THE COAL MINES REGULATION ACT, 1902-1926.

(No. 25 of 1902.)

(As amended by Acts No. 53 of 1904, No. 25 of 1915, and No. 36 of 1926.)

COAL MINES REGULATION.

No. 25 of 1902.

(As amended by No. 53 of 1904, No. 25 of 1915, and No. 36 of 1926.)

B

AN ACT relating to Coal Mines.

[Assented to 19th February, 1902.]

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows (that is to say) :

Preliminary.

1. This Act may be cited as the Coal Mines Regulation short title. Act, 1902-1926.

No, st o. 192t, sec. 24.

Act. No. 25 of 1:02.

2. This Act shall come into operation on the first day of Commencement of June, One thousand nine hundred and two.

Application of Act.
As amended by

No. 36 of 1920,

3. This Act shall apply to mines of coal, mines of shale, and mines of fire-clay; and in this Act, unless the context otherwise requires, the word "mine" or "mining" means a sec. 2. mine or mining to which this Act applies.

terms.

4. In this Act, unless the context otherwise requires, Interpretation of (a) "Boy" means a male under the age of nineteen

years:

(b) "Mine" includes every shaft in the course of being sunk, every tunnel, and every level and inclined plane in the course of being driven, and all the shafts, levels, planes, working places, works, tramways, and sidings, both below ground and above ground, in and adjacent to and belonging to a coal mine:

(c) "Miner" means any person employed in or about a coal mine:

(d) "Owner" when used in relation to any mine, means any person or persons or body corporate who is the immediate proprietor, or lessee, or occupier

As amended by No. 36 of 1926, sec. 3.

of any mine or of any part thereof, or any agent, or trustee, or trustees acting on behalf of owner, and does not include a person or body corporate who merely receives a royalty, rent, or fine from a mine, or is merely the proprietor of a mine subject to any lease, grant, or license for the working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine; but any contractor for the working of any mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but so as not to exempt the owner from any liability:

(e) "Plan" includes a correct copy or tracing of any original plan:

(f) "Regulations" means regulations under this Act: (g) "Shaft" includes pit:

(h) "Inspector" means Inspector of Mines or State Mining Engineer under this Act:

(i) "Minister" means the Minister of Mines:

(j) "Manager" means the manager or mining manager having the control and daily supervision of the

mine:

*(k) "Registrar" means Registrar of a Mining District.

Restriction on Employment.

5. (1.) Boys under the age of fourteen years and females employed in mines. shall not be employed in or about any mine.

Who shall not be

As amended by No. 36 of 1926, sec. 4.

(2.) No boy shall be employed in caging or uncaging trucks or skips in or at any shaft.

(3.) No boy shall be employed as a lander or bracemen in or at any shaft.

(4.) No person shall be employed for more than fortyeight hours in any week as a lander or braceman, nor more than eight hours in any twenty-four hours, except in cases of emergency.

(5.) No person shall be deemed to be guilty of an offence against this Act for a contravention of subsection four of this section, or of so much of the next following section as relates to the time for which persons shall not be employed below ground, if he proves that there were special circum

By the Mining Act, 1904, the Mineral Lands Act, 1892, was repealed, and mining districts are deemed to have been constituted and proclaimed mineral fields, and registrars of mining districts are deemed to have been appointed wardens, under the Mining Act, 1904.

stances to render such contravention necessary for the proper and safe working of the mine, and that such contravention was not injurious to the workmen employed in the mine.

representation as

(6.) If it appears that a boy was employed on the repre- Liability for missentation of his parent or guardian that he was of the age to age, etc. at which his employment would not be in contravention of this Act, and under the belief in good faith that he was of that age, the owner or manager of the mine and employer shall be exempted from any penalty, and the parent or guardian (as the case may be) shall, for the misrepresentation, be deemed guilty of an offence against this Act.

6. (1.) No person shall be employed below ground in any mine for more than eight consecutive hours at any time, or for more than forty-eight hours in any week, except in cases of emergency.

(2.) A person shall be deemed and is hereby held to be employed below ground and in the service of the owner of a mine, within the meaning of this Act, from the time that he commences to descend a mine until he returns to the surface.

(3.) The prohibition contained in this section shall not apply to the manager of a mine or to any overman, deputy, engineer, mechanic, electrician, or pumper.

Persons not to be ground more than

employed below eight hours on any

day.

As amended by No. 36 of 1926, sec. 5.

Regulation of in charge of

ployment of persons

machinery, etc.

As amended by No.

7. (1.) No person in charge of machinery on which steam, water, electricity, or air, or any two or more of them are used as a motive power in connection with any mine, or for the treatment of the products of any mine, shall be employed for 36 of 1926, sec. 6. more than eight consecutive hours at any time, or for more than eight hours in any twenty-four hours. Provided that sinking pumps, borers, and coal cutting machines shall not be deemed to be machinery within the meaning of this sub

section.

(2.) Such period of eight hours shall be exclusive of any time occupied in raising steam, or in drawing fires and exhausting steam in connection with the machinery in the charge of such person, and of any time in which such person is employed in case of breakage, emergency, or necessity.

8. Every person in charge as aforesaid who is guilty of Negligence. negligence by which any property is destroyed or damaged shall be guilty of an offence against this Act.

9. The owner or manager of every mine shall keep, in the Register to be kept office at the mine, a register, and shall cause to be entered in

of boys employed.