South Africa Act or statute

Parliament of the Republic of South Africa

Mine Health and Safety Amendment Act

administrative decision appealsadministrative finesalternative workappealsappeals processcertificateschief executive officer dutiescollective agreementscommencementcommittee compositioncommittee governancecomplianceconfidentialityCompany lawdecision reviewdelegationdelegation of authoritydelegation of powersdisciplinary actiondispute resolutioneducation and trainingemployee medical surveillanceemployee safetyemployer complianceemployer dutiesEmployment lawfinesgazette noticeshealth and safetyhealth and safety researchimprisonmentinformation disclosureinspectioninspector instructionsinvestigationslegislative amendmentleviesmanager appointmentmine employment terminationmine managementmine operationsmine regulationmine safetymine safety compliancemine safety investigationsminingmining compliancemining governancemining health and safetymining operationsmining regulationministerial reportingmisuse of informationoffencespenaltiesprosecutionprotective equipmentreferral for prosecutionregistrationregulatory amendmentregulatory amendmentsregulatory compliancereportingresearch programmesstandards and qualificationsstatutory amendmentworkforce representationworkplace assignmentworkplace safety

Jurisdiction: South Africa
Structure: 48 provisions
Citation: Act 72 of 1997
Dates: Record updated 3 Dec 1997

More statute details

Dates: Record updated 3 Dec 1997

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This text publishes the Mine Health and Safety Amendment Act, 1997, and says the President assented to it.”

This text publishes the Mine Health and Safety Amendment Act, 1997, and says the President assented to it. If the employer is a body corporate and the mine has more than 50 employees, the report must be published and distributed to the body corporate’s shareholders and members. Chief executive officers must take reasonable steps to ensure the employer’s functions are properly performed, and may delegate functions to a controlled person without losing responsibility. The provision amends section 3 so that the mine must have one or more managers with prescribed qualifications, responsible for day-to-day management and operation, and their functions must not overlap if more than one manager is appointed. An employer may appoint any person, except a manager, to carry out functions assigned to the employer by sections 2 and 3.

How the instrument operates

01
Start with the recorded version

Record updated 3 Dec 1997. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

December 1997 No. 1628.

This text publishes the Mine Health and Safety Amendment Act, 1997, and says the President assented to it.

Section 3

Section 23 of the principal Act is hereby amended by the substitution for

This section amends a paragraph so that, where appropriate, an employee who left or refuses to work in a working place covered by subsection (1) may be assigned suitable alternative work.

Section 12

Section 55 of the principal Act is hereby amended by the substitution in subsection

This section amends section 55 so that an inspector who has reason to believe an owner or manager employer has not complied with the Act may issue a written instruction to take steps.

Section 24

Section 86 of the principal Act is hereb) amended—

Section 86 is amended so that negligent acts or omissions causing serious injury or serious illness at a mine, or endangering health or safety at a mine, are offences.

Section 35

The minciDal Act is hereby amended—

This section amends the MinciDal Act by replacing certain terms, and the amendment Act starts on a date set by the President in the Gazette.

Section 47

Source and current-law status

Source record view

Source record from www.parliament.gov.za · Record updated 3 Dec 1997

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 48 of 48 provisions

Substitution 39Amendment 7RepealShort title

§ 3December 1997 No. 1628.Amendment

This text publishes the Mine Health and Safety Amendment Act, 1997, and says the President assented to it.

3 December 1997 No. 1628. 3 Desember 1997 It to tht infOl_mL is hereby notified that the President has assented following Act which is hereby published for general ltion:— Hierby word bekend gemaak dat die President sy goedkeuring geheg het aan die onderstaandc Wet wat hierby ter algemene inligting gepubliseer word:— ~o. 72 of 1997: Mine Health and Safety Amendment Act. 1997. No. 72 van 1997: Wysigingswet op Gesondheid en Veiligheid 1 in Myne, 1997. ~ No 18488 Act No. 72.1997 cK3\’ERNhlEXT ~~ZETTE.3DEC~hlBER 1997 MJNE HE,ALTH AND SAFET}” .ANf ENDMENT ACT. 1 W7 GENERAL EXPLANATORY NOTE: I [ Words in bold type in square brackets indicate omissions from existing enactments. Words undedined with a solid line indicate insertions in existing enactments. ACT To amend the Mine Health and Safety Act, 1996, so as to provide for a s~stem of administrative fines; to further regulate the operation of the tripartite institutions; to provide for the participation of health and safety representatives responsible for a working place in an inquiry in respect of that working place; and to effect certain textual alterations: and to provide for matters connected therewith” (English text signed by the President. ) (Assented 1026 November 1997. ) B E IT ENTACTED by the Parliament of the Republic of South Africa. as follows:- Amendment of section 2 of Act 29 of 1996

Section 3Verify source

§ 1Section 2 of the Mine Health and Safety Act. 1996 (hereinafter referred to as theSubstitution

If the employer is a body corporate and the mine has more than 50 employees, the report must be published and distributed to the body corporate’s shareholders and members.

1. Section 2 of the Mine Health and Safety Act. 1996 (hereinafter referred to as the principal Act ), is hereby amended by the substitution for paragraph (d) of subsection (1) of the following paragraph: “fd) if the [owner] employer is a body corporate. and [the mine] employs more than 50 employees. publish and distribute the report referred to in paragraph (c). in an appropriate form. to the [mine ‘s] body corporate’s shareholders g members.”. Insertion of section 2A in Act 29 of 1996

Section 1Verify source

§ 2The following section is hereby inserted after section 2:Amendment

Chief executive officers must take reasonable steps to ensure the employer’s functions are properly performed, and may delegate functions to a controlled person without losing responsibility.

2. The following section is hereby inserted after section 2: “chief executive officer charged with certain functions 2A. ( 1 )Every chief executive c jicer must take reasonable steps to ensure that the functions of the employer as contem~lated in this Act, are properly performed. (~) Without derogating from any responsibility or liability of the chief executive ojicer in terms of subsection (1), the chief executive ojicer may entrust any function contemplated in the said subsection to any person under the control of the chief executive ojicer, which person must act subject to the control and directions of the chief executive ojicer 5 10 15 ..+’ 4 No. 18488 Act NO. 72, 1997 GOVERNMENT GAZETTE. 3 DECEMBER 1997 MINE HEALTH AND SAFETY AMENDMENT ACT, 1997 (3) If the employer is a body corporate, the functions of the chief execurive ojicer contemplated in subsections ( 1 ) and (2) may be performed by a member of the board of the body corporate designated by the board, (4) Subsections (1), (2) and (3) do not relieve an employer of any duty imposed on employers by this Act. (5) Every person appointed in terms of section 3 or 4( 1 ) must perform their functions subject to the control and direction of the chief executive qjicer or the person contemplated in subsection (3).”. 5 Amendment of section 3 of Act 29 of 1996

Section 2Verify source

§ 3Section 3 of the principal Act is hereby amended b} the substitution for paragraph 10Substitution

The provision amends section 3 so that the mine must have one or more managers with prescribed qualifications, responsible for day-to-day management and operation, and their functions must not overlap if more than one manager is appointed.

