Mines, Works and Machinery Act, 1960
Act 61 of 1960
- Commenced on 6 January 1961
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Mines, Works and Machinery Act, 1960.
2. InterpretationIn this Act, unless the context otherwise requires—“Commissioner” means the Commissioner of Mines appointed under the Mining Act, No. 5 of 1958;“Department” means the Department of Geological Survey and Mines;“inspector” includes a senior inspector and an assistant inspector and any person delegated by the Commissioner to act as a senior inspector, an inspector or an assistant inspector;“inspector of machinery” means an inspector appointed as such under section 3;“inspector of mines” means an inspector appointed as such under section 8 of the Mining Act, No. 5 of 1958;“machinery” means any engine, boiler or appliance or combination of appliances which is used or intended to be used for generating, developing, receiving, storing, converting, transforming or transmitting any form of power or energy, or for conveying persons, material or mineral;“mine” means and includes all excavations for the purpose of searching for or winning minerals, as well as the working of mineral deposits, whether abandoned or actually being worked on the surface, from the surface downwards and underground, together with all buildings, premises, erections, and appliances belonging or appertaining thereto above and below ground for the purpose of prospecting for or winning metals, minerals, or precious stones, by boring, excavating, dredging, or hydraulicing;“mineral” means and includes all substances (including mineral oils) which can be obtained from the earth by mining, digging, dredging, hydraulicing, quarry-ing, or other operations for purposes of profit;“Mining Act” means the Swaziland Mining Act, No. 5 of 1958;“Minister” means the Minister responsible for Mines;“owner” or “holder” in relation to a mine, works or machinery includes the lessee of the mine, works or machinery or any part thereof, and a tributor for the working of the mine or any part thereof, but does not include any person who owns only rights to the surface of the land on which a mine, works or machinery is situate;“Sundays”, “Christmas Day” and “Good Friday” means the period from twelve o’clock midnight on the day previous to any such day to twelve o’clock midnight on any such day;“works” means any place which is not a mine or part of a mine where any machinery is erected or used, and includes all dams, reservoirs and other appliances for conserving water, and any place where building or excavation work is carried on.
3. Appointment of officersThe Minister may designate public officers to be inspectors of machinery for carrying into effect the provisions of this Act.
4. Officers supervising mines, works and machineryThe supervision of all mines and works and machinery shall be exercised by the commissioner and, subject to the directions of the commissioner, by inspectors of mines and inspectors of machinery.
5. RegulationsThe Minister may make regulations in connection with—
6. Mine manager’s power to make rules
7. Sunday labourNo person shall perform any work, or cause or permit any work to be performed in or about any mine on Sundays, Christmas Day or Good Friday, other than—
8. Driving and use of connecting tunnels, shafts, inclines or excavations
9. Age, sex of employeeNo person shall employ underground in any mine or on any work considered dangerous by an inspector of mines or machinery on account of occupational disease, any male apparently under the age of eighteen years or any female.
10. Hours for youths
11. Hours for underground labour
12. Enquiries by inspectors on death or injuryIf an accident occurs at a mine or works causing or resulting in loss of life, or injury to any person involving incapacity to work for a period of fourteen days or more, an inspector of mines or machinery shall hold an enquiry into the cause of the accident, and where any other accident occurs at a mine or works, such inspector may hold such enquiry, in accordance with section 81 of the Mining Act, No. 5 of 1958.
13. Other enquiries by inspectorsIf an inspector of mines or machinery has reason to believe that any provision of this Act or the regulations thereunder or any rule made under section 6 has been contravened he may hold an enquiry into any such contravention; and if in the opinion of the commissioner it is for any reason expedient that an enquiry be held into any occurrence at a mine or works he may depute an inspector of mines or machinery or any other public officer to hold an enquiry into such occurrence.
14. Infliction of summary penalties
15. Power to enter upon and inspect mines, works, etc.Any inspector of mines, Government medical officer or inspector of machinery may enter upon any mine or works and inspect or examine it or any part thereof or any machinery thereon at any hour of the day or night, if he does not impede or obstruct the working of the mine or the carrying on of the works.
16. Dangerous or defective state of things — notice to remedy by inspectorsIf any inspector of mines or machinery or any Government medical officer finds at any mine or works that anything or any practice in any way connected therewith is dangerous or defective or that the absence of any thing or practice is calculated to cause bodily injury to or be injurious to the health of any person and no provision exists in any law, regulation or rule requiring any such thing to be done or not to be done, or requiring any such practice to be observed or forbidding any such practice, he shall give notice in writing to the manager of the mine or works stating the particular thing, matter or practice which he requires to be done or not to be done, or observed or discontinued, and may give such instructions relative thereto as he may deem expedient:Provided that an appeal shall lie to the commissioner against any decision or instruc-tion given under this section by any such inspector or officer.
17. Penalty for obstruction of officials of departmentAny person who wilfully obstructs or hinders any officer of the department in the discharge of his duty, or disobeys a lawful order given by any such officer, or refuses or neglects to furnish any such officer with the means and assistance necessary for making an entry, inspection, examination or inquiry under this Act or any regulation or to attend, when required, any such inspection or examination, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or, in default of payment thereof, to imprisonment not exceeding six months.
18. PenaltiesAny person who—
19. Endangering safety or causing serious bodily injury or deathIf any person is guilty of any act or omission whereby in or at any mine, works, or machinery—
20. IndemnityNo action or other legal proceedings whatsoever, civil or criminal shall be instituted in any court against the commissioner or other officer or any person acting under his authority 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
06 January 1961