Mines and Quarries Act, 1965

Mines and Quarries Act, 1965 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1965 Mines and Quarries Act, 1965 Mines and Quarries Act, 1965 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 7 of 1965. MINES AND QUARRIES ACT, 1965 ARRANGEMENT OF SECTIONS Part I PRELIMINARY AND GENERAL Section 1. Short title. 2. Commencement. 3. Meaning of “mine” and “quarry”. 4. Meaning of “owner”. 5. Interpretation generally. 6. Application to State. 7. Expenses. 8. Laying of regulations before Houses of Oireachtas. 9. Consultation with Minister for Health as to health regulations. 10. Repeals. 11. Continuance of instruments, office-holders and registers. Part II MANAGEMENT AND CONTROL OF MINES AND QUARRIES 12. General duties of mine and quarry owners. 13. Appointment, and general duties and powers, of mine managers. 14. Rights of mine manager with respect to instructions given by or on behalf of owner. 15. Qualifications of mine manager. 16. Daily supervision by mine managers. 17. Deputies. 18. Other officials, engineers, technicians, etc. 19. Duty of mine manager to ensure that persons appointed by him understand their duties. 20. Disqualification of contractors and their employees for appointment as managers or deputies of mines. 21. Plans. 22. Faulty plans. 23. Appointment of quarry managers. 24. General powers and duties of quarry managers. 25. Power of quarry owner to exclude matters from manager's control. 26. Rights of quarry manager with respect to instructions given by or on behalf of owner. 27. Supervision by quarry manager. 28. Power to require qualified manager where certain quarrying operations are carried on. 29. Officials, etc. 30. Temporary appointments during vacancy in office of mine or quarry manager. 31. Notification to inspector appointments by mine or quarry owners. Part III SAFETY, HEALTH AND WELFARE (MINES) 32. Requirements as to shafts and outlets: mines of coal and other stratified minerals. 33. Provisions of winding and haulage apparatus. 34. Securing of shafts and staple-pits. 35. Safety precautions with respect to entrances to shafts, staple-pits and outlets. 36. General provisions with respect to construction and maintenance of roads. 37. Height and width of travelling roads. 38. Prohibition of use of vehicles and conveyors in roads not affording free movement. 39. Transport rules and regulations. 40. Provisions for securing safety of foot-passengers in transport roads. 41. Provisions of refuge holes. 42. Safety measures relating to use of vehicles. 43. Charge of winding and roe haulage apparatus when persons are carried. 44. Charge of winding rope haulage apparatus when persons are not carried. 45. Charges of conveyors at working faces. 46. Signalling shafts and outlets. 47. Signalling in roads. 48. Power to exclude or modify five preceding sections in case of remotely controlled or automatic apparatus. 49. Duty to secure safety of roads and working places. 50. Systematic support in mines of coal and other stratified minerals. 51. Power to require systematic support in other mines. 52. Supply of materials for support. 53. Withdrawal of support. 54. Duties of deputies in relation to support. 55. Provisions as to support rules. 56. Duty to provide adequate ventilation. 57. Avoidance of danger from gas in waste. 58. Power of inspector to require improvement of ventilation. 59. Provisions as to means of ventilation. 60. Prevention of leakage of air between airways. 61. Provision of barometers and other measuring instruments. 62. Lighting. 63. Permitted lights. 64. Lighting and contraband regulations. 65. Electricity and electrical apparatus. 66. Blasting materials and devices. 67. Use of brattice sheeting and conveyor belting. 68. Fire-fighting and rescue operations. 69. Means of escape from rooms in which there is special risk of fire or gas. 70. Dust precautions. 71. Duty of mine owners and managers to seek evidence of proximity of disused workings, water-bearing strata, etc. 72. Duty of mine owners and managers to ascertain thickness of strata between workings and surface water. 73. General duty to take precautions against inrushes of gas, water, etc. 74. Powers of inspectors with respect to danger from inrushes of gas, water, etc. 75. Withdrawal of workmen in case of danger. 76. Construction, maintenance, etc of machinery and apparatus. 77. Fencing of exposed parts of machinery. 78. Engines below ground. 79. Air, gas and steam containers. 80. Loading of cranes, etc. 81. Storage bins and hoppers. 82. Buildings and structures to be kept safe. 83. Safe means of access and safe means of employment. 84. Restriction on doing of work by unskilled persons. 85. First Aid. 86. Lifting excessive weights. 87. Sanitary conveniences. 88. Measures against vermin and insects. 89. Drinking water. 90. Welfare regulations. Part IV SAFETY, HEALTH AND WELFARE (QUARRIES) 91. Provisions for securing safe methods of working. 92. Safe means of access to working places. 93. Safety measures relating to vehicles running on rails. 94. Lighting. 95. Dust precautions. 96. Miscellaneous provisions for securing safety of persons employed. 97. Application to quarries of certain sections of Part III. Part V NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND DISEASES 98. Notification of certain accidents. 99. Power to extend to other dangerous occurrences provisions as to notification of accidents. 100. Power to apply to diseases provisions as to notification of accidents. 101. Inquest in case of death by accident or other occurrence or disease. 102. Site of accident or other dangerous occurrence to be left undisturbed. 103. Power of Minister to require special report on accident or other dangerous occurrence. 104. Power to direct formal investigation of accidents, occurences and cases of disease. Part VI WORKMEN'S INSPECTIONS 105. Periodical inspection on behalf of workmen. Part VII FENCING OF ABANDONED AND DISUSED MINES 106. Fencing of abandoned and disused mines. Part VIII CONDITIONS OF EMPLOYMENT 107. Prohibition of employment below ground in certain cases. 108. Prohibition of employment of children. 109. Proof of age. 110. Restrictions on employment of women and young persons. 111. Register of women and young persons employed. 112. Medical examination. 113. Limit of hours of work below ground in mines. 114. Register of times of descent and ascent. 115. Power to extend hours of work on a limited number of days in a year. 116. Application to mines not entered by a shaft, etc. 117. Provisions for securing compliance with this Part. 118. Workman below ground longer than fixed period. 119. Special exceptions for emergencies. 120. Consultation with owner and persons employed. 121. Supplemental. Part IX RECORDS, RETURNS AND INFORMATION 122. Form of official books and preservation and inspection of entries therein. 123. Posting of notices. 124. Periodical returns of owners. 125. Notification of beginning and ending of certain mining and quarrying operations. 