3. Section 3 of the principal Act is hereby amended b} the substitution for paragraph 10 (a) of subsection (1) of the following paragraph: “(a) appoint one or more managers with the qualifications as may be prescribed ~ be responsible for the day to day management and operation of the mine, and if more than one manager is appointed, ensure that the managers’ functions do not overlap;”, 15 Amendment of section 4 of Act 29 of 1996

Section 3Verify source

§ 4Section 4 of the principal Act is hereby amended by the substitution for subsectionSubstitution

An employer may appoint any person, except a manager, to carry out functions assigned to the employer by sections 2 and 3.

4. Section 4 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) An [owner] employer may appoint any person except a manager to perform any function entrusted to the [owner] emplo~er by sections 2 and 3 of 20 this Act.”. Substitution of section 5 of Act 19 of 1996

Section 4Verify source

§ 5The following section is hereby substituted for section 5 of the principal Act:Substitution

Employers must, so far as reasonably practicable, keep the workplace safe for employees and protect non-employees from mine-related hazards.

5. The following section is hereby substituted for section 5 of the principal Act: “Employer to maintain healthy and safe mine environment S. (I) [To the extent that it is] As far as reasonable practicable, every 25 [manager] employer must provide and maintain a working environment that is safe and without risk to the health of employees. (2) [To the extent that is] As far as reasonably practicable, every [manar2erl emnlover rnust— (a) (b) id&t~fy the relevant hazards and assess the related risks to which 30 persons who are not employees may be exposed; and ensure that persons who are not employees. but who may be directly affected by the activities at the mine, are not exposed to any hazards to their [health] health and [sa~e~] a.”. Amendment of section 6 of Act 29 of 1996

Section 5Verify source

§ 6Section 6 of the principal Act is hereby amended—Substitution

Employers must provide and keep health and safety equipment and facilities in good condition, and must instruct required PPE users on proper use and maintenance.

6. Section 6 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the foIlowing subsection: “(1 ) Every [manager] emplover must— (a) SUPply all necessary health and safe~ [facilities and] equipment and health and safeh facilities to each employee; and (b) [to the extent that is reasonably practicable] maintain, as far as reasonably practicable, that equipment and those facilities [and that equipment] in a serviceable and hygienic condition,”; and 35 40 (b) by the substitution for subsection (3) of the following subsection: “(3) Every [manager] employer must take reasonable [measures] 45 = to ensure that all employees who are required to use personal protective equipment are instructed in the proper use. the limitations and the appropriate maintenance of that equipment.”. 6 No. 18488 Act No. 72, 1997 GOVERNMENT GAZETTE. 3 DECEMBER 1997 MINE HEALTH AND SAFETY AMENDMENT ACT. 1997 Amendment of section 7 of Act 29 of 1996

Section 6Verify source

§ 7Section 7 of the principal Act is hereby arnended—Substitution

Employers must, as far as reasonably practicable, give appointed persons the means to comply with the Act and inspector instructions. Employers and managers may appoint qualified persons to perform their functions, but a manager stays responsible for duties imposed by the Act.

7. Section 7 of the principal Act is hereby arnended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “[To the extent that it is] As far as reasonably practicable, every 5 [manager] employer must—”; (b) by the substitution for paragraph (c) of subsection ( 1 ) of the following paragraph: “(c) [appoint persons and] provide [them] persons appointed under subsections (2) and (4) with the means to comply with the 10 requirements of this Acf and with any instruction given by an inspector:’”; (c) by the substitution for subsection (2) of the following subsection: “(2) [A manager] The emplover may appoint any person with qualifications as may be prescribed to perform any [aspect of the 15 functions assigned to managers by] function of the emplover in terms of this Act.”; and (d) b~ th=addition of the following subsections: . “(4 ) A manager may ap~oint any person with qualifications as may be prescribed to perform any function of the manager in terms of this Act. (5) The appointment of a person under subsection (4) does not relieve 20 the manager of any duty imposed on managers by this Act.”. Amendment of section 8 of Act 29 of 1996

Section 7Verify source

§ 8Section 8 of the principal Act is hereby amended by the substitution for paragraphSubstitution

The section is amended so the policy must cover non-employees who may be directly affected by activities at the mine.

8. Section 8 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection ( 1 ) of the following paragraph: 25 “(c) establishes a policy concerning the protection of persons who are not employees but who [are] may be directly affected by [mining] the acti~’ities at the mine; and”. Amendment of section 16 of Act 29 of 1996

Section 8Verify source

§ 9Section 16 of the principal Act is hereby amended by the deletion of paragraph (a)Amendment

This provision amends section 16 of the principal Act by deleting paragraph (a) of subsection (2).

9. Section 16 of the principal Act is hereby amended by the deletion of paragraph (a) 30 of subsection (2). Amendment of section 17 of Act 29 of 1996

Section 9Verify source

§ 10Section 17 of the principal Act is hereby amended by the substitution forSubstitution

When a mine employee covered by medical surveillance is terminated, the employer must arrange an exit medical examination.

10. Section 17 of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection: “(1 ) If an emplovee was subject to, or was required to be subject to, medical surveillance in terms of this Act and such employee h employment at a mine is terminated for any reason. the [manager] emplm’er must arrange an exit medical examination of the employee.”. 35 Amendment of section 20 of Act 29 of 1996

Section 10Verify source

§ 11Section 20 of the principal Act is hereby amended by the substitution forSubstitution

The relevant item must be lodged with the Medical inspector within 30 days of the decision or finding, unless a further prescribed period applies.

11. Section 20 of the principal Act is hereby amended by the substitution for 40 paragraph (a) of subsection (2) of the following paragraph: “(a) be lodged with the Medical inspector within 30 days of the relevant decision or finding. or such further period as may be prescribed, and”. Amendment of section 23 of Act 29 of 1996

Section 11Verify source

§ 12Section 23 of the principal Act is hereby amended by the substitution forSubstitution

This section amends a paragraph so that, where appropriate, an employee who left or refuses to work in a working place covered by subsection (1) may be assigned suitable alternative work.

12. Section 23 of the principal Act is hereby amended by the substitution for 45 paragraph (d) of subsection (2) of the following paragraph: “(d) where appropriate, the assignment to suitable [alternate] alternative work of any emplo?’ee who left, or refuses to work in. a working place contemplated in subsection ( 1); and”. s No. 18488 Act No. 72.1997 GOVERNMENT GAZETTE. 3 DECEMBER 1997 MINE HEALTH AND SAFET}’ AMENDMENT ACT. 1997 Amendment of section 26 of Act 29 of 1996

Section 12Verify source

§ 13Section 26 of the principal Act is hereby amended—Substitution

This section amends section 26 of the principal Act to require a dispute procedure for conciliation and arbitration, and to disapply the Chapter or related regulation where an agreement covers the same regulated matter.

