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Fiji Legislation |
LAWS OF FIJI
[Ed. 1978]
CHAPTER 147
QUARRIES
Ordinances Nos. 17 of 1939, 2 of 1963, 45 of 1969.
AN ACT TO PROVIDE FOR THE BETTER REGULATION OF QUARRIES
[20th September, 1939.]
Short title
1.
This Act may be cited as the Quarries Act.
Application of Act
2.
This Act shall apply to every excavation and place (not being a mine) in which
persons work at the removal of rock, earth, clay,
sand, soil, gravel, limestone,
or such other common mineral substances as have been declared by the Minister
under section 2 of the
Mining Act, by notice in the Gazette, not to be minerals,
by means of explosives, and any tunnel in the construction of which explosives
are
used, and any rock-crushing or treatment plant which may be operated in
connexion with the operations hereinbefore mentioned or identical
operations
save that the work of removal is effected by means other than explosives, and
every such place is in this Act referred
to as a quarry:
(Cap. 146.)
Provided that this Act
shall not apply to any excavation or cutting for a thoroughfare or for the
foundations or the site of a building.
(Section amended by 2
of 1963, s. 2.)
Inspectors
3.
The inspectors under the Mining Act shall be inspectors of quarries under his
Act.
(Cap. 146.)
Regulations
4.-(1)
The Minister may make regulations-
(a) prescribing the powers and duties of inspectors;
(b) for the storage, handling and use of explosive substances;
(c) for securing the safety of workings and employees;
(d) for the prevention of nuisances of all kinds arising from quarrying operations and the treatment or crushing of any materials the product of quarrying operations;
(e) for the health of employees;
(f) for the reporting of accidents;
(g) for the surveys and plans of quarries;
(h) providing for the compilation of quarrying statistics, and for that purpose requiring the furnishing of periodical returns in the prescribed manner and form for each such period, the number of men employed, the quantity of material produced, together with other particulars as may be necessary;
(i) providing for the certification of quarrymen and for the fees to be charged in connection therewith; (Inserted by 45 of 1969.)
(j) generally for the carrying into effect of the provisions of this
(2)
The regulations may impose for any breach thereof a fine of two hundred dollars
or imprisonment for a term of six months.
Controlled by Ministry of Lands and Mineral Resources
________
[Subsidiary
Legislation]
CHAPTER 147
QUARRIES
SECTION 4-QUARRIES REGULATIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
REGULATION
1.
Short title
2.
Interpretation
2A. Mining safety
standards, etc., to apply to certain
quarries
2B. Power to waive or suspend
regulations in certain cases
PART II-INSPECTORS
3. Powers of
inspector
4. Record
Book
5. Obligation to remedy dangerous
practice
6.
Obstruction
7. Inquiry into
complaints
PART III-FOREMAN-IN-CHARGE
8. Foreman-in-charge of
quarry
9. Qualification of
foreman-in-charge
10. Quarryman's
certificate
11. Appointment of
foreman-in-charge to be reported
12.
Penalty
13.
Deputy
14. Duties of
foreman-in-charge
15. Change of
foreman to be notified
16.
Commencement, etc., of operations to be
notified
17. Daily supervision,
etc.
18. Copy of Regulations to be
available
PART IV-EMPLOYMENT AND ACCIDENTS
19. Record of
employees
20.
Children
21. Notification of
accident
22. Interference with scene
of accident
23. Inquiry into
accident
PART V-SAFETY AND PROTECTION
24.
Fencing
25. Filling-in may be
ordered
26. First-aid
outfit
27. Height of quarry
face
28.
Undercutting
29. Safety
helmets
30. Reasonable
precautions
31. Dangers to be
reported
32. Measures for
safety
33.
Life-lines
34. Wilful
damage
35.
Drunkenness
36. Guide ropes and
ladders to quarries be provided
37.
Wire ropes
38. Lights to be
carried
39. Stationary
lights
PART VI-MACHINERY
40. Maintenance of
machinery
41. Fencing of
machinery
42. Lighting of moving
machinery
43. Clothing of
employees
44. Repairing, etc., of
machinery in motion
45.