126. Notification of change of ownership or name of mine quarry. Part X REGULATIONS 127. Regulations. Part XI CHECKWEIGHING AT COAL MINES 128. Checkweighing of coal. 129. Construction of Checkweighing in Various Industries Act, 1919. Part XII INSPECTORS 130. Inspectors. 131. General powers of inspectors. 132. Power of inspector to require remedy for immediate or apprehended danger. Part XIII OFFENCES, PENALTIES AND LEGAL PROCEEDINGS 133. Offences. 134. Supplementary provisions as to offences. 135. Penalty for offences for which no express penalty is provided. 136. Defence available to person charged with offence not committed personally. 137. Persons not to be under liability for contraventions which it was impracticable to avoid or prevent. 138. Liability of owners for breaches of statutory duty by their servants. 139. Liability of parents for unlawful employment of children and young persons. 140. Forgery of certificates, false statements, etc. 141. Obligations of persons employed as to health, safety and welfare. 142. Removal or defacement of notices, etc. 143. Prosecution of offences. 144. Restriction on institution of certain proceeding. 145. Duty to report results of proceedings against persons employed at mines or quarries. Part XIV MISCELLANEOUS 146. Provisions as to references upon notices served by inspectors. 147. Power of Minister to grant exemptions for limited period. 148. Revocation and variation of orders. 149. Mode of service of notices. 150. Certificates of birth. 151. Advisory Council. FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Procedure for making Regulations Acts Referred to School Attendance Act, 1926 1926, No.17 Interpretation Act, 1937 1937, No. 38 Rats and Mice (Destruction) Act, 1919 1919, c. 72 Various Industries Act, 1919 1919, c. 51 Forgery Act, 1913 1913, c. 27 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Number 7 of 1965. MINES AND QUARRIES ACT, 1965 AN ACT TO CONSOLIDATE, WITH AMENDMENTS, ENACTMENTS RELATING TO MINES AND QUARRIES. [11th May, 1965.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I Preliminary and General Short title. 1.—This Act may be cited as the Mines and Quarries Act, 1965. Commencement. 2.—This Act shall come into operation on such day or days as shall be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. Meaning of “mine” and “quarry”. 3.—(1) In this Act “mine” means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals. (2) In this Act “quarry” means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined. (3) “Mine” and “quarry” include, respectively, any place on the surface surrounding or adjacent to the shafts of the mine or to the quarry occupied together with the mine or quarry for the storage or removal of the minerals or for the purposes of a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals but, subject thereto, does not include any place at which any manufacturing process is carried on. (4) For the purposes of this Act, any place occupied by the owner of a mine or quarry and used for depositing refuse from it shall form part of the mine or quarry, but any place so used in connection with two or more mines or quarries, and occupied by the owner of one of them, or by the owners of any two or more in common, shall be deemed to form part of such one of those mines or quarries as the Minister may direct. (5) For the purposes of this Act any line or siding (not being part of a railway) serving a mine or quarry shall form part of the mine or quarry, but, if serving two or more of them, shall be deemed to form part of such one of them as the Minister may direct. (6) For the purposes of this Act a conveyor or aerial ropeway provided for the removal from a mine or quarry of minerals or refuse shall form part of the mine or quarry. Meaning of “owner”. 4.—(1) In this Act “owner” means, in relation to a mine or quarry, the person for the time being entitled to work it. (2) Where the working of a quarry is wholly carried out by a contractor on behalf of the person entitled to work it, the contractor shall, to the exclusion of that person, be taken for the purposes of this Act to be the owner of the quarry. (3) Where two or more persons are entitled to work a quarry independently, that one of those persons who is the licensor of the others shall, to the exclusion of the others, be taken for the purposes of this Act to be the owner of the quarry. (4) Where the business of a person who, by virtue of the foregoing provisions, is to be taken to be owner of a mine or quarry is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by order of court, the liquidator, receiver, manager or other person shall be taken for the purposes of this Act to be an additional owner of the mine or quarry. Interpretation generally. 5.—(1) In this Act, unless the context otherwise requires— “bodily injury” includes injury to health; “child” means a person who is under the school-leaving age; “contravention” includes, in relation to— (a) a provision of this Act, of an order made thereunder or of regulations, or (b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector, or (c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector, a failure to comply with the provision, direction, prohibition, restriction, requirement or condition, and “contravene” shall be construed accordingly; “gas” includes fume or vapour; “general regulations” means regulations other than those applicable to a particular mine or quarry only; “gravity operated rope haulage apparatus” means rope haulage apparatus worked solely by the action of gravity on a vehicle or vehicles attached to a rope forming part of the apparatus; “gravity operated winding apparatus” means winding apparatus worked solely by the action of gravity on a part of it in which a load is carried; “inspector” means an inspector appointed under this Act; “legal proceedings” includes arbitration; “mechanically operated rope haulage apparatus” means rope haulage apparatus worked by a stationary engine; “mechanically operated winding apparatus” means winding apparatus worked by a stationary engine; “minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat; “the Minister” means the Minister for Industry and Commerce; “notice” means a notice in writing; “parent” means, in relation to a child or young person, the individual having the legal custody of the child or young person and where, owing to the absence of that individual or for any other reason, the child or young person is not living with or in the actual custody of that individual, includes the individual with whom the child or young person is living or in whose actual custody the child or young person is; “period of employment” means the period (inclusive of the time allowed for meals and rest) within which a person may be employed on any day; “permitted lights” means, in relation to a mine or a part of a mine, locked safety-lamps and any other means of lighting the use of which below ground in mines generally, in