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

Regulations

Mine Health and Safety Regulations

Chapter 7 : Inspectorate of Mine Health and Safety

 

7.1 Qualifications of inspectors

 

An officer must comply with the appointment requirements of the Personnel Administration Standard for the Occupational Class: Inspector: Mines or the Occupational Class: Inspector: Mining Machinery approved by the Public Service Commission read in conjunction with Public Service Staff Code K.II/I to be appointed as an inspector on the establishment of the Mine Health and Safety Inspectorate.

 

7.2        Authorisation Certificate

 

(1)
(a) The Chief Inspector must issue each inspector appointed in terms of section 49(1) with a certificate DME 34 signed by the Chief Inspector.
(b) The certificate which must include the names, identification number and a photograph of the inspector, must indicate—
(i) the position in which the inspector is employed; and
(ii) that the inspector may, in terms of section 50(1), enter any mine for the purposes of monitoring or enforcing compliance with this Act.

 

(2)        

(a) The Chief Inspector of Mines must issue each person authorised under section 49(4)(b) with a letter of authorisation and a certificate DME 35 signed by the Chief Inspector of Mines.
(b) The letter of authorisation must include—
(i) the names of the person;
(ii) the functions to be performed by the person;
(iii) the area in which the functions will be performed; and
(iv) the period for which the person is authorised.
(c) The certificate, which must include the names, identification number and a photograph of the, authorised person, must indicate that the person—
(i) is appointed to perform the functions of an inspector as indicated in the letter of authorisation; and
(ii) may, in terms of section 50, enter any mine to perform such functions.

 

(3) Every inspector appointed or person authorised under section 49(1) or 49(4) as the case may be, must at all times when entering, or performing any function at any mine—
(a) carry on their person, certificates DME 34 or 35 and the letter of authorisation issued in terms of regulation 7.2(2), as the case may be; and
(b) must show such certificate and letter to the manager of the mine or the person in charge of any working place at the mine, if requested to do so.

 

(4)        

(a) Despite regulations 7.2(1) to (3) the Principal Inspector of Mines may issue a letter, signed by the Principal Inspector of Mines to any inspector appointed or person authorised under section 49(1) or 49(4), as the case may be, who for any reason is not in possession of a certificate DME 34 or 35.
(b) The letter issued under regulation 7.2(4)(a) must include the names of the inspector or person and the official stamp of the office of the Principal Inspector of Mines and must state that the inspector or person is duly appointed or authorised under section 49(1) or 49(4), as the case may be.
(c) Regulation 7.2(3) is applicable to a letter issued under regulation 7.2(4).

 

(5) A certificate DME 34 or 35 or a letter contemplated in regulation 7.2(4) is deemed to be adequate proof of an appointment or authorisation under section 49(1) or 49(4), as the case may be.

 

[Chapter 7 substituted by regulation 3 of Notice No. R846 dated 21 June 1997]