South Australian Consolidated Acts

MINES AND WORKS INSPECTION ACT 1920 - SECT 10

10—Powers of inspector on inspection

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

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

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

            (c)         he may examine into and make inquiry respecting—

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

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

                  (iii)         the ventilation and the air of the mine; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            (a)         to any owner, agent, or manager of a mine, if given orally or by notice in writing; or

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

        (3)         If—

            (a)         any owner, agent, or manager, or any other person, fails to comply with or acts in contravention of any order or direction given by an inspector under this Act; or

            (b)         any owner, agent, or manager of a mine permits or suffers any person employed in such mine to act in contravention of any order or direction given by an inspector under this Act,

he shall be liable to a penalty not exceeding, for a first offence, two thousand dollars, and for any subsequent offence, four thousand dollars and liable to a default penalty not exceeding two hundred dollars.

        (3a)         It shall be a defence to any proceeding for an offence under this section (except an offence arising from contravention of, or failure to comply with, an order or direction that is appealable under section 10A of this Act) if it is proved to the satisfaction of the court that such order or direction was not justified by the purpose for which such order or direction was given.

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

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

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