13. Section 26 of the principal Act is hereby amended— (a) by the substitution for paragraph (k) of subsection (1) of the following paragraph: “(k) a procedure that provides for the conciliation and arbitration of disputes arising from the application or the interpretation of the collective agreement or any [provisions]” provision of this Chap- ter;”; and (b) by the substitution for subsection (4) of the following subsection: “(4) To the extent that an agreement concluded in terms of subsection (1) deals with any matter regulated by this Chapter or by any regulation regarding any matter regulated by this Chapter, the provisions of this Chapter or such regulation do not apply.”. 5 10 Amendment of section 30 of Act 29 of 1996

Section 13Verify source

Part

Chapter or such regulation do not apply.”.

§ 14Section 30 of the principal Act is hereby amended by the substitution forSubstitution

A health and safety representative may direct an employee to leave a workplace if conditions there appear, with reasonable justification, to pose a serious danger to that employee’s health and safety.

14. Section 30 of the principal Act is hereby amended by the substitution for 15 paragraph (b) of subsection (1) of the following paragraph: “(b) direct any employee to leave any working place whenever circumstances arise at that working place which, with reasonable justification, appears to the health and safeg representative to pose a serious danger to the health [and] ~ safe~’ of that employee;”. Amendment of section 33 of Act 29 of 1996

Section 14Verify source

§ 15Section 33 of the principal Act is hereby amended—Substitution

This section amends Section 33 of the principal Act to adjust how certain collective-agreement disputes are handled.

15. Section 33 of the principal Act is hereby amended— (a) by the substitution for paragraph (h) of subsection (l) of the following paragraph: “(h) a procedure that provides for the conciliation and arbitration of disputes arising from the application or interpretation of the collective agreement [in terms ofl or any [provisions] provision of this Chapter.’”; and (b) by the substitution for subsection (4) of the following subsection: “(4) To the extent that an agreement concluded in terms of subsection ( 1 ) deals with any matter regulated by this Chapter or by any re,gula[ion regarding any matter regulated by this Chapter, the provisions of this Chapter or such re~ulation do not apply.”. 20 25 30 Amendment of section 39 of Act 29 of 1996

Section 15Verify source

Part

Chapter or such re~ulation do not apply.”.

§ 16Section 39 of the principal Act is hereby amended by the substitution forSubstitution

If the commissioner decides information is required and it falls within section 38(a) or (b)(iii), the commissioner must weigh the harm of disclosure against the harm of not disclosing it.

16. Section 39 of the principal Act is hereby amended by the substitution for 35 subsection (6) of the following subsection: “(6) If the commissioner decides that the information is required and if it is information contemplated in section 38~(a) or (b)(iii), the commissioner must balance the harm that disclosure is likely to cause to an employee [or owner] or employer [other than the owner] or any other person who employs emplovees, against the ham that the failure to disclose the info~ation is likely to cause to the a~ility of health and safety representatives or members of the h~alth and safe~ committee to perform their functions effectively.”. Amendment of section 41 of Act 29 of 1996

Section 16Verify source

§ 17Section 41 of the principal Act is hereby amended—Substitution

This section amends section 41 of the principal Act to narrow and restate mining-industry qualifications and learning achievements, focusing on health and safety training and education.

17. Section 41 of the principal Act is hereby amended— (u) by the substitution for paragraph (a) of subsection (3) of the following paragraph: “(a) [the creation of a framework for] qualifications and learning achievements in the mining industry to improve health and safety standards through proper training and education;”; and (b) by the substitution for paragraph (c) of subsection (3) of the following paragraph: “(c) [linking the qualifications framework for the mining industry 40 45 50 lo N() 18488 (Y3VERNMEN TGAZETTE. 3 DECEMBER 1997 Act No. 72.1997 MINEHE,ALTHA NDS.4FETYA MENDMENTA(-T, 1997 to] proposals for the registration of education and training standards and qualifications in the mining industry on the National Qualifica- tions Framework referred to in the South African Qualifications Authority Act. 1995 (Act No, 58 of 1995).”’. ‘ Amendment of section 42 of Act 29 of 1996

Section 17Verify source

§ 18Section 42 of the principal Act is hereby amended—Substitution

This amendment lets the Council appoint ad hoc committees and subcommittees, and says the Council and its committees must follow the constitution and may delegate powers and duties under the Act in line with it.

18. Section 42 of the principal Act is hereby amended— (a) by the insertion of the following subsection after subsection (2): “(2A) The Cou,lci/ may appoint ad hoc and subcommlttees$ for any period and on any conditions.”: and (b) by the substitution for subsections (3) and (4) of the following subsections. 10 respectively: “(3) The Council [and the permanent committees of the Council] and its committees must govern themselves in accordance wi(b the constitution contemplated in section 97(3). (4) The Council may delegate any of its powers [or] and assign any of 15 its duties by or under this Act [to any of its committees] in accordance with the constitution contemplated in section 97(3).”. Amendment of section 43 of Act 29 of 1996

Section 18Verify source

§ 19Section 43 of the principal Act is hereby amended—Substitution

This section amends section 43 of the principal Act to update duties on health and safety at mines.

19. Section 43 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of the following paragraph: 20 “(a) advise tbe Minister on health and .sqfct! al mitles including. but not limited to, any [regulations] legislation on mine rehabilitation in so far as [they concern] it concerns he~lth and sgfe~; ”: (b) by the substitution for paragraph (e) of the following paragraph: “(e) at least once everv two years arrange and co-ordinate a tripartite 25 summit to review the state of healrh and sa~eq’ at nzi~le.y [at least once every two years; and]”; and (c) by the insertion of’ the following paragraph after paragraph (e): “( eA) annually consider an overall programme for relevant hea/rh and .mfeh’ research for approval as prescribed and deliver a copy to 30 the Minister of Finance for consideration: and”. Amendment of section 44 of Act 29 of 1996

Section 19Verify source

§ 20Section 44 of the principal Act is hereby amended—Substitution

Section 44 is amended so the Safety in Mines Research Advisory Committee must prepare the yearly overall programme for relevant health and safety research for the Council to consider.

20. Section 44 of the principal Act is hereby amended— (a) b~ the substitution for paragraph (b) of subsection (3) of the following paragraph: 35 “(b) the need for research into health [or] and safe? at mines:’ -: (b) by the substitution in subsection (4) for the first sentence of the following sentence: “[Each year the] The Safety in Mines Research Advisory Committee must prepare [an] the overall programme for relevant health and safeo 40 research for the Gn{ncil to consider.”: and (c) by the deletion of subsection (5). Amendment of section 45 of Act 29 of 1996

Section 20Verify source

§ 21Section 45 of the principal Act is hereby amended—Substitution

This section amends section 45 so that the Chief Inspector of Mines chairs the Mining Qualifications Authority, and the Authority and its committees must follow the constitution in section 97(4).