Belts
46. Unauthorised
entry
47. Air
compressors
48. Gauges and safety
valves
49. Compressed air receivers to
be tested
50. Person in
control
51. Steam
boilers
PART VII- EXPLOSIVES
52. Explosives Regulations
to apply with certain
modifications
53. Distributing
magazine
PART VIII-HEALTH AND SANITATION
54.
Ventilation
55. Entry after
blasting
56. Engines not to be used in
tunnel, etc.
57.
Dust
58. Blowing out
hole
59. Water for
spraying
60.
Respirators
61. Drying of clothes,
etc.
62. Latrine accommodation,
etc.
63. Drinking water
PART IX-STATISTICAL RETURNS
64. Half-yearly statement
of operations
65. Monthly statement of
operations
66. Yearly return of
operations
PART X-PENALTY
67.
Penalty
Schedule
1-Forms
Schedule 2-Modifications of
the Provisions of Part XI of the Mining Regulations in their Application to and
in Relation to Prescribed
Undertakings
--------------------------
Regulations 23 November 1939, 11 February 1950, 30 January 1951, 8 October 1957, 23 September 1966, Legal Notices Nos. 25 of 1970, 112 of 1970, 225 of 1974, 96 of 1978, 119 of 1978, 91 of 1982
PART I-PRELIMINARY
Short Title
1. These Regulations may
be cited as the Quarries Regulations.
Interpretation
2.-(1) In these
Regulations, unless the context otherwise requires-
"agent" means a person acting on behalf of the owner or having the care or direction of a quarry or any part thereof or any works connected therewith;
"boiler" means any apparatus adapted to convert continuously any liquid into steam, vapour, or gas of a higher pressure than that of the atmosphere, together with all fittings and appurtenances including superheaters and economisers;
"Director" means the Director of Mines appointed under the provisions of the Mining Act;
(Cap. 146.)
"foreman-in-charge" means the person having immediate charge of the quarrying operations on, about or in any quarry and includes a quarry manager;
"machinery" means and includes all mechanical appliances of whatsoever kind used for any quarrying purpose;
"owner" in relation to a quarry includes a lessee, licensee or occupier of any quarry or part thereof;
"rock drill" means any machine worked by mechanical or electrical power, which is used for the purpose of drilling holes in a quarry;
"serious injury" means bodily injury of such a nature as would entitle the injured person to compensation under the provisions of the Workmen's Compensation Act, whether or not such person is a workman as defined in that Act;
(Cap. 94.)
"shaft" means any vertical or inclined way or opening downwards from the surface or from any underground or subterranean working, which is or might be used for winding, draining, travelling or ventilating purposes in connection with the working of the quarry; the term includes a winze which is or might be so used;
"tunnel" means any underground or subterranean passage way;
"winze" means any vertical or inclined way or opening downwards from underground or subterranean workings in a quarry;
"workings" includes all excavated portions of a quarry.
(Amended by Regulations 23 September 1966; Legal Notice 91 of I982)
(2) A reference in these
Regulations to a form by number is a reference to the form so numbered in
Schedule 1. (Inserted
by Legal Notice 91 of
1982)
Mining safety standards, etc., to apply to certain quarries
2A.-(1) The Director may,
by notice published in the Gazette, declare a quarry or a part of a quarry,
specified in the notice to be
a prescribed
undertaking.
(2) Subject to
paragraph (3), the provisions of Part XI of the Mining Regulations apply, in
addition to the provisions of these Regulations,
to and in relation to a
prescribed undertaking.
(3) For
the purpose of the application of the provisions of Part XI of the Mining
Regulations to and in relation to a prescribed undertaking-
(a) those provisions are modified as set out in Schedule 2; and
(b) expressions that occur-
(i) in those provisions as so applied (in this paragraph referred to as 'the applied provisions'); and
(ii) in those provisions as in force under the Mining Act (in this paragraph referred to as 'the original provisions'),
shall, unless the contrary intention appears, have in the applied provisions the same respective meanings as they have in the original provisions.
(Inserted by Legal Notice 91 of 1982.)