mines of a class to which that mine belongs or in that mine is authorised by regulations; “prescribed” means prescribed by regulations; “railway” means any railway used for the purposes of public traffic whether passenger, goods or other traffic and includes any works of the body corporate managing and controlling the railway which are connected with the railway; “regulations” means regulations made by the Minister; “responsible person” means, in relation to a mine, the manager and, in relation to a quarry, the owner; “road” includes part of a road but does not include an unwalkable outlet; “rope” includes chain; “rope haulage apparatus” means apparatus for transporting loads in vehicles attached to ropes; “sanitary conveniences” includes urinals, water-closets, earth-closets, ash-pits, privies and any similar convenience; “the school-leaving age” means the age at which the School Attendance Act, 1926 , ceases to apply; “shaft” means a shaft the top of which is, or is intended to be, at the surface; “special regulations” means regulations applicable to a particular mine or quarry only; “staple-pit” includes winze; “statutory responsibilities” means responsibilities under this Act, orders made thereunder and regulations; “support rules” means rules made under section 55 for any of the purposes of the sections relating to support in mines; “travelling road” means a length of road in a mine, used for the purpose of walking to or from working places; “unwalkable outlet” means an outlet which, owing to the gradient thereof or of any part thereof (whether alone or in combination with other circumstances), persons cannot walk up with reasonable convenience; “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night; “winding apparatus” means, in relation to a mine shaft or staple-pit, apparatus for lowering and raising loads through the shaft or staple-pit; “woman” means a woman whose age is not less than eighteen years; “young person” means a person who has reached the school-leaving age but is less than eighteen years of age. (2) For the purposes of this Act mine workings having a common system of ventilation, or any part of a system of ventilation in common, shall be deemed to form part of the same mine. (3) For the purposes of this Act— (a) the working of a mine shall be deemed to include the operation of driving a shaft or outlet therefor; (b) the working of a quarry shall be deemed to include the operation of removing overburden thereat; (c) a mine or quarry shall be deemed to be worked notwithstanding that the only operations carried on thereat are operations carried on with a view to abandoning the mine or quarry or for the purpose of preventing the flow therefrom into an adjacent mine or quarry of water or material that flows when wet, but shall not be deemed to be worked by reason only that pumping operations are carried on thereat for the purpose of supplying water to any person. (4) References in this Act to the use of safety-lamps by way of temporary precaution shall, in relation to a mine, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed below ground in the mine in a place in which the use of naked lights might be dangerous and, in relation to a part of a mine below ground, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed in that part in such a place. (5) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including this Act. Application to State. 6.—This Act applies to mines and quarries belonging to or in the occupation of the State in the same manner as it applies to mines and quarries generally. Expenses. 7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Laying of regulations before Houses of Oireachtas. 8.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Consultation with Minister for Health as to health regulations. 9.—Regulations under this Act in regard to the health of persons employed shall be made by the Minister only after consultation with the Minister for Health. Repeals. 10.—The Acts mentioned in the First Schedule are hereby repealed to the extent specified in the third column of the Schedule. Continuance of instruments, office-holders and registers. 11.—(1) Any order, regulation, rule, certificate, exemption, consent, approval, permission, notice or authority made or given under any enactment repealed by this Act and in force immediately before the commencement of this Act shall continue in force and shall have effect as though it had been made or given under this Act and, in so far as it could have been made or given under a particular provision of this Act, shall be deemed to have been made or given under that provision. (2) Any such order, regulation or rule made under a power which is exercisable under a corresponding provision of this Act by a different class of instrument shall be deemed to be an instrument of that class. (3) Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold office or to act or serve as if he had been appointed under the corresponding provision of this Act. (4) Any register kept under an enactment repealed by this Act shall be deemed part of the register to be kept under the corresponding provision of this Act. (5) The provisions of this section are without prejudice to the general application of section 21 of the Interpretation Act, 1937 , as to the effect of repeals. PART II Management and Control of Mines and Quarries Mine and Quarry Owners General duties of mine and quarry owners. 12.—(1) It shall be the duty of the owner of every mine and quarry to secure that the mine or quarry is planned, laid out, managed and worked in accordance with this Act and with the orders and regulations and to comply with all requirements thereunder. (2) The owner shall give written instructions to every person appointed by him for the purpose of securing the fulfilment of the owner's statutory duties defining that person's responsibilities. (3) The owner shall forthwith send a copy of such instructions to an inspector and to the manager of the mine or quarry. Mine Managers and other Officials Appointment, and general duties and powers, of mine managers. 13.—(1) Subject to this Part, no mine shall be worked unless there is a sole manager of the mine, being an individual duly appointed and having such qualifications as are required under this Part. (2) The manager of a mine shall have the management and control of the mine, exercisable subject to any instructions given to him by or on behalf of the owner, and shall also— (a) have the duty of securing the discharge by all others of obligations imposed on them with respect to the mine under this Act, and (b) have such duties with respect to the appointment of persons to carry out inspections of the mine and to be in charge of, or to supervise or conduct, operations thereat, and such other duties, and such powers, as are imposed or conferred on him under this Act. (3) It shall be the duty of the manager of every mine, with respect to each report, record or other item of information which, in pursuance of this Act or regulations, is entered in a book which by or by virtue of this Act is required to be provided for that purpose by the owner of the mine, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which either is of an abnormal or unusual nature as regards the mine or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the manager or any other person. (4) The manager of a mine shall be appointed by the owner who, if an individual, may appoint himself subject, in the case of a mine whereof the manager is under this Part required to hold qualifications for his office, to the possession by the owner of those qualifications. Rights of mine manager with respect to instructions given by or on behalf of owner. 