21. Section 45 of the principal Act is hereby amended— (a) by the substitution for paragraph (d) of subsection ( 1 ) of the foliou>ing 45 paragraph: “(d) the Chi<f lnspecfor gf Mines. wbo must chair the [meetings] Mining Qualifications Authority.”: and (b) by the substitution of subsection (3) of the following subsection: “(3) The Mining Qualifications Authority and its committees must 50 govern [itselfl themselves in accordance with the constitution contem- plated in section 97(4).”. / 12 No. 18488 Act No. 72, 1997 GOVERNMENT GAZETTE, 3 DECEMBER 1997 MINE HEALTH AND SAFETY AMENDMENT ACT, 1997 Amendment of section 46 of Act 29 of 1996

Section 21Verify source

§ 22Section 46 of the principaI Act is hereby amended—Substitution

This section amends Section 46 so that the Mining Qualifications Authority can be described as seeking registration and generating education and training standards and qualifications, and can delegate powers or assign duties under the Act.

22. Section 46 of the principaI Act is hereby amended— (a) by the substitution for paragraph (a) of subsection (1) of the following paragraph: “(a) seek registration in terms of the South African Qualifications Act, 1995 (Act No. 58 of 1995), as a body responsible for [establishing] generating education and training standards [or] and qualifications as contemplated in section 5( l)~u)(ii)(aa) of that-t;”; (b) by the substitution for paragraphs (c) and (d) of subsection (1) of the following paragraphs. respectively: “(c) propose education and training standards and qualifications to bodies registered with that Authority and responsible for [establish- ing] developing education and training standards; (d) [set educational] generate education and training standards [or] and qualifications in the mining industry; and”; and (c) by the subfiution for subsection (3) of the following subsection: “(3) The Mining Qualifications Authority may delegate any of its powers or assign any of its duties by or under this Act [to any of its committees] in accordance with the constitution contemplated in section ~.”. Amendment of section 54 of Act 29 of 1996

Section 22Verify source

§ 23Section 54 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This section amends section 54 so that an inspector may give instructions when a mine condition may endanger health or safety.

23. Section 54 of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “If an inspector [believes] has reason to believe that any occurrence, practice or condition at a mine endangers or may endanger the health or safezy of any person at the mine, the inspector may give any instruction necessary to protect the health or safety of persons at the mine, including but not limited to an instruction that—”. Amendment of section 55 of Act 29 of 1996

Section 23Verify source

§ 24Section 55 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This section amends section 55 so that an inspector who has reason to believe an owner or manager employer has not complied with the Act may issue a written instruction to take steps.

24. Section 55 of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: “If an inspector [believes] has reason to believe that an [owner or manager] emplover has failed to comply with [the provisions] any prevision of this Act, the inspecfor may instruct that [owner or manager] employer in writing to take any steps that the inspector—”. Insertion of sections 55A to 55H in Act 29 of 1996

Section 24Verify source

§ 25The following sections are hereby inserted in the principal Act after section 55:Amendment

Inspectors may recommend a fine against an employer, and if they do not, they must record and submit written reasons in specified cases.

25. The following sections are hereby inserted in the principal Act after section 55: 5 10 15 20 30 35 “Inspector’s powers to recommend fine 55A. (1) An inspector who has reason to believe that an employer has contravened or failed to comply with any provision contemplated in section 91( IB), may make a recommendation in writing to the Principal Inspector of Mines that a fine be imposed on the employer. (2) An inspecror who does not make a recommendation in circumstances contemplated in subsection ( 1), must record in writing the reasons for not making a recommendation and submit them to the Principal Inspector of Mines, if— (a) the contravention or failure— I I ‘1 40 45 (i) poses or posed a high risk of harm to employees or to persons who are not employees, but who may be directly affected by the activities at the mine; or (ii) concerns a category of non-compliance contemplated in the 50 guidelines issued in terms of section 55G; or (6) the employer has— 1-l No. I 848s Act No. 72, 1997 CiO\’ERNMENT GAZETTE, 3 DECEhlBER 1997 LIINL HEALTH AND SAFETY AMENDMENT ACT, 1997 (i) knowing]) exposed ernpioyees, or persons who are not empi[)y - ees. but who may be direct]? affected by activities at the mine, to a serious hazard that has artsen; or (ii) previously failed to comply with any provision of this Ac[. (3) The inspector concerned must provide a copy of the recommendation or record contemplated in subsection ( 1 ) or (2) to- (a) the empioyer; (b) the heaith and safe~ committee, or if there is no izeaith and s<fc~ committee. to any heaith and safer) representative responsible for the ~t’orking piuce in question; and (c) the representati~v trade uniml. or if there is no rei>resentatiiv trade anion, to every registered trade u}liol] with members at the mine. Principal Inspector of Mines may give further instructions

Section 25Verify source

§ 55BThe Principai Inspector of Mines may, after considering a recordAmendment

The Principal Inspector of Mines may refer certain matters to an attorney-general and, if no referral is made, may proceed with the fine process; employers must pay imposed fines, and the Chief Inspector must issue enforcement guidelines.