Power to waive or suspend regulations, in certain cases
2B. If, in the opinion of
an inspector, the observance of any provision of these Regulations or of Part XI
of the Mining Regulations
as applied by regulation 2A is not reasonably
practical in relation to a quarry, he may, by notice in writing to the owner of
that
quarry, waive or suspend the operation of that provision in relation to
that quarry, or any part of that quarry, for such period
and in such manner, and
subject to such conditions, as he considers appropriate.
(Inserted by Legal
Notice 91 of 1982.)
PART II-INSPECTORS
Powers of inspector
3. An inspector
may-
(a) make such examination and inquiry as are necessary to ascertain whether in the case of any quarry the provisions of these Regulations are being complied with;
(b) enter, inspect, and examine any quarry at all reasonable times by day and night, but so as not to impede or obstruct the working of the quarry;
(c) examine into and make inquiry respecting the state and condition of any boiler or other machinery, and, if in his opinion it is desirable to do so, report on the state of such boiler or machinery to the Chief Inspector under the Factories Act, who may take action under the provisions of that Act or any amendment or replacement thereof;
(Cap. 99)
(d) initiate and conduct prosecutions against persons offending against the provisions of these Regulations;
(e) appear at all inquiries held respecting accidents in quarries, and, if he thinks fit, call and examine and cross-examine witnesses; and
(f) exercise such other powers as are necessary for carrying these Regulations into effect.
Record Book
4.-(1) Whenever an
inspector has inspected a quarry or machinery in connection therewith, he shall
enter in a book known as the Record
Book to be kept on the quarry for that
purpose, his opinion, derived from the inspection of the actual condition of the
quarry or
machinery at the time of the inspection, and he shall also record what
alterations or requirements he thinks
necessary.
(2) Nothing contained
in or absent from such written report of an inspector shall be held to limit or
affect the responsibility of
the owner or foreman-in-charge under these
Regulations.
(3) The Record Book
to be kept at every quarry shall be kept solely for the purpose of entering
therein the reports and records required
by these Regulations, shall be open at
all reasonable times to the examination of an inspector, shall be kept in good
order and condition,
and all entries therein shall be written in
ink.
Obligation to remedy dangerous practice
5.-(1) If, in the opinion
of an inspector, any quarry or any works, matter, thing or practice in or
connected with quarrying operations
is dangerous or so defective that it may
cause bodily injury to or be detrimental to the welfare or health of any person,
or cause
injury to livestock, he shall give notice in writing thereof to the
owner of the quarry or his agent or the foreman-in-charge thereof
and shall
state in such notice the particulars in which he considers such quarry, works,
matter, thing or practice to be dangerous
or defective and shall require the
same to be remedied, either forthwith or within such time as he may specify, and
may order work
to be suspended until the danger or defect is removed to his
satisfaction.
(2) On receipt of
such notice the owner or his agent or foreman-in-charge shall comply therewith
or, if he objects thereto, he shall
immediately state his objection in writing
to the Director of Mines and inform the inspector thereof and shall, if so
ordered in
such notice, cease to use the said quarry, or part thereof, works,
matter, thing or practice to which such notice refers, and shall
withdraw all
men from the danger indicated by the inspector until such time as the objection
shall have been determined by the Director
of
Mines:
Provided that if, in the
opinion of the inspector, it is safe to do so, he may allow work to proceed
until the objection has been
determined, subject to such restrictions and
conditions to ensure safety as he shall consider necessary and shall specify in
writing.
(Inserted by Legal Notice 25 of 1970.)
Obstruction
6. Every person who
wilfully obstructs or uses insulting language to an inspector in the execution
of his duties under these Regulations,
and every owner, agent, or
foreman-in-charge of a quarry who refuses or neglects to furnish to the
inspector the means necessary
for making an entry, inspection, examination, the
inquiry under these Regulations in relation to such quarry shall be guilty of an
offence against these Regulations.
Inquiry into complaints
7. Upon any person
employed in a quarry making a complaint under these Regulations to an inspector
it shall be the duty of the inspector
forthwith to make inquiry into the
complaint and to take such other steps as he thinks necessary to investigate the
matter, and the
name of the informant shall not be divulged by the
inspector.
