| (a) |
ensure that the provisions of this Act are complied with and enforced and that every duty imposed upon the Chief Inspector of Mines, the Medical Inspector or inspectors in terms of any other law is performed; |
| (b) |
appoint an officer with the prescribed qualifications and experience as the Medical Inspector; |
| (c) |
appoint officers with the prescribed qualifications and experience as inspectors; |
| (d) |
administer the Mine Health and Safety Inspectorate; |
| (e) |
determine and implement policies to promote the health and safety of persons at mines and any person affected by mining activities; |
| (f) |
consult with the Council before issuing guidelines on the form, content and distribution of codes of practice referred to in section 9; |
[Section 9 requires any employer to prepare a code of practice.]
| (g) |
collect, process and distribute information relating to health and safety; |
| (h) |
advise the Minister on health or safety matters at mines; |
| (i) |
each year, after consulting the Council and with the approval of the Minister, publish and distribute a plan of action for the activities of the Mine Health and Safety Inspectorate; |
| (j) |
complete a report on health and safety at mines and the activities of the Mine Health and Safety Inspectorate for each year and submit the report to the Minister within three months of the end of the year concerned; |
[Section 49(1)(j) substituted by section 14(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (k) |
perform any duties relating to health or safety at mines that the Minister directs or prescribes; |
[Section 49(1)(k) substituted by section 14(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (l) |
develop and maintain an integrated mine health and safety database and reporting system; |
[Section 49(1)(l) inserted by section 14(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (m) |
conduct or commission relevant research and evaluate and publish the results of the research; and |
[Section 49(1)(m) inserted by section 14(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (n) |
provide logistical, administrative and technical support to the Council. |
[Section 49(1)(n) inserted by section 14(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (2) |
The Chief Inspector of Mines must furnish a prescribed certificate to the Medical Inspector and to each inspector. |
| (3) |
Despite the provisions of the Minerals and Petroleum Resources Development Act or any other law, the Chief Inspector of Mines— |
[Words preceding section 49(3)(a) inserted by section 14(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (a) |
has the power to monitor and control those environmental aspects at mines that affect, or may affect, the health or safety of employees or other persons; and |
| (b) |
must consult with the appropriate officer appointed in terms of the Minerals and Petroleum Resources Development Act concerning the exercise of those powers. |
[Section 4 of the Minerals Act deals with the appointment and functions of Directors: Mineral Development under the Department of Mineral and Energy Affairs.]
[Section 49(3)(b) substituted by section 14(e) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (4) |
To further the objectives of this Act the Chief Inspector of Mines may— |
| (a) |
enter into agreements with other persons; |
| (b) |
authorise a competent independent person to perform any or all the functions of an inspector; |
| (c) |
perform any act, whether in the Republic or elsewhere, that is calculated, directly or indirectly, to enhance the value of the services which the Mine Health and Safety Inspectorate renders, or perform any prescribed act; |
| (d) |
require all mines or groups of mines to prepare and implement a health and safety management system for mines; |
| (e) |
require all mines or groups of mines to prepare and implement a hazard management system for significant hazards mentioned under section 11; |
| (f) |
in consultation with the Minister and the Minister of Finance acquire or dispose of immovable property; |
| (g) |
hire, purchase or otherwise acquire any movable property and proprietary right, and lease or dispose of property; |
| (h) |
collaborate with any other body or institution or establish and control facilities for the collection and dissemination of scientific and technical information relating to health and safety at mines; |
| (i) |
collaborate with any educational, governmental or scientific body or institution in connection with the provision of instruction for, or the training of, persons required by the Mine Health and Safety Inspectorate; |
| (j) |
provide financial or other assistance in connection with the training of persons in so far as is necessary to ensure that a sufficient number of trained persons are available to enable the Mine Health and Safety Inspectorate to perform its functions efficiently; |
| (k) |
insure the Mine Health and Safety Inspectorate against any loss, damage, risk or liability; |
| (l) |
invest any of the money of the Mine Health and Safety Inspectorate; and |
| (m) |
institute or defend any legal action. |
[Section 49(4) substituted by section 14(f) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (5) |
The Chief Inspector of Mines must furnish a prescribed certificate to each person authorised under subsection (4)(b). |
| (6) |
The Chief lnspector of Mines must issue guidelines by notice in the Gazette. |
[Section 49(6) substituted by section 14(g) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
Public Service Commission Act, 1997