55B. The Principai Inspector of Mines may, after considering a record contemplated in section 55A(2). return the matter to the insi~ector concerned together with instructions that the inspector must recommend a fine as contemplated in section 55A( 1 ). in which case section 55A(3). read with the changes required by the context. applies. Principal Inspector of Mines may refer matter to attorney-general 5 10 15 55C. ( 1 ) The Princii)ai Inspector of Mines may. after consultation with 20 an attorney-general who has jurisdiction. refer a matter that forms the subject of a recommendation contemplated in section 55A and all other relevant information to the attorney-general if it appears that the ernpiover has committed an offence in terms of this Act or the common law. (2) The Principai Inspector of Mitles must in writing inform the ernpioyer, committee or a representative and the trade union as contem- plated in section 55A(3) of any referral under subsection ( 1). 25 (3) An ernpioyer may not be fined in terms of section 55D if the matter that forms the subject of a recommendation has been referred to an attorney-general in terms of this section or has formed the basis of a 30 prosecution instituted against the empioyer. (4) No prosecution concerning a matter that forms the subject of a recommendation may be instituted against an empioyer unless it has been referred to an attorney-general in terms of this section. (5) No representations made by an emi~ioyer in terms of section 55D may I 35 be used in any criminal or civil proceedings against such empiover. Principal Inspector of Mines may impose fine 55D. ( 1 ) If the Principal Inspec/or ofMi~~c,s does not refer a matter that forms the subject of a recommendation to an attorney-general. the Pri/lcii>al Insi]ector qfMines must— (a) disregard the recommendation: or (b) invite the empioyer. committee or a representative and the trade union as contemplated in section 55A(3) and the inspecfor concerned to make representations within the prescribed period. 40 (2) After considering the representations as contemplated in subsection 45 ( I )(b). the Principai Inspector q~Mines must— (a) disregard the recommendation: or (b) impose a fine not exceeding R200 000.00 on an empio~er in accordance with the guidelines issued in terms of section 55G. (3) The Primipai Insilector of Mines must provide a cop) of an) decision made in terms of subsection ( 1 )(a) or (2) to the Chief Insilec[or of Mines and to the empiayer. committee or a representative and the trade union as contemplated in section 55A(3), 50 16 No. 18488 Act No. 72, 1997 GOVERNMENT GAZETTE. 3 DECEMBER 19Y7 MINE HEALTH AND SAFETY AMENDME?JT ACT. 1997 Determination of employer’s liability 55E. (1) In determining for the purposes of sections 55A and 55D whether or not an emplover has contravened or failed to comply with any provision contemplated _in section 91( lB), the obligations placed on the employer by— (a) sections 2(l)(a) and (b). 5(1 ) and (2). 6(1 )(b). 7(1). 10(1) and (2), 11 (3). 21 ( 1 )(a), (b) and (c) and 21(3) and, (4) mus[ be regarded as excluding the limitation that the employer must only comply with the obligations as far as reasonably practicable; and (b) sections 2(2). 3(1 )(c), 4(3)(b) and 6(3) must be regarded as excluding the limitation that the employer is only required to take reasonable steps to comply with the obligations. (2) Subject to subsection ( 1). a fine may only be imposed under section 55D if it is established on a balance of probabilities that the emp[over contravened, or failed to comply with, a provision contemplated in section 91(1 B). (3) A recommendation to impose a fine under section 55A must be disregarded and a fine imposed under section 55D must be set aside, if it is established on a balance of probabilities that— (L’) in respect of a section referred to in, and as construed by. section (1 )(a). the employer had done what was reasonably practicable to comply with the section in question; in respect of a section referred to in, and as construed by. section (1 )(b). the employer had taken reasonable steps to comply with the section in question; in respect of any provision contemplated in section 91 ( IB )(a), except for a provision referred to in subsection ( 1 )(a) or (b) of this section. the employer’s failure to comply with the provision was not due to negligence on the part of the emplo.ye~ or in respect of any provision contemplated in section 91(1 B )(b). unless the provision provides otherwise, the employer’s failure to comply with the provision was not due to negligence on the part of the emplover. (b) (c) (d) Employer must pay fine 55F. (1) An employer must pay any fine imposed in terms of section 55D 35 to the Principal Inspector of Mines within the prescribed period. (2) If the emplover fails to pay the fine within the prescribed period. the Principal Inspector of Mines may apply to the Lubour Court for the fine to be made an order of that Court. Chief Inspector of Mines must issue guidelines 40 55G. ( 1 ) The Chief Inspector of Mines must. after consulting the Council, issue guidelines regarding— (a) the referral for criminal prosecution of any offence in terms of this Act or the common law; (b) the recommendation of fines by an inspector in terms of section 55A; 45 and (c) the imposition of fines and the appropriate levels of fines to be imposed in terms of section 55D. (2) The guidelines contemplated in subsection (1)(b) and (c) must— (a) provide that the effect of the employer’s conduct in respect of health and safe~ matters on the amount of a fine imposed in terms of section 55D, must be indicated, including the extent to which— (i) the employer’s compliance record, health and safe~ record or inadequate or no steps taken to rectify the problem has resulted in an increase of the fine; and 50 55 ix NII 18488 Act No. 72, 1997 GOVERNMENT GAZETTE. 3 DECEMBER 1997 MINE HEALTH AND SAFETY AMENDMENT ACT. 1997 (ii ) the implementation of a health and sqfe~ policy by the employer. the employer-s compliance record, health and safer> record or adequate steps taken to rectify the problem has resulted in a decrease of the fine; and ! (b) determine categories of non-compliance by employers for the pur- Is poses of section 55A(2). (3) In determining the categories contemplated in subsection (2)(b). the Chief Inspector qf Mines may differentiate between mines. types of mines. parts of a mine, occupations and types of work, Use of Fines 55H. ( 1 ) Money received by the Principal Inspertor ~f Mif]es in pavrnent of fines imposed in terms of section 55D must be paid to a fund established and controlled by the Council (~) The CoL{Jlci/ must with the agreement of the Mini.$;er. use the money in the fund for the promotion of /zeal(/? and sqfe(r in the mining industry. (3) The report of the Chief Inspertor ~f Mines referred to in section 49( 1 )(j) must reflect the financial affairs of the fund.”. 10 15 Amendment of section 57 of Act 29 of 1996

Section 55BVerify source

§ 27Section 57 of the principal Act is hereby amended—Substitution

This section amends section 57 to let certain people appeal an inspector’s decision to the Chief Inspector of Mines, except decisions under section 55A, and requires the appeal to be lodged within 30 days unless a further period is prescribed.

27. Section 57 of the principal Act is hereby amended— (a) by the substitution for subsection ( 1 ) of the following subsection: 20 “(1 ) Any person who is the subject of a decision of an inspect~jr. or at whose instance a decision of an inspeeror was taken. except a decision contemplated in section 55A, ma~ appeal against that decision to the Chief Inspector of Mines”: and (b) by the substitution for paragraph (a) of subsection (2) of the following 25 paragraph: “(a) be lodged with the (lief Inspector of Mines within 30 days of the decision. or such further period as may be prescribed; and’”. Insertion of section 57A in Act 29 of 1996

Section 27Verify source

§ 28The following section is hereby inserted in the principal .4ct after section 57: 30Substitution

A person adversely affected by a Principal Inspector of Mines decision may appeal to the Chief Inspector of Mines.

28. The following section is hereby inserted in the principal .4ct after section 57: 30 “Right to appeal against Principal Inspector of Mines’ decision 57A. ( 1 ) Any person adverselv affected by a decision of the Principa/ Inspector of Mines in terms of section 55D( 1 )(a) or (2) may appeal against that decision to the Chic-f Inspector qfMines, and section 57(2) and (3). read with the changes required by the context, applies to the appeal. (2) For the purposes of this section. a person contemplated in subsection ( 1 ) includes— (a) the employee (b) the health and safe[y committee; (c) any health and safeh representative responsible for the }t[~rking place in question: and (d) any re~istereci trade union with members at the mine.”. Substitution of section 59 of Act 29 of 1996

Section 28Verify source

§ 29The follov,lng section is hereby substituted for section 59 of the principal Act:Substitution

An appeal normally does not suspend the decision, but an appeal against a fine suspends payment while the appeal is pending, and the Labour Court may suspend the decision if there are reasonable grounds.

