Mine Safety Act, 1981
Act 4 of 1981
- Published in Government Gazette on 31 December 1981
- Assented to on 25 June 1981
- Commencement date unknown
- [This is the version of this document from 31 December 1981.]
- [This legislation was digitised using the Laws of Lesotho Volumes I – XLVII, which were produced by the Attorney General of Lesotho, as reference. As the volumes do not include precise publication dates, the last day of the year of publication has been used as the date of publication.]
Part I – Introductory
1. Short title and commencementThis Act may be cited as the Mine Safety Act 1981 and shall come into operation on such day as the Minister may, by and notice in the Gazette, appoint.
2. InterpretationIn this Act —"Chief Inspector" means the Chief Inspector of Mines appointed under section 8(1);"Commissioner" means the Commissioner of Mines;"inspector" means an Inspector of Mines appointed under section 8(1), and, where the context so permits, means also the Chief Inspector;"machinery" means any mechanical or electrical appliance or portion thereof employed for mining purposes;"manager" means the person appointed to be manager of a mine or a temporary manager appointed under section 6;"mine", when used to express a state or condition, means any place, excavation or working wherein or whereon any mining operation is carried on together with all buildings, premises, erections and appliances belonging or appertaining thereto above and below ground for the purpose of searching for, winning, treating or preparing minerals or obtaining or extracting any mineral or metal by any mode or method or for the purpose of dressing mineral ores;"mine", when used to express action, means intentionally to search for or win minerals and includes any operations which are necessary therefor or directly or indirectly necessary therefor or incidental thereto;"mineral" means any substance occurring naturally in or on the earth having been formed by or subjected to a geological process;"Minister" means the Minister responsible for mines;"owner" means the holder under the Mining Rights Act 1967 of prospecting or mining rights or his representative as appointed by him under section 5(1);"serious bodily injury" means an injury which involves, or in all probability will involve the permanent loss of the use of or injury to sight or hearing.
3. Act not to apply in certain cases
Part II – Mining operations, owners and managers
4. Notice of commencing etc. operationsThe owner of a mine shall, prior to commencing, re-commencing or abandoning mining operations, give at least 14 days' written notice thereof to the Chief Inspector and to the District Administrator of the district in which the mine is situated.
5. Appointment of owner's representative
6. Appointment of manager
7. Penalty for working mine without managerIf a mine is worked for more than 14 days without the control and supervision of a manager, the owner of the mine shall be liable to a fine of 50 rand and to a further fine of 25 rand for each day after the fourteenth during which the mine is so worked.
Part III – Inspectors
8. Appointment of Chief Inspector and inspectors
9. General powers of inspectors
10. Powers of authorised persons to enter etc.
11. Powers of inspectors to remedy dangerous practices and procedure to be followed
Part IV – Inquiries into accidents
12. Inquiries by Minister into accident causing death or serious injuryWhere an accident which occurs at a mine results—
13. Notice of occurrences and inquiries by Minister
14. Notice of, and inquiries into diseasesThe Minister may, by order, extend the application of section 13(1) to the contraction by a person employed at a mine of any such disease as may be specified in the order, and section 13 shall have effect as if such disease were an occurrence under that section.
15. Inquiries initiated by Chief Inspector
16. Procedure at inquiriesSection 4 to 9 of the Commissioners Powers Proclamation 1955 shall apply to any inquiry held pursuant to sections 12 to 15 of this Act as if the inquiry were a commission appointed under section 3 of that Proclamation, save that a subpoena issued under section 4 of the Proclamation may be in the form of a letter signed by the person or persons holding the inquiry and may be served in such manner as such person or persons may direct.[Proclamation 99 of 1955]
17. Supply of drinking waterThe owner and manager of a mine shall secure the provision and maintenance thereat at suitable points conveniently accessible to all persons employed at the mine of an adequate supply of wholesome drinking water.
18. Sanitary conveniences
19. First aidThe owner and manager of a mine shall secure the provision thereat of an adequate supply of drugs and dressings and of adequate facilities and equipment for the first aid or medical treatment of persons who, while employed in or about the mine, receive injury or become ill, and for their conveyance, where necessary, to hospitals and dispensaries.
20. Inspector may issue directions
Part VI – Employment provisions[Please note: numbering as in original.]
21. Registers of persons employed
22. Employment of young persons and women
Part VII – Regulations and instructions
23. RegulationsThe Minister may make regulations for all or any of the following purposes—
24. Code of instructions
25. Breach of code of instructions
Part VIII – Offences, penalties and proceedings
26. Obstruction or failure to assist officialsAny person who—
27. Failure to give notice and keep registers
28. Prohibition of employmentA manager who contravenes section 22 is guilty of an offence and liable to a fine of 600 rand and six months' imprisonment.
29. Duty and obligation of manager and defence available to him
30. Liability of both owner and manager
31. Endangering safetyIf any person is responsible for any act or omission, whereby in or at a mine—
32. Power of court to make orders
33. Limitation ofNo court shall take cognisance of an offence under this Act unless complaint thereof has been made—
Part IX – Miscellaneous
34. Notice on manager to be notice on ownerA notice given to or served upon the manager of a mine in pursuance of this Act shall be deemed to have been given to or served upon the owner of that mine.
35. Immediate notice and objection
36. Service of notices
37. Exemption from ActThe Minister may, by order, exempt from the operation of this Act or from any provisions thereof any mine or class of mines for such period and on such condition as he may think fit.
38. Immunity from actionNo action or other legal proceedings whatever, civil or criminal shall be instituted in any court against the Commissioner or an inspector or any person acting under authority of an inspector for or on account of or in respect of anything done in good faith and done or purported to be done in the execution of his duty under this Act.
History of this document
31 December 1981 this version
Published in Government Gazette number None
25 June 1981