Coal Mines Regulation. (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 circumstances to render such contravention necessary for the proper working of the mine, and that such contravention was not injurious to the workmen employed in the mine. (6.) If it appears that a boy was employed on the representation of his parent or guardian that he was of the age 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. Liability for misage, etc. representation as to See N.S.W. 60 Vict., See Vic. 50 & 51 Persons not to be employed below ground more than eight hours on any (2.) A person shall be deemed and is hereby held to be day. 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 or deputy. 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 more than eight consecutive hours at any time, or for more than eight hours in any twenty-four hours. (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. Regulation of employment of persons in charge of machinery, etc. EVERY person in charge as aforesaid who is guilty of negligence by which any property is destroyed or damaged shall be Negligence. guilty of an offence against this Act. 9. THE owner or manager of every mine shall keep, in the office at the mine, a register, and shall cause to be entered in that register, in such form as the regulations prescribe or sanction, the Register to be kept of boys employed. See Vic. 50 & 51, name Vict., c. 58, s. 8. Coal Mines Regulation. name, age, residence, and date of first employment of all boys over fourteen years of age employed in the mine below ground, and of all boys employed above ground in connection with the mine, and shall, on request, produce the register to any inspector under this Act. 10. (1.) IF any person contravenes or fails to comply with, or Penalty for employ permits any person to contravene or fail to comply with, any provision of this Act with respect to the employment of boys, or to the register of boys, he shall be guilty of an offence against this Act. contravention of Act. ment of wages at (2.) In the event of any such contravention or non-compliance by any person whomsoever, the owner or manager of the mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means, by publishing, and to the best of his power enforcing, the provisions of this Act to prevent the contravention or noncompliance. Wages. 11. (1.) NO wages shall be paid to any person employed in or Prohibition of pay about any mine at or within any public house or any place for the sale of any spirits, beer, wine, cider, or other spirituous or fermented liquor, or house of entertainment, or any office, garden, or place belonging or contiguous thereto or occupied therewith; and all wages shall be paid in cash. public houses, etc. See Vic. 50 & 51 Payment of persons employed in mines by weight. (2.) Every person who contravenes or fails to comply with, or permits any person to contravene or fail to comply with, this section, shall be guilty of an offence against this Act; and, in the event of any such contravention or non-compliance by any person whomsoever, the owner and manager of the mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means by publishing, and to the best of his power enforcing, the provisions of this section to prevent such contravention or non-compliance. 12. (1.) WHERE the amount of wages paid to any of the persons employed in a mine depends upon the amount of mineral gotten by them, those persons shall be paid according to the actual See N.S.W. 60 Vict., weight gotten by them of the mineral contracted to be gotten; and the mineral gotten by them shall be truly weighed at a place as near to the pit mouth as is reasonably practicable before being screened and cleaned. No. 12, s. 38. See Vic. 50 & 51 Nothing in this section shall preclude the owner or manager of the mine from agreeing with the persons employed in the mine that deductions shall be made in respect of stones or substances other than the mineral contracted to be gotten, which shall be sent out of the mine with the mineral contracted to be gotten, or in respect of any Coal Mines Regulation. any tubs or skips being improperly filled, in those cases where they are filled by the getter of the mineral or his drawer, or by the person immediately employed by him; such deductions being determined in such special mode as may be agreed upon between the owner and manager of the mine on the one hand and the persons employed in the mine on the other, or by some person appointed in that behalf by the owner or manager, or (if any check-weigher is stationed for this purpose as hereinafter mentioned) by such person and such check-weigher, or, in case of difference, by a third person to be mutually agreed on by the owner or manager of the mine on the one hand and the persons employed in the mine on the other, or, in default of agreement, appointed by a Resident Magistrate within the jurisdiction of which any shaft of the mine is situate; (2.) If any person contravenes or fails to comply with, or permits any person to contravene or fail to comply with, this section, he shall be guilty of an offence against this Act; and in the event of any such contravention or non-compliance by any person whomsoever, the owner or manager of the mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means by publishing, and to the best of his power enforcing, the provisions of this section to prevent the contravention or non-compliance. Penalty. (3.) Nothing in this Act shall be held to authorise or give "Standard weight" any power to any owner or manager of a mine to pay miners by the system illegal, method known as the standard weight system, and from and after N.S.W. ibid., s. 38, the commencement of this Act that system shall be and is hereby (3). abolished. 66 Average weight" (4.) Nothing in this Act shall prevent any company from making an agreement with its workmen for the system known as system not illegal. the "average weight" being accepted until such time as machinery can be procured to weigh the whole of the coal; such time shall not exceed a period of twelve months after the commencement of this Act for companies then at work; and all companies starting operations after such commencement shall be allowed a period not exceeding twelve months from the date of the starting of such operations to procure the necessary machinery. (5.) In the case of any mine or class of mines employing not more than twenty persons underground, where it is proved to the satisfaction of the Minister to be expedient that the persons employed therein should, upon the joint representation of the owner or owners of any such mine or class of mines and the said persons, be paid by any method other than that provided by this section, the Minister may, if he think fit, by order under his hand allow the same, either without conditions or during the time and on the conditions specified in the order. 