29. The follov,lng section is hereby substituted for section 59 of the principal Act: “Appeal does not suspend decision 35 40 I 45 59. (1) An appeal against a decision under either section 57. 57A or 58 does not suspend the decision. (2) Despite subsection (1 )— (a) an appeal in terms of section 57A or 58 against a decision to impose a fine suspends the obligation to pay the fine, pending the outcome of the 50 appeal; and 20 No. 18488 Act No. 72, 1997 GOVERNMENT GAZE7TE. 3 DECEMBER 1997 hlINE HEALTH Ah’D S.4FETY AMENDMENT ACT. 1997 ~ the L.abour Court may suspend the operation of the decision. pending the determination of the matter. if there are reasonable grounds for doing so.”. Amendment of section 60 of Act 29 of 1996

Section 29Verify source

§ 30Section 60 of the principal Act is hereby amended by the substitution for 5Substitution

The Chief Inspector of Mines must direct an inspector to investigate mine accidents or occurrences causing serious injury, serious illness, or death, and inspectors may investigate certain mine safety and compliance matters at any time.

30. Section 60 of the principal Act is hereby amended by the substitution for 5 subsections ( 1 ) and (2) of the following subsections, respectively: “(1 ) The Chief Inspector of A4ines must instruct an inspector to investigate any accident or occurrence at a mine that results in the [serious in@ry, serious illness or] death of any person. (2) At any time an inspector may investigate— 10 (a) any accident or occurrence at a mine that results in the serious injure or serious illness of any person: (b) any occurrence, practice or condition concerning health or sqfeo of persons at — [(b)](c) any actual or suspected contravention of. or failure to comply with, any 15 one or more mines; or — provision of this Act.”. Amendment of section 63 of Act 29 of 1996

Section 30Verify source

§ 31Section 63 of the principal Act is hereby amended by the substitution forSubstitution

The Chief inspector of Mines may, after consulting the appropriate Attorney-General, issue a certificate stopping prosecution for certain related contraventions; if issued, no related fine or disciplinary action may be imposed.

31. Section 63 of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection: “(1 ) For the purpose of enhancing the effectiveness of an investigation in terms 20 of section 60 the Chief inspector of Mines. in consultation with the appropriate Attorney-General, may issue a certificate that no prosecution may be instituted in respect of any [offence arising from] contravention of. or failure to comply with. a provision of this Act related to the event being investigated. If a certificate is issued, no fine in terms of section 55D or disciplinary action [arising from] related 25 to the event investigated may thereafter be imposed on or taken against any ~erson. ‘“. Amendment of section 69 of Act 29 of 1996

Section 31Verify source

§ 32Section 69 of the principal Act is hereb~ amended by the substitution forSubstitution

Section 69 is amended so paragraph (c) now refers to a health and safety representative for the workplace concerned.

32. Section 69 of the principal Act is hereb~ amended by the substitution for paragraph (c) of the following paragraph: “(c) [a] ~ health and safeg represetztati~e responsible for the ~~wrkin,g place in respect of which the inquiry is being held.”. Amendment of section 71 of Act 29 of 1996

Section 32Verify source

§ 33Section 71 of the principal Act is hereby amended by the substitution forSubstitution

The person presiding at an inquiry may direct that certain evidence cannot be used in specified proceedings, and a person with such a directive cannot refuse to answer a relevant question just because the answer might lead to criminal or disciplinary trouble.

33. Section 71 of the principal Act is hereby amended by the substitution for subsections (3) and (4) of the following subsections. respectively: “(3) The person presiding at an inquiry may direct that any evidence given by a person during an inquiry may not be used for the purposes of sections 55A to 55D, or any appeal relating to those sections. or in any criminal or disciplinary proceedings against that person except in criminal proceedings on a charge of perjury against that person. (4) When a directive has been issued under subsection (3), the person involved is not entitled to refuse to answer any relevant question only on the grounds that the answer could expose that person to a criminal charge, disciplinary proceedings or a recommendation under section 55A.”. Amendment of section 80 of Act 29 of 1996 30 35 40 45

Section 33Verify source

§ 34Section 80 of the Afrikaans text of the principal Act is hereby amended by theSubstitution

The Minister may, after consulting the Board and by notice in the Government Gazette, declare that certain occupational health and safety or other legal provisions apply to a mine.

34. Section 80 of the Afrikaans text of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection: “(1 ) Die Minister kan, na oorlegpleging met die Raad, by kennisgewing in die Staatskoerant. verklaar dat enige bepaling van die Wet op Beroepsgesondheid en Veiligheid, 1993 (Wet No. [181] 85 van 1993), of enige regulasie daarkragtens, of 50 die bepalings van enige ander we~of regulasie van toepassing is op ‘n myn.”. .—r .- .’) .- Nm 1848S GOVERNMENT GAZETtV3, 3 DECEMBER 1997 Act No. 72.1997 K41NE HE,4LTH AND SAFETY AhfENDMENT ACT. 1997 Amendment of section 86 of Act 29 of 1996

Section 34Verify source

§ 35Section 86 of the principal Act is hereb) amended—Substitution

Section 86 is amended so that negligent acts or omissions causing serious injury or serious illness at a mine, or endangering health or safety at a mine, are offences.

35. Section 86 of the principal Act is hereb) amended— (a) bj the substitution for subsection ( 1 ) of the following subsection: “(I ) Any person who. by a negligent act or by a negligent omission. [endangers the health or safety of a person at a mine or] causes 5 serious inju)~’ or serious illness to a person at a mine. commits an offence. ”: (b) by the substitution for subsection (2) of the following subsection: “(2) An~ person. other than an emplo>er or emp[ovce. who. by a nemli ment act or by a negligent omission. endangers the lze~lfh Or safet} 10 of a person at a mine. commits an offence. ”; and (CJ by the deletion of subsection (3). Amendment of section 87 of Act 29 of 1996

Section 35Verify source

§ 36Section 87 of the principal Act is hereby amended by the substitution forSubstitution

A person must not disclose information obtained while performing a function under this Act if it relates to an employer’s or similar person’s financial or business affairs.

36. Section 87 of the principal Act is hereby amended by the substitution for subsection ( I ) of the following subsection: 15 “( 1 ) Any person who discloses an~ information that they acquired in the perfomlance of a function in terms of rhis ACT and that relates to the financial and business affairs of an [owner or] emplojer or any other person who employs rnlplo}ve.s. commits m offence. ”. Amendment of section 91 of Act 29 of 1996

Section 36Verify source

§ 37Section 91 of the principal Act is hereby amended—Substitution

This section amends section 91 to create offences for non-compliance by persons other than employers, employers, and certain chief executive officers or board members, and it keeps employers liable to a section 55D fine with a limited exception.