14.—(1) Any instructions given to the manager of a mine by or on behalf of the owner, affecting the fulfilment by the manager of his statutory responsibilities, shall, so far as they are not written, be confirmed in writing, by the person by whom they were given, forthwith on the request of the manager. (2) Except in a case of emergency, neither the owner of a mine nor a person acting on his behalf shall, except with the consent of the manager, give, otherwise than through the manager, any instructions to a person employed at the mine who is responsible to the manager. (3) Where, in any excepted case, the owner of a mine or a person acting on his behalf gives instructions which would otherwise be required to be given through the manager, the person who gave the instructions shall forthwith inform the manager of the substance thereof and, on the request of the manager, confirm them in writing forthwith. (4) Where, in the case of a mine whereof the manager is under this Part required to hold qualifications for his office, instructions are given by or on behalf of the owner to the manager, or a person appointed by the manager in pursuance of this Act or regulations, then, if the manager is of opinion that the execution of the instructions would or might be likely to prejudice the safety or health of the persons employed at the mine (or any of them) or to impede him in the discharge, in relation to the mine, of any duty imposed on him by or by virtue of this Act, he may,— (a) in a case where the instructions are given to him, decline to execute them until they are confirmed in writing by a person qualified for appointment as manager of the mine who is authorised in writing by the owner to confirm instructions so given, (b) in any other case, direct that the instructions be not executed until they are so confirmed by such a person. (5) Subsection (4) shall not apply to instructions given by an owner of a mine who is an individual qualified for appointment as manager of such a mine or by such a person as is mentioned in paragraph (a) of that subsection. (6) Where, in the case of a mine to which subsection (4) applies, instructions are given and confirmed as therein mentioned, the document by which they are confirmed shall be preserved by the manager, and a copy of that document shall be preserved by the owner, in each case for three years after the instructions cease to be operative. Qualifications of mine manager. 15.—No person shall be qualified to be appointed or to be the manager of a mine at which more than fourteen persons are employed below ground unless he has attained such age, possesses such qualifications and satisfies such other conditions as may be prescribed. Daily supervision by mine managers. 16.—(1) No mine shall be worked unless daily personal supervision thereover is exercised by the manager or, during any period during which he is absent on leave or is prevented from exercising such supervision by sickness or other cause beyond his control, by a person appointed by the owner of the mine (and having such qualifications (if any) as may be prescribed) to exercise such supervision during any such period. (2) Subsection (1) shall not authorise the working of a mine under the supervision of a person other than the manager for any period exceeding seventy-two days (or such longer period as an inspector may allow). (3) A person appointed under subsection (1) shall, so far as regards any period during which he acts in exercise of his appointment, be treated for the purposes of this Act, orders made thereunder and regulations in all respects as if he were the manager of the mine but nothing in this subsection shall be construed as divesting the manager of any power, or relieving him from any duty or liability, conferred or imposed on him by or by virtue of this Act. Deputies. 17.—(1) Provision may be made by regulations— (a) for imposing, in relation to a mine, such requirements as to the carrying out, by competent persons (each of whom is in this Act referred to as a “deputy”) appointed for the purpose by the manager of the mine and having such qualifications as may be prescribed, of inspections of the mine as the Minister thinks proper to impose to secure the safety and health of the persons employed; (b) for providing that, subject to any exceptions for which provision may be made by the regulations, deputies shall have the immediate charge of the persons employed at the mine and of the operations carried on by them; (c) for prescribing any additional duties to be discharged by deputies and for requiring that, subject to any prescribed exceptions, deputies shall devote the whole of their time to the discharge of their duties; and (d) for requiring or authorising the delimitation in a mine of districts for the purpose of the discharge by deputies of their duties, for requiring that where districts are delimited no deputy shall have charge of more than one district and for relating to each district the duties of the deputy in charge of it. (2) It shall be the duty of the manager of the mine to secure that the number of deputies is sufficient to secure the efficient discharge of their duties. Other officials, engineers, technicians, etc. 18.—(1) It shall be the duty of the manager of every mine to appoint such number of officials, engineers and technicians and other competent persons as is sufficient (taking into account activities undertaken in person by the manager and by any persons so appointed) to secure— (a) the adequate inspection of the mine and its equipment, (b) the thorough supervision of all operations at the mine, and (c) the carrying on of the undertaking of the mine in conformity with this Act. (2) Regulations may require the manager of a mine to appoint such officials, engineers or technicians or other competent persons as may be prescribed, for the purpose of supervising, inspecting or conducting prescribed operations or matters, and the regulations may prescribe the qualifications to be held and the duties to be discharged by such persons. Duty of mine manager to ensure that persons appointed by him understand their duties. 19.