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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Schedules

Schedule 7 : Constitution of Mining Qualifications Authority

23. Amendments to Constitution

 

(1) If the Minister or the Authority wants to amend the constitution, the Minister or the Authority, as the case may be, must serve a proposal containing such amendments to the chairperson of the Council who must convene a meeting to consider the proposal.

 

(2) At such meeting the Council after consulting the Authority must consider the proposal and resolve either to—
(i) support the proposal as it is; or
(ii) support the proposal with certain amendments; or
(iii) oppose the proposal.

 

(3) The Council must submit its resolution and the comments or the proposal of the Authority, as the case may be, to the Minister.

 

(4) If the Council resolves to support the proposal with certain amendments or to oppose the proposal, the motivation for such resolution and the amendments, if any, must be included in the submission to the Minister.

 

(5) If the Authority wants the constitution to be amended—
(a) the proposal by the Authority is deemed to be consultation by the Council with the Authority contemplated in subitem (2); and
(b) the resolution of the Council on the proposal by the Authority is deemed to be consultation by the Minister with the Council as contemplated in section 97(1).

 

(6) If the Minister is not satisfied with the amendments or the motivation for the amendments, the Minister may refer the proposal back to the Council for further consideration.

 

[Section 97(1) read with 97(4) of this Act authorises the Minister to add to, change or replace this Constitution, after consultation with the Council and the Mining Qualifications Authority, by publication in the Gazette.]

 

 


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