such directions as to any practice, or as to the doing of any matter or thing, not provided for by regulations made under this Act, as he considers necessary in the interests of the health and safety of any person or for the purpose of preventing nuisances or damage to property;

and

he may exercise such other powers as are necessary for carrying this Act into effect.

An order or direction by an inspector under this section shall be sufficiently given—

to any owner or agent if given orally or by notice in writing;

or

to any other person, if given orally or by notice in writing, or if a written notice thereof is posted up in some conspicuous position on the mine, or part thereof, to which the order or direction relates.

If—

any owner, agent or any other person fails to comply with or acts in contravention of any order or direction given by an inspector under this

Act; or

any owner or agent permits or suffers any person employed in such mine to act in contravention of any order or direction given by an inspector under this Act, he shall be liable to a penalty not exceeding, for a first offence, two thousand dollars, and for any subsequent offence, four thousand dollars and liable to a default penalty not exceeding two hundred dollars.

It shall be a defence to any proceeding for an offence under this section (except an offence arising from contravention of, or failure to comply with, an order or direction that is reviewable under section 11 of this Act) if it is proved to the satisfaction of the court that such order or direction was not justified by the purpose for which such order or direction was given.

Where an order or direction is given by an inspector under this section to the owner of a mine to carry out any work and the owner is found guilty of an offence against subsection (3) of this section for failing to comply with the order or direction, the inspector, with the approval of the Minister, may, with such assistants as the inspector considers necessary, enter and cause that work to be carried out.

The cost of carrying out the requirements of an order or direction of an inspector under subsection (4) of this section may be recovered from the owner of the mine in a summary manner as a debt due to the

Crown.

A document purporting to be signed by the chief inspector of mines stating the cost referred to in subsection (5) of this section shall, in the absence of proof to the contrary, be accepted as proof of that cost in any proceedings for its recovery.

A person who is required to comply with an order or direction under section 10(1)(e) may apply to the Tribunal under section 34 of the South Australian

Civil and Administrative Tribunal Act 2013 for a review of the order or direction.

An application must be made within 1 month of the making of the order or decision.

For the purposes of proceedings before the Tribunal under this section, the following panels of assessors must be established under section 22 of the South Australian

Civil and Administrative Tribunal Act 2013:

a panel consisting of persons who have experience in the conduct of mining operations;

a panel consisting of persons who have experience in assessing the aesthetic effect of mining operations and practices on the environment in which they are carried out.

In any proceedings under this section, the Tribunal may, if the

President of the Tribunal so determines, sit with assessors selected by the

President.

In this section—

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013.

The miners employed in any mine may appoint two of their number, or any two persons who are practical miners, to inspect the mine, and the persons so appointed shall, on giving notice to the owner, be allowed to inspect every

part of the mine and all its machinery.

If at any time the workings, or any part of the workings, of any mine are considered unsafe by any of the miners working therein, the miners working therein may, in like manner, appoint two of their number, or any two persons who are practical miners, to inspect, such workings, and the persons so appointed shall, on giving notice to the owner, be allowed to inspect such workings.

The owner or agent must take steps to facilitate an inspection, and the owner or agent may, if the owner or agent thinks fit, accompany the persons making the inspection.

The persons so inspecting shall record and sign a true report of the result of every such inspection in the record book, and, if the report states the existence or apprehended existence of any danger, they shall forthwith cause a true copy of the report to be sent to the chief inspector, and shall notify the owner of such danger.

The persons so appointed shall be designated miners' inspectors, and shall, while making any inspection for the purposes of this section, be deemed to be workmen employed by the owner of the mine within the meaning of the Workmen's Compensation

Act 1971.

The Minister may, at any time, terminate any appointment made under this section if it appear to him for any reason necessary or desirable so to do.

A person must not wilfully obstruct, hinder, or interfere with, or use insulting language to, an inspector, or any person having the powers and authorities of an inspector, in the execution of his or her duty. Maximum penalty: $1 000.

An owner or agent must not refuse or neglect to furnish an inspector, or any person having the powers and authorities of an inspector, with the means necessary for making any entry, inspection, examination, or inquiry under this Act in relation to the mine. Maximum penalty: $1 000.

No person shall be precluded or exempted by any contract or agreement from doing such acts as may be necessary to comply with the provisions of this Act, or be liable under any contract or agreement to any penalty or forfeiture for doing such acts.