—It shall be the duty of the manager of every mine to ensure to the best of his ability that every person appointed by him in pursuance of this Act or of regulations understands the nature and scope of his duties. Disqualification of contractors and their employees for appointment as managers or deputies of mines. 20.—Where a mine or any part thereof is worked, or any operations in a mine are carried on, by a contractor, and a person is under this Part required to hold qualifications for appointment as manager or deputy, neither the contractor nor a person employed by him shall be capable of being appointed to such office notwithstanding that, apart from this section, he is qualified for appointment thereto. Plans Plans. 21.—(1) Regulations may require the manager of a mine to keep at the office at the mine or at some other place approved by an inspector— (a) accurate plans of all the workings (whether abandoned or not) in the mine or within, or within a prescribed distance from, the boundaries of the mine or of such of those workings as may be prescribed, (b) accurate sections of the seams or veins for the time being worked in the mine and of all the strata overlying them, in such form and manner and complying with such conditions as may be prescribed. (2) It shall be the duty both of the owner and of the manager, and of such other persons as may be prescribed, to afford to the person preparing any plan or section all such information and facilities as he may need for the purpose. (3) Regulations may require, in the case of the abandonment or disuse of a mine or of a seam or vein in a mine, the owner to send to an inspector such plans and sections relating thereto and to the overlying strata, in such circumstances, within such time, in such form and manner and complying with such conditions as may be prescribed. Faulty plans. 22.—(1) If it appears to the Minister that— (a) any plan or section to which section 21 applies is inaccurate, incomplete, dilapidated or wholly or partly indecipherable or that a plan or section required to be sent to an inspector has not been sent within the prescribed time, and (b) that, in the interests of safety, it is desirable for a new plan or section to be made, the Minister may appoint a person (in this section referred to as “the surveyor”) to make a new plan or section. (2) The owner and the manager shall afford to the surveyor all such facilities and information as he may need. (3) The cost of making the new plan or section, or such part of the cost as the Minister thinks proper, shall be recoverable by the Minister from the owner. Quarry Managers and other Officials Appointment of quarry managers. 23.—(1) Subject to this Part, no quarry shall be worked unless there is a sole manager of the quarry, being an individual. (2) The manager shall be appointed by the owner who, if an individual, may appoint himself. General powers and duties of quarry managers. 24.—(1) Subject to section 25, the manager of a quarry shall have the management and control of the quarry, exercisable subject to any instructions given to him by or on behalf of the owner, and shall also have the duty of securing the discharge by all others of obligations imposed on them with respect to the quarry by or under the following provisions of this Part. (2) It shall be the duty of the manager of a quarry, with respect to each report, record or other item of information which in pursuance of this Act or regulations is entered in a book which by or by virtue of this Act is required to be provided for that purpose by the owner of the quarry, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which relates to a matter over which the management and control vested in him by this section extends and either is of an abnormal or unusual nature as regards the quarry or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the manager or any other person. Power of quarry owner to exclude matters from manager's control. 25.—(1) There shall be excepted from the management and control vested in the manager by section 24 any matter responsibility for which is for the time being reserved to himself by the owner by instrument in writing executed by him and lodged with the inspector and the manager shall not, as regards any matter so excepted, be concerned to secure compliance with any requirement imposed with respect to the quarry by or under this Act. (2) If the inspector is of opinion that reservation to the owner, by any such instrument, of responsibility for any particular matter is, or might be, likely to prejudice the safety or health of persons employed at the quarry, the inspector may, by notice served on the owner, direct that the instrument shall, to the extent of the reservation, be of no effect. (3) Nothing in subsection (1) shall be construed as authorising the divestment of, or as operating to divest, a manager of a quarry of any duty expressly imposed on him by or under the following provisions of this Part. (4) Where responsibility for any matter is for the time being duly reserved to the owner of a quarry, it shall be his duty, with respect to each such report, record or other item of information as aforesaid, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which relates to the matter responsibility for which is so reserved and either is of an abnormal or unusual nature as regards the quarry or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the owner or any other person. Rights of quarry manager with respect to instructions given by or on behalf of owner. 26.—(1) Any instructions given to the manager of a quarry by or on behalf of the owner, affecting the fulfilment by the manager of his statutory responsibilities shall, so far as they are not written, be confirmed in writing by the person by whom they were given forthwith on the request of the manager. (2) Except in a case of emergency, neither the owner of a quarry nor a person acting on his behalf shall, except with the consent of the manager, give, otherwise than through the manager, to a person employed at the quarry who is responsible to the manager, any instructions affecting the discharge of that person's duties in relation to a matter over which the management and control vested in the manager by section 24 extends. (3) Where, in any excepted case, the owner or a person acting on his behalf gives instructions which would otherwise be required to be given through the manager, the person who gave the instructions shall forthwith inform the manager of the substance thereof and, on the request of the manager, confirm them in writing forthwith. Supervision by quarry manager. 27.