B 26
[Subsidiary]
Duty regarding abandonment of mine.
L.N. 214/77.
CAP. 285] Mines (Safety) Regulations [1986 Ed.
102. Before a mine or any part of a mine is abandoned or closed down or rendered inaccessible, all underground plans shall be brought up to date, and copies thereof shall be deposited at the office of the Mines Division, Labour Department.
Obligation to remedy any dangerous practice.
Dangerous occurrences. L.N. 156/63. Second Schedule.
PART XII GENERAL
103. (1) Where in exercise of the powers conferred by section 44 of the Ordinance, a mines officer considers any mine or any matter, thing or practice in or connected with a mine to be dangerous or defective so as, in his opinion, to threaten or tend to the bodily injury of any person, he may give notice in writing thereof to the manager with a copy to the holder of the licence or lessee or his agent and shall state in such notice the particulars in which he considers such mine, matter, thing or practice to be dangerous or defective, and shall require the same to be remedied, either forthwith or within such time as he may specify, and may order work to be suspended until the danger is removed to his satisfaction.
(2) On receipt of the notice issued under paragraph (1), the manager shall comply therewith, or, if he intends to object thereto, he shall cease to use the said mine, or part thereof or thing or practice, as to which notice has been given, and shall forthwith withdraw all men from the danger indicated in such notice until such time as the matter is determined by the Superintendent of Mines:
Provided that if, in the opinion of the officer who made the order, there is no immediate danger, he may allow work to proceed during such period, under such restrictions and upon such conditions as he may specify in writing in order to ensure the safety of the workmen.
(3) (a) When the manager is aggrieved by the provisions of any notice given under paragraphs (1) and (2), he may within 7 days after the receipt thereof, state his objection in writing to the Superintendent of Mines and thereupon the matter shall be determined by the Superintendent of Mines or by such officer as he may appoint on that behalf. (b) The Superintendent of Mines, or such officer, when considering the objection may take cognizance of any reports bearing on the mine, thing or practice considered dangerous or defective and the degree of skill of those to be employed in the mine.
(4) Any manager aggrieved by a decision made under the provisions of paragraph (3) may, within 15 days of the notification to him of that decision, appeal to the Commissioner.
104. For the purposes of Part VIII of the Ordinance, a dangerous occurrence means any occurrence specified in the Second Schedule.
B 26
[Subsidiary]
Duty regarding abandonment of
mine.
L.N. 214/77.
CAP. 285]
Mines (Safety) Regulations
[1986 Ed.
102. Before a mine or any part of a mine is abandoned or closed down or rendered inaccessible, all underground plans shall be brought up to date, and copies thereof shall be deposited at the office of the Mines Division, Labour Department.
Obligation to remedy any dangerous practice.
Dangerous
occurrences. L.N. 156/63. Second Schedule.
PART XII
GENERAL
103. (1) Where in exercise of the powers conferred by sec- tion 44 of the Ordinance, a mines officer considers any mine or any matter, thing or practice in or connected with a mine to be dangerous or defective so as, in his opinion, to threaten or tend to the bodily injury of any person, he may give notice in writing thereof to the manager with a copy to the holder of the licence or lessee or his agent and shall state in such notice the particulars in which he considers such mine, matter, thing or practice to be dangerous or defective, and shall require the same to be remedied, either forthwith or within such time as he may specify, and may order work to be suspended until the danger is removed to his satisfaction.
(2) On receipt of the notice issued under paragraph (1), the manager shall comply therewith, or, if he intends to object thereto, he shall cease to use the said mine, or part thereof or thing or practice, as to which notice has been given, and shall forthwith withdraw all men from the danger indicated in such notice until such time as the matter is determined by the Superintendent of Mines:
Provided that if, in the opinion of the officer who made the order, there is no immediate danger, he may allow work to proceed during such period, under such restrictions and upon such condi- tions as he may specify in writing in order to ensure the safety of the workmen.
(3) (a) When the manager is aggrieved by the provisions of any notice given under paragraphs (1) and (2), he may within 7 days after the receipt thereof, state his objection in writing to the Superintendent of Mines and thereupon the matter shall be determined by the Superintendent of Mines or by such officer as he may appoint on that behalf. (b) The Superintendent of Mines, or such officer, when con- sidering the objection may take cognizance of any reports bearing on the mine, thing or practice considered dan- gerous or defective and the degree of skill of those to be employed in the mine.
(4) Any manager aggrieved by a decision made under the provisions of paragraph (3) may, within 15 days of the notification to him of that decision, appeal to the Commissioner.
104. For the purposes of Part VIII of the Ordinance, a dangerous occurrence means any occurrence specified in the Second Schedule.
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