37. Section 91 of the principal Act is hereby amended— (a) by the substitution for subsection ( 1 ) of the following subsection: “(1 ) Any person. other than an emplmer. commits an offence who contravenes. or fails to comply with. W— (a) [a] provision of this Acr; (b) [a] regulatimf [made under this Act]; or (c) [any] condition, suspension. notice. order. instruction. prohibition, authorisation. permission. consent. exemption, certificate or docu- ment determines. given. issued. promulgated or granted by or under this Act by the Minister, Chief Inspector qf Mines. inspector, [or] 30 any [other] person authorised under [this Act] section 49(4) or any person to whom an~ power has been delegated or tbe performance of an~ duty has been assigned under section 96.”; (h) the insertion after subsection ( 1 ) of the following subsections: “(1 A) An> enzplm’er who contravenes, or fails to comply with, section 35 62. 63(3). 71, 85.86.88.89 or 90 commits an offence. ( lB) Any employer is liable to a fine in terms of section 55D if the employer contravenes. or fails to comply with, any— (a) provision of this Acr, other than a provision referred to in subsection ( 1A). or any provision of Chapter 3 or section 83; 40 (b) regulation; or (c) condition. suspension, notice, order. instruction, prohibition. authorisation, permission. consent. exemption, certificate or docu- ment determined. given, issued, promulgated or granted by or under this Act by the Ministec Chief Inspector or A4iiles, inspector. any 45 person authorised under section 49(4) or any person to whom any power has been delegated or the performance of any duty has been assigned under section 96. ( lC) Despite subsection (l B). any ernpl~?’er who contravenes or fails to comply with an> standard in a code of practice prepared in terms of 50 section 9(2) is not liable to a fine in terms of section 55D if— 24 No. 1848ti GOVERNMENT GAZETTE. 3 DECEMBER 1997 Act NO. 72, 1997 MINE HEALTH Ah’D SAFETY AMEATDMENT ACT. 1997 (a) the standard exceeds any compulsory standard in any relevant guideline issued by the Chief Inspector of Mines; and (b) the conduct constituting the contravention or failure complies with the compulsory standard in any relevant guideline issued by the Chief Inspector of Mines.”; and (c) by the addition of the following subsection: “(4) Any chiefexecutive oficer or member of the board contemplated in section 2A who performs a function in terms of section 2A(1) or (3) commits an offence if that person fails to take reasonable steps in performing that function.”. Amendment of section 92 of Act 29 of 1996

Section 37Verify source

§ 38Section 92 of the principal Act is hereb! amended by the substitution in subsectionSubstitution

This provision amends section 92 of the principal Act by replacing the table in subsection (5) with a new table of maximum imprisonment terms.

38. Section 92 of the principal Act is hereb! amended by the substitution in subsection (5) for the Table of the following Table: “TABLE-MAXIMUM TERMS OF IMPRISONMENT Column 1 Column 2 Section under which convicted Maximum term of imprisonment ]5 — 16 — ?l(l J,(3) Or (4) >? --— ~~ — — 53 70 — 71 84 — 85 — 86 88 — 89 — 2 ~cms I yeLll- 2 \ Cdl’s _ 2 wars 2 vears 2 years ? vears 2 wars 1 vcar 3 vears ? vears 1 vear 901h)lII) or (c)(i) —. ? vears’” Amendment of section 96 of Act 29 of 1996 5 10 15 20 25 30 35

Section 38Verify source

§ 39Section 96 of the principal Act is hereby amended by the substitution forSubstitution

The Chief Inspector of Mines may delegate powers or assign duties to an inspector, another suitably knowledgeable person under the Chief Inspector’s control, or any other person after consulting the Council.

39. Section 96 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) The Chief Inspector of Mines may delegate any power or assign the performance of any duty conferred or imposed upon the Chief In.~pector of Mines 40 by or under this Act. or any other law. to- (a) any inspectofi [or] (b) any other person with appropriate knowledge and experience who is under the control of the Chief Inspector gfMines: or (c) any other person. after consulting the Cou~ci/. ”, 45 Amendment of section 97 of Act 29 of 1996

Section 39Verify source

§ 40Section 97 of the principal Act is hereby amended—Substitution

The Minister may add further Schedules to the Act after the required consultations and Gazette notice.

40. Section 97 of the principal Act is hereby amended— (a) by the substitution for subsections (3) and (4) of the following subsections. respectively: / t 20 No. 18488 GOVERNMENT GAZETTE. 3 DECEMBER 1+)7 Act No. 72, 1997 MINE HEALTH AND SAFETY AMENDMEh’T ACT. 1997 “(3) The Minister. after consulting the Council. by notice in the Gazette, may add to this Act a further Schedule containing the constitution of the Council and its [permanent committees. (4) The A4inisrev, after consufi~ng the C&mcil and the Mining Qualifications Authority, by notice in the Gazette may add to this Ac~ a further Schedule containing the constitution of the Mining Qualifications Authority and its committees.”: and (b) by the substitution in the Afrikaans text for subsection (6) of the following subsection: “(6) Die .&lini.~rer kan. na oorlegpleging met die Raad en in oorleg met die Minister van Gesondheid. by kennisgewing in die Staatskoerant ‘n verdere Bylae tot hierdie Wet byvoeg om die toepassing van die Wet op Bedryfsiektes in Myne en Bedrywe. 1973 (Wet No. 78 van 1973). te wysig of op te skort. behalwe met betrekking tot die bepaling of betaling van vergoeding, ”. Amendment of section 98 of Act 29 of 1996

Section 40Verify source

§ 41Section 98 of the principal Act is hereby amended—Substitution

This section amends section 98 to add provisions about mining health and safety accounts, levies, fines procedures, and regulation-making by the Minister.

41. Section 98 of the principal Act is hereby amended— (a) by the substitution for paragraph (JF) of subsection ( 1 ) of the Iollowing paragraph: “(zF) the establishment of one or more accounts and the control of those accounts by the Chief Inspectoy of Mines with a view’ to funding— ~ research and surveys regarding. and for the promotion of health and sufep at mines [and the control of these accounts by the Chief Inspector]; and (ii ) the administration costs of the overall programme for relevant health and safen research;”; (b) by the substitution for paragraph (cJ) of subsection ( 1 ) of the following paragraph: “(:J ) the payment of levies by mines on the basis of health and safeh risk for— (i_) research and surveys regarding. and for the promotion of health and safeh at mines; and (ii ) the administration costs of t=overall programme for relevant (c) by the addition of the following paragraph to subsection (1): health and safem research.”; “(zO ) the system of fines-contemplated in sections 55A to H. including re~ulations regarding forms and documents. periods of time. procedures. records to be kept and the payment of fines.”: and (d) by the substitution for subsection (7) of the following subsection: ‘L(7) The Minister. after consulting the Counci/. by notice in the Gazette may make re,gularions imposing any function of an [owner or inunager] emplmer on any [employer] person. other than the [owner] emplm’er. who employs employees.”. 5 10 15 20 25 30 35 40 Amendment of section 101 of Act 29 of 1996

Section 41Verify source

§ 42Section 101 of the principal Act is hereby amended by the deletion of subsectionAmendment

This provision amends section 101 of the principal Act by deleting subsection 45(1).

42. Section 101 of the principal Act is hereby amended by the deletion of subsection 45 (1), Amendment of section 102 of Act 29 of 1996

Section 42Verify source

§ 43Section 102 of the principal Act is hereby amended—Substitution

This section amends several definitions in Section 102 of the principal Act and confirms certain officials can issue or grant instruments under the Act.