—(1) No quarry shall be worked unless close and effective supervision over all operations in progress thereat is exercised by the manager or, during any period during which he is absent on leave or is prevented from exercising such supervision by sickness or other cause beyond his control, by a person appointed by the owner to exercise such supervision during any such period. (2) Nothing in subsection (1) shall require the supervision to be exercised by the manager to extend to any operation in so far as it involves matters which, under section 25, are excepted from his management and control. (3) The person appointed shall, while so acting, be treated for the purposes of this Act in all respects as if he were the manager. (4) Nothing in subsection (3) shall divest the manager of any power, or relieve him from any duty or liability, conferred or imposed on him by or under this Act. Power to require qualified manager where certain quarrying operations are carried on. 28.—Regulations may prohibit the carrying on at a quarry of operations of a prescribed class unless the manager has prescribed qualifications, and any such regulations may— (a) provide for temporary exemptions from the prohibition to avoid, in the case of the manager's ceasing to hold office, sudden cessation of the carrying on at the quarry of operations of that class, and (b) provide that section 27 shall not authorise the appointment of any person to exercise supervision over such operations unless that person has the prescribed qualifications. Officials, etc. 29.—Regulations may require the appointment by owners or managers of quarries, for the purpose of supervising, inspecting or conducting prescribed operations or matters, of such officials, engineers or technicians or other competent persons as may be prescribed, and the regulations may prescribe the qualifications to be held and the duties to be discharged by such persons. Provisions as to Appointments by Mine and Quarry Owners. Temporary appointments during vacancy in office of mine or quarry manager. 30.—(1) Where the manager of a mine or quarry dies, resigns or otherwise ceases to hold office, nothing in section 13 or 23 shall prevent the mine or quarry being worked at any time during a period not exceeding seventy-two days (or such longer period as an inspector may allow) until a successor is appointed, if at that time there is a person appointed by the owner to exercise and perform, in the event of the manager's ceasing to hold office, his powers and duties until a successor is appointed. (2) The person appointed shall, while so acting, be treated for the purposes of this Act in all respects as if he were the manager. Notification to inspector of appointments by mine or quarry owners. 31.—Forthwith after the appointment by the owner of a mine or quarry of a person to be a manager, or to exercise and perform the powers and duties of manager during a vacancy, or to exercise supervision during a period when the manager is absent or unable to exercise supervision, the owner shall give to the inspector notice, in such form as may be specified by the Minister, of the making of the appointment and of the name and address of the person appointed. PART III Safety, Health and Welfare (Mines) Shafts and Entrances Requirements as to shafts and outlets: mines of coal and other stratified minerals. 32.—(1) There must be in every mine of coal or other stratified mineral at least two shafts or outlets, with which every seam for the time being at work in the mine shall have a communication, so that such shafts or outlets shall afford separate means of ingress and egress available to the persons employed in every such seam, whether the shafts or outlets belong to the same mine or to more than one mine. (2) Such two shafts or outlets must not at any point be nearer to one another than fifteen yards, and there shall be between them a communication not less than four feet wide and four feet high. (3) Every part of the mine in which ten or more persons are employed at the same time shall be provided with at least two ways affording means of egress to the surface, and so arranged that, in the event of either becoming impassable at any point, the other will afford means of egress to the surface. (4) No person shall be precluded by any agreement from doing such acts as may be necessary for complying with the foregoing provisions of this section, or be liable under any contract to any injunction, damages, penalty, or forfeiture for doing such acts as may be necessary in order to comply therewith. (5) Regulations may provide that this section shall, with such exceptions, modifications and adaptations as may be prescribed, apply to any other class of mine. (6) Regulations may provide such further safeguards as the Minister may think proper to secure safe ingress and egress, including requirements as to the communications to be provided and maintained between shafts and outlets and limitations on the number of persons to be employed at any time in a place below ground from which there are not two separate, convenient and safe ways each leading to a different shaft or outlet. (7) Provision may be made by regulations or by a notice served by the Minister or an inspector on the owner of a mine for exempting the mine or any specified place therein from all or any of the requirements of this section or of regulations made thereunder. Provision of winding and haulage apparatus. 33.—(1) Every shaft and unwalkable outlet for the time being in use at a mine of coal or other stratified mineral for bringing persons to and from the surface shall be provided with apparatus for carrying persons between the top of the shaft, or surface entrance to the outlet, and the entrances to the workings and between those entrances themselves. (2) (a) Every shaft and unwalkable outlet for the time being in use at any other mine for bringing persons to and from the surface shall be provided with apparatus for carrying persons between the top of the shaft or surface entrance to the outlet and the entrances to the workings and between those entrances themselves, if the relevant distance exceeds one hundred and fifty feet. (b) In this subsection “relevant distance” means, in the case of a shaft, the distance between the top of the shaft and the bottom of the lowest entrance to the shaft provided for affording to persons access to the shaft and, in the case of an outlet, the distance between the point at which the outlet reaches the surface and the underground entrance provided for affording to persons access to the outlet which is furthest from that point. (c) An inspector may by notice served on the manager of a mine exempt from this subsection a shaft or outlet provided at the mine. (3) The apparatus shall comply with such requirements as may be prescribed. (4) The use of the apparatus shall be confined to the shaft or outlet, unless an inspector in any particular case, by notice served on the manager of the mine, consents to its use not being so confined. (5) All apparatus shall be properly maintained and, when not in use, kept constantly available for use. Securing of shafts and staple-pits. 34.