13. Power to Ministers to sanction other methods of pay ment. N.S.W. ibid., s. 38 (4). Appointment on part of men and removal of checkweigher. Coal Mines Regulation. 13. (1.) THE persons who are employed in a mine and are paid according to the weight of the mineral gotten by them may, at their own cost, station a person (in this Act referred to as a "checkweigher") at each place appointed for the weighing of the mineral, See N.S.W.60 Vict., and at each place appointed for determining the deductions, in order that he may, on behalf of the persons by whom he is so stationed, 51 Viet., c. 28, s. 13. take a correct account of the weight of the mineral or determine correctly the deductions, as the case may be. No. 12, s. 40. See Vic. Nos. 50 & N.S.W. (2.) A check-weigher shall have every facility afforded him for enabling him to fulfil the duties for which he is stationed, including facilities for examining and testing the weighing machine, and checking the taring of tubs, skips, and trams where necessary (and including also the continuous weighing of the coal); and if at any time proper facilities are not afforded to a check-weigher as required by this section, the manager of the mine shall be guilty of an offence against this Act, unless he proves that he had taken all reasonable means to enforce, to the best of his power, the requirements of this section. (3.) A check-weigher shall not be authorised in any way to impede or interrupt the working of the mine, or to interfere with the weighing, or with any of the workmen, or with the management of the mine; but shall be authorised only to fulfil the duties in the two preceding subsections mentioned, and the absence of a check-weigher from the place at which he is stationed shall not be a reason for interrupting or delaying the weighing or the determination of deductions at such place respectively, but the same shall be done or made by the person appointed in that behalf by the owner or manager, unless the absent check-weigher had reasonable ground to suppose that the weighing or the determination of the deductions, as the case may be, would not be proceeded with: Provided always, that nothing in this section shall prevent a checkweigher giving to any workman an account of the mineral contracted to be gotten by him, or information with respect to the weighing or the weighing machine, or the taring of the tubs or trams, or with respect to the deductions, or any other matter within the scope of his duties as check-weigher; so always, nevertheless, that the working of the mine be not interrupted or impeded. (4.) If the owner or manager of the mine desires the removal of a check-weigher on the ground that the check-weigher has impeded or interrupted the working of the mine, or interfered with the weighing or with any of the workmen or with the management of the mine, or has, at the mine, to the detriment of the owner or manager, done anything beyond taking such account determining such deductions or giving such information as aforesaid, the owner or manager may complain to the nearest Court of petty sessions, who, if of the opinion that the owner or manager shows sufficient prima Coal Mines Regulation. prima facie ground for the removal of the check-weigher, shall call on the check-weigher to show cause against his removal. (5.) On the hearing of the case, the Court shall hear the parties, and if the Court thinks that, at the hearing, sufficient ground is shown by the owner or manager to justify the removal of the check-weigher, shall make a summary order for his removal, and the check-weigher shall thereupon be removed, but without prejudice to the stationing of another check-weigher in his place. (6.) The Court may, in every case, make such order as to the costs of the proceedings as the Court may think just. (7.) If in pursuance of any order of exemption made by the Minister, the persons employed in a mine are paid by the measure or gauge of the material gotten by them, the provisions of this Act shall apply in like manner as if the term "weighing" included measuring and gauging, and the terms relating to weighing shall be construed accordingly. (8.) If the miners consider that the person appointed by the owner or manager improperly interferes with or alters the weighing machine or the tare in order to prevent a correct account being taken of the weighing and taring, they may complain to the owner or manager, and, if the owner or manager fails to remedy such complaint, the miners may then complain to the nearest Court of petty sessions, who, if of opinion that the miners show sufficient prima facie ground for the removal of the weigher, shall call on the weigher to show cause against his removal. (9.) On the hearing of the case, the Court shall first hear the parties, and if the Court thinks that, at the hearing, sufficient ground is shown by the owner or manager to justify the removal of the weigher, shall make a summary order for his removal, and the weigher shall thereupon be removed, but without prejudice to the stationing of another weigher in his place. (10.) The Court may, in every case, make such order as to the costs of the proceedings as the Court may think just. Remuneration of See N.S.W. 60 14. WHERE a check-weigher has been appointed by the majority, ascertained by ballot, of the persons employed in a mine check-weigher. who are paid according to the weight of the mineral gotten by them, and has acted as such, he may recover from any person for the time being employed at such mine, and so paid, his proportion of the check-weigher's wages or recompense, notwithstanding that any of the persons by whom the check-weigher was appointed may have left the mine or others have entered the same since the checkweigher's appointment, any rule of law or equity to the contrary notwithstanding. 15. Vict., c. 58, s. 14. |
