Mine Health and Safety Act, 1996 (Act 29 of 1996)
R 385
Explosives Act, 1956 (Act No. 26 of 1956)Explosives RegulationsChapter 13 : Appeals |
| 13.1 |
| 13.1.1 | Where, as provided in section 25 of the Act, any person is not satisfied with a decision or instruction given by an inspector, he may, within 14 days, lodge a written appeal with the Chief Inspector of Explosives. |
| 13.1.2 | The appellant may ask for either: |
| a) | the decision of the Chief Inspector of Explosives; or |
| b) | the decision of a special commission. |
| 13.2 | In either case, action shall be taken by the Chief Inspector of Explosives as soon as possible and either decision shall be final. |
| 13.3 | In applying for the decision of the Chief Inspector of Explosives the appellant shall file with the Chief Inspector of Explosives a written statement setting out the grounds upon which the appeal is based. |
| 13.4 | In applying for the decision of a special commission, the appellant shall deposit with the Chief Inspector of Explosives the sum of R100. |
| 13.5 | The special commission shall consist of five members, namely the chairman, who shall be the Chief Inspector of Explosives or his representative, two members appointed by the Chief Inspector of Explosives and two members appointed by the appellant. |
| 13.6 | In the event that the decision of the special commission is given against the appellant in any respect, the appellant may be ordered to pay the entire cost of this commission, or such proportion thereof as this commission may determine, as well as any fees payable to any witness who may have been summoned to appear, and the deposit lodged with the Chief Inspector of Explosives may be forfeited in whole or in part for these purposes. |
| 13.7 | In the event that the decision of the special commission is given in favour of the appellant the sum deposited by him shall be returned to him forthwith. |
| 13.8 | The members of such special commission, other than Government officials, shall each receive a remuneration of R6 per day with all reasonable travelling expenses while engaged in the actual examination. |