—(1) Every mine shaft and staple-pit shall, save in so far as the natural conditions of the strata through which it passes render it unnecessary (either as to the whole or as to any part thereof) so to make it, be made secure, and shall be kept secure. In any prosecution for a contravention of this subsection it shall be a defence to prove that at the time of the alleged contravention no insecure part of that shaft or staple-pit was in use or was the site of any operations in progress by way of driving or extending the shaft or staple-pit. (2) Subsection (1) shall apply to unwalkable outlets at a mine as it applies to mine shafts. Safety precautions with respect to entrances to shafts, staple-pits and outlets. 35.—(1) The surface entrance to every mine shaft and every other entrance thereto (whether above or below ground), and every entrance to every staple-pit, shall be provided with an efficient enclosure or barrier so designed and constructed as to prevent any person from accidentally falling down the shaft or staple-pit or accidentally coming into contact with a moving part of any winding apparatus with which the shaft or staple-pit is provided. (2) Every enclosure or barrier shall be properly maintained and, where it or any part of it is removable or openable, the enclosure, barrier or part shall be kept securely in position or, as the case may be, securely closed save in so far as its removal or opening is necessary for the purpose of the use of the shaft or staple-pit, or the doing of work in, or the inspection of, or of anything in, the shaft or staple-pit. (3) Regulations may require such steps as may be prescribed to be taken for the purpose of preventing persons from accidentally entering outlets at mines or from accidentally coming into contact with moving parts of any apparatus therein. (4) For the purposes of this section so much of any superstructure provided at the top of a shaft as forms an extension thereof shall be deemed to form part of the shaft. (5) this section shall not apply to a shaft or outlet of, or staple-pit in, an abandoned mine or a mine which has not been worked for a period of twelve months, but, save as aforesaid, shall apply as well to shafts, outlets and staple-pits which are not in use as to shafts, outlets and staple-pits which are in use. Roads General provisions with respect to construction and maintenance of roads. 36.—(1) This section applies to every road in a mine. (2) Every road made after the commencement of this section shall be so made and maintained as to avoid sudden changes of direction, height, width and gradient, save in so far as the system of working the mine or the natural conditions of the strata therein render it inadvisable for reasons of safety to do so, or it is unnecessary to do so. (3) If, in the case of any road made before the commencement of this Act, an inspector is of opinion that any sudden change therein of direction, height, width or gradient ought to be eliminated, he may serve on the manager of the mine a notice requiring the manager to execute, within a specified period, such works as will eliminate that sudden change. (4) Every road, which is used at the beginning or end of a shift by not less than six persons shall be kept free from obstructions and the floor thereof shall be kept in good repair. (5) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under this section. (6) References in this section to changes of gradient shall be construed as including references to deviations (whether upwards or downwards) from the horizontal. (7) It shall be the duty of the manager of the mine to take such steps as may be necessary to comply with this section. Height and width of travelling roads. 37.—(1) Every travelling road shall be of adequate height and width and, if its height or width appears to an inspector to be inadequate, he may serve on the manager of the mine a notice requiring any specified alteration to be made. (2) (a) Every travelling road, made after the commencement of this subsection, which is used at the beginning or end of a shift by not less than ten persons for the purpose of walking to or from their working places, shall be not less than five feet six inches high throughout. (b) An inspector may, by notice served on the manager of a mine, exempt any road from this requirement. (3) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice served under subsection (1) of this section. Prohibition of use of vehicles and conveyors in roads not affording free movement. 38.—The manager of a mine— (a) shall not permit vehicles to run in any road therein unless neither the vehicles nor their loads, nor (if the vehicles run as part of rope haulage apparatus) the ropes to which they are attached, nor (if the vehicles are hauled by animals) the animals nor their harnesses rub against the roof or sides of the road, anything supporting the roof and sides of the road or either of them or anything in the road not provided for the purpose of controlling the vehicles or (in the case of vehicles which run as part of rope haulage apparatus) the ropes to which they are attached; (b) shall not permit a conveyor to be operated in any road therein unless neither the conveyor nor its load rubs against the roof or sides of the road, anything supporting the roof and sides of the road or either of them or anything in the road. Transport rules and regulations. 39.—(1) The manager of every mine shall make rules (in this section referred to as “transport rules”)— (a) specifying the maximum loads (by reference to weight, dimensions, number or other criteria) that may be carried in vehicles in any length of road in the mine and the maximum number of vehicles (according as to whether they are loaded or unloaded) that may be coupled together to run as a set or train in any length of road in the mine, (b) specifying the maximum speeds at which vehicles may run in any length of road in the mine, and (c) prohibiting the conveyance in roads in the mine of persons in vehicles or on conveyors except in such circumstances and in accordance with such conditions, if any, as may be specified in the rules and specifying precautions to be observed when persons are so conveyed, and may make such other rules as he thinks proper with respect to the use of vehicles and conveyors in the mine and the conditions under which they may be used. (2) (a) If an inspector is of opinion that transport rules require modification in any particular, he may serve on the manager of the mine a notice specifying the modification that, in his opinion, ought to be made, and requiring the manager, within a specified time, to modify the rules in accordance with the tenor of the notice. (b) The provisions of section 146 as to references upon notices served by inspectors shall apply to a notice under this subsection. (3) A transport rule which is inconsistent with the provisions of any regulation shall, to the extent of the inconsistency, be of no effect. (4) Regulations may require the provision of facilities for the carriage of persons through travelling roads in the interests of safety or to avoid excessive fatigue. Provisions for securing safety of foot-passengers in transport roads. 40.