43. Section 102 of the principal Act is hereby amended— (a) by the insertion after the definition of “biological monitoring” of the following definition: “ ‘chief executive officer’ means the person who is responsible for the overall management and control of the business of an employer:”: (b) by the substitution for the definition of “Depmment” of the following d&inition: “ ‘Department’ means the Department of [Mineral] Minerals and Energy [Affairs];”; 50 55 2s No. 18488 Act NO. 72, 1997 GOVERNMENT GAZEITE. 3 DECEMBER 1997 MINE HEALTH AND SAFETY AMENDMENT ACT, 1997 (c) by the substitution for the definition of “employer” of the following definition: “ ‘employer’ means [any person who employs employees] an— owner,”; (d) by the substitution of the definition of “inspector” of the following definition: 5 “ ‘inspector’ means an ojicer appointed in terms of section 49(1)(c). [and] a Medical Inspector and any Principal Inspector of Mines;”; (e) by the substitution for the definition of “Minister” of the following definition: “ ‘Minister’ means the Minister of [Mineral] Minerals and Energy [Affairs];”’; ~) by the substitution for the definition of “occupational disease” of the 10 following definition: “ ‘occupational disease’ means any health disorder including [an occupational disease] a compensatable disease as contemplated by the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 15 1973 ), [or] and an occupational disease contemplated by the Compen- sation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993):”; (g) by the substitution for the definition of “owner” of the following definition: “ ‘owner’— (@ in relation to a mine, means— [(a)] Q the holder of a prospecting permit or mining authorisation 20 issued under the Minerals Act; [or] [(b)] (Q if a prospecting permit or mining authorisation does not exist. the person for whom the activities contemplated in paragraph 25 (b) of the definition of ‘mine’ are undertaken. but excluding an independent contractor; or (iii) if neither (i) or (ii) is applicable, the last person who worked the mine or that person’s successor in title; and (b) in relation to a works, means the person who is undertaking the 30 activities contemplated in the definition of ‘works’, but excluding an independent contractor;”; (h} by the insertion after the definition of “prescribed” of the following definition: “ ‘Principal Inspector of Mines’ means the oficer appointed by the 35 Chief Inspector of Mines to be in charge of health and safe~ in any region established in terms of section 47(2);”; (i) by the substitution for paragraph (d) of the definition of “this Act” of the following paragraph: “(d) any condition, suspension, notice, order, instmction, prohibition. 40 authorisation, permission, consent, exemption, certificate or docu- ment determined. given, issued, promulgated or granted by or under this Act by the Ministe~ Chief Inspector of Mines, an inspector, any person authorised under section 49(4) or any person to whom a power has been delegated or the performance of a duty has been 45 assigned under section 96;”; and (j) by the inse~ion after the definition of “this Act” of the following definition: “ ‘topsoil’ means topsoil as defined in section 1 of the Minerals Act;”. Amendment of Schedule 2 to Act 29 of 1996

Section 43Verify source

§ 44Schedule 2 to the principal Act is hereby amended by the substitution for item (au) 50Substitution

This amendment replaces a schedule item so that at least half must be persons nominated by employers’ organisations whose members employ the majority of employees in the mining industry.

44. Schedule 2 to the principal Act is hereby amended by the substitution for item (au) 50 of subparagraph (ii) of paragraph (b) the following item: “(aa) at least half are persons nominated by an emplo~ers’ organisation or organisations [that] whose members employ the majont y of the employees in the mining industry; and”. 30 No. 18488 Act No. 72, 1997 GOVERNMENT GAZETTE. 3 DECEMBER 1997 MINE HEALTH AND SAFETY AMENDMENT ACT, 1997 Amendment of Schedule 3 to Act 29 of 1996

Section 44Verify source

§ 45Schedule 3 to the principal Act is hereby amended by the insertion in Part B afterAmendment

This section amends Schedule 3 of the principal Act by adding a new expression in Part B after an existing one.

45. Schedule 3 to the principal Act is hereby amended by the insertion in Part B after the expression “Mines and Works Act. 1956 (Act No. 27 of 1956)” of the following expression: “Atmospheric Pollution Act. 1965 (Act No. 45 of 1965)”. 5 Amendment of Schedule 4 to Act 29 of 1996

Section 45Verify source

§ 46Schedule 4 to the principal Act is hereby amended by the substitution for item 4Repeal

Certain regulations under the Minerals Act that concern health and safety may be amended under this Act, and they stay in force until they are amended or repealed.

46. Schedule 4 to the principal Act is hereby amended by the substitution for item 4 of the following item: “4. Any regulation made or deemed to be made under the Minerals Ac~ that relates to health and .wfe~ issues that can be regulated under this Act. may be 10 amended under [his Acr and remains in force until [amended or] repealed under this Act.”. Substitution of certain expressions in Act 29 of 1996

Section 46Verify source

§ 47The minciDal Act is hereby amended—Short title

This section amends the MinciDal Act by replacing certain terms, and the amendment Act starts on a date set by the President in the Gazette.

47. The minciDal Act is hereby amended— (a) (b) (c) (d) (e) (f) (g’) by the ‘&bstitution for ~he expression “Chief Inspector”. wherever it occurs. 15 of the expression “Chief Inspector of Mines”: by the substitution for the expression “Government Gazette”. wherever it occurs. of the expression “Gazette”: b~ the substitution for the expressions “mtwer”. “o~wer or an employer”. “owner or manager”, “ o w n e r or the emplo>’er”, ‘Scmwer, manager”. 20 “management” and “an o~tvzer or employer”. wherever they occur. of the expression “employer” ; by the substitution for the expressions “cwwers” and ‘‘ ovtw ers, employers and managers”, wherever they occur. of the expression “employers’”; by the substitution for the expression “manager”. wherever it occurs. except 25 in sections 3 and 4. of the expression “employer”; by the substitution for the expression “a manager”. wherever it occurs. except in sections 3 and 4. of the expression “an employer”; and by the substitution for the expression “managers’ “, wherever it occurs. except in sections 3 and 4 of the expression “employers’ “. 30 Short title and commencement 48. ( 1 ) This is the Mine Health and Safety Amendment Act. 1997. and comes into operation on a date fixed by the President by proclamation in the Gazette. (2) Section 46 must be regarded as having come into operation on 15 January 1997.

Section 47Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Afrikaans text of the principal Act
Section 34

G–M

5 instruments

MinciDal Act
Section 47
Mine Health and Safety Act
Section 1
Mine Health and Safety Act, 1996
Section 3
Minerals Act
Section 43
Mines 40 by or under this Act
Section 39

N–S

4 instruments

principal Act
Sections 9, 13, 15, 17, 19, 38, 42
Schedule 3 to Act
Section 44
Schedule 4 to Act
Section 45
South African Qualifications Act, 1995
Section 22

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

Explore more