Acts Online
GT Shield

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

Chapter 4 :Tripartite Institutions

42. Mine Health and Safety Council

 

(1) The Council consists of—
(a) five members representing employers in the mining industry;
(b) five members representing employees in the mining industry;
(c) four members representing departments of the State; and
(d) the Chief Inspector of Mines, who must chair the Council.

 

(2) The Minister must appoint the members of the Council in accordance with the regulations.

[Section 42(2) substituted by section 10(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

(2A) The Council may appoint members to committees, ad hoc, subcommittees and other committees, for any period of time and on any conditions.

[Section 42(2A) substituted by section 10(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

(2B) The structure and functions of any committee contemplated in subsection (2A) must be provided for in the constitution contemplated in section 97(3).

[Section 42(2B) inserted by section 10(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

(3) The Council and its committees must govern themselves in accordance with the constitution contemplated in section 97(3).

[Section 97(3) empowers the Minister, after consulting the Council and by notice in the Gazette, to add a Schedule containing the constitution of the Council and its committees.]

 

(4) The Council may delegate any of its powers and assign any of its duties by or under this Act in accordance with the constitution contemplated in section 97(3).

 

(5) A delegation or an assignment under subsection (4)—
(a) must be in writing;
(b) may be subject to such conditions and restrictions as the Council may determine; and
(c) does not prevent the exercise of that power or the performance of that duty by the Council.

 

(6) Members of the Council, or of a committee of the Council, are each entitled to have their views reflected in any report of the Council or committee, as the case may be.

 

(7) Each year, the Minister, with the agreement of the Minister of Finance, must provide sufficient funds for the administration of the Council, and committees of the Council, from public funds.