—(1) This section applies to every road in a mine, being a road in which run vehicles moved otherwise than by hand or by animal traction. (2) While such vehicles are moving in the road no person employed at the mine (other than an authorised person) shall, except in accordance with regulations, pass on foot along the road unless the movement of the vehicles is specially stopped to allow him to do so. (3) If the road is used at the beginning or end of a shift by not less than ten persons, it shall be the duty of the manager to fix a period or periods for the purpose of enabling them to walk in safety, and no person shal cause or permit a vehicle (whether loaded or not) to move, otherwise than by hand or by animal traction, in the road during a period so fixed. (4) Regulations may exempt from any of the foregoing requirements any road of a prescribed class in mines to which the regulations apply, and an inspector may, by notice served on the manager of a particular mine, exempt from any such requirement any road in that mine. (5) In any prosecution in respect of a person's passing along a road in contravention of subsection (2) it shall be a defence to prove that he had reasonable cause to believe that it might be necessary for repairs to be carried out forthwith in the road and was so passing to ascertain the nature or extent of the repairs. (6) Except with the written permission of the manager of a mine, no person shall, except in accordance with special regulations, accompany on foot below ground a vehicle which is moving as part of any rope haulage apparatus. (7) For the purposes of subsection (2), “authorised person” means, in relation to a road in a mine,— (a) an official of the mine; (b) a person employed in connection with the running of vehicles in that road; (c) a person engaged in, or in connection with, the carrying out in that road of repairs which it is necessary to carry out forthwith; or (d) a person engaged in carrying out, by virtue of the provisions of this Act relating to workmen's inspections or of any such agreement as is mentioned in those provisions, an inspection at the mine. Provision of refuge holes. 41.—(1) Subject to any prescribed exceptions, the manager of a mine shall not permit vehicles (not being vehicles moved by hand) to run in any length of road in the mine unless refuge holes are provided in prescribed positions in the road, beyond seventy-five feet of a working face served by it. (2) Every such refuge hole shall be of such dimensions and comply with such requirements as may be prescribed. (3) Every such refuge hole shall be kept free from obstruction. (4) In this section “working face” does not include a place in a road at which ripping or work of repair is in progress. Safety measures relating to use of vehicles. 42.—(1) So long as vehicles are used in a mine, there shall be provided, maintained and used, either in the mine or on the vehicles or both in the mine and on the vehicles, such safety devices as are necessary to prevent the occurrence of accidents to persons by vehicles running away; and every device shall be of a kind designed to assume automatically the position in which it operates for the purpose for which it is designed, save in a case where there is good reason for not providing a device of that kind. (2) All necessary precautions shall be taken to protect from injury, in the event of a vehicle running away, any person who, otherwise than as a matter of routine, is at work at a place in a mine through which a vehicle runs. Special Precautions for Winding and Rope Haulage Apparatus and Conveyors. Charge of winding and rope haulage apparatus when persons are carried. 43.—(1) No mechanically or gravity operated winding or rope haulage apparatus at a mine shall be operated for the carriage of persons except by a competent male person, who is at least twenty-two years of age, appointed by the manager; and it shall be the duty of the manager of every mine to appoint a sufficient number of competent male persons for the purpose. (2) It shall be the duty of the manager of a mine to secure that a person appointed under this section is in attendance at the mine to operate such apparatus so long as any person is below ground who it is intended should come out by means thereof. (3) An inspector may serve on the manager of a mine a notice requiring him to secure that, at such times as may be specified in the notice, the person in attendance is not charged with the duty of operating more than one set of apparatus. (4) Subject to any prescribed exceptions, no person appointed under this section shall be employed at a mine of coal or other stratified mineral for more than eight hours in any day on which his duties consist of, or include, the operation for the carriage of persons of mechanically or gravity operated winding apparatus at a shaft, and regulations may provide for limiting the number of hours for which any such person may be employed in any week. Charge of winding and rope haulage apparatus when persons are not carried. 44.—(1) No mechanically or gravity operated winding apparatus at a shaft or staple-pit shall be operated on an occasion when no persons are carried by means thereof except by, or under the constant supervision of, a competent male person who is at least twenty-one years of age. (2) No mechanically or gravity operated rope haulage apparatus at a mine shall be operated on any such occasion except by, or under the constant supervision of, a competent male person who is at least eighteen years of age. (3) An inspector may by notice served on the manager of a mine exempt any apparatus from subsection (2). Charge of conveyors at working faces. 45.—No conveyor shall be operated along a working face in a mine except by, or under the constant supervision of, a competent male person who is at least eighteen years of age. Signalling shafts and outlets. 46.—(1) Where winding or rope haulage apparatus is installed in a mine shaft or unwalkable outlet, effective means of transmitting audible and visible signals from each entrance for the time being in use to the place where the apparatus is operated shall be provided and maintained in every case where the distance between the highest and lowest entrances for the time being in use in the shaft, or between the terminal surface and underground entrances to the outlet, exceeds fifty feet. (2) Regulations may require means of transmitting signals between the entrances themselves to be provided and maintained. (3) Regulations may require— (a) the prescribed signals to be transmitted in a prescribed code; (b) the manager of a mine to secure the attendance of persons, at prescribed times, for the purpose of transmitting and receiving signals. (4) For the purposes of this section— (a) so much of any superstructure at the top of a shaft as forms an extension thereof shall be deemed to form part of the shaft, and so much of a line of rails running through an outlet as lies between the point at wh …