PART III-FOREMAN-IN-CHARGE
Foreman-in-charge of quarry
8.-(1) Every quarry shall
be under the control and supervision of a
foreman-in-charge:
Provided that
an inspector may, if he thinks fit, exempt any quarry from this
requirement.
(2) The
foreman-in-charge may be the owner or agent or some suitable person appointed by
such owner or agent.
Qualification of foreman-in-charge
9.-(1) No person shall be
employed or shall act in the capacity of foreman-in-charge of a quarry unless he
is the holder of a quarryman's
certificate granted by an inspector or other
person authorised in writing in that behalf by the Minister.
(Amended by Legal Notice 112 of 1970.)
Offences
(2) Any person who acts in
the capacity of foreman-in-charge of a quarry without being the holder of a
quarryman's certificate shall
be liable to a fine not exceeding $10 for each day
during which he so acts in the capacity of
foreman-in-charge.
(3) Any person
who employs any person, not being the holder of a quarryman's certificate in the
capacity of a foreman-in-charge of
a quarry shall be liable to a fine not
exceeding $10 for each day during which the employment in breach of this
paragraph continues.
(Inserted by Regulations 30 January 1951.)
Quarryman's certificate
10.-(1) Application for a
quarryman's certificate may be made to an inspector in accordance with Form 4
and shall be accompanied by
a fee of $10 and such inspector shall, if satisfied
on the information supplied in or enclosed with such application and after such
written or oral examination of an applicant as he considers necessary, that such
applicant-
(Form 4)
(a) has attained the age of 21 years;
(b) has had no less than two years' practical experience in quarrying;
(c) is fully conversant with the provisions of these Regulations and of all regulations made under the provisions of the Explosives Act relating to the handling, storage and use of explosives;
(Cap. 189.)
(d) is proficient in rendering first aid to injured persons; and
(e) is otherwise a fit and proper person to hold such a certificate,
sue
such applicant with a quarryman's certificate in the form prescribed in Form 5
and shall enter, or cause to be entered, the full
particulars thereof in a book,
to be known as the Register of Quarrymen's Certificates, to be kept at the
office of the Mines Department
in Suva.
(Form 5)
(2) A quarryman's
certificate shall, unless previously cancelled under the provisions of paragraph
(3), remain in force for a period
of two years from the date of issue thereof,
and may, on application being made to an inspector, accompanied by a fee of $3
and subject
to the applicant undergoing to the satisfaction of such inspector
such further written or oral examination as such inspector considers
necessary
and otherwise satisfying such inspector that he is a fit and proper person to
hold such a certificate, be extended for
further periods not exceeding two years
on each occasion.
(3) If, at any
time during the currency of any quarryman's certificate, the inspector becomes
satisfied that the holder thereof is
not, by reason of incompetence or bad
character or any serious breach of any of the provisions of these Regulations or
of any regulations
made under the provisions of the Explosives Act relating to
the handling, storage and use of explosives, a fit and proper person
to hold
such a certificate, the inspector may cancel such certificate and such
cancellation shall be sufficiently notified by written
notice to that effect
sent to the holder of such certificate at his last known place of address and by
publication in the Gazette.
(Cap. 189.)
(4) Any person aggrieved
by any decision of the inspector made under paragraph (3) may, within thirty
days of receipt of such decision,
appeal in writing from such decision to the
Mining Appeals Board who shall consider such appeal in accordance with the
procedure
applicable to appeals under the Mining Act.
(Cap. 146.)
(Regulation
inserted by Legal Notice 25 of 1970; para. (1) amended by Legal Notice 225 of
1974, 119 of 1978; 91 of 1982; para. (2)
amended by Legal Notice 225 of 1974,
119 of 1978.)
Appointment of foreman-in-charge to be reported
11.-(1) The appointment of
every foreman-in-charge shall be notified in writing by the person appointing
him to the inspector within
14 days after such
appointment.
(2) Every
foreman-in-charge shall, within seven days after he has assumed control and
supervision of the quarry, report the fact in
writing to the inspector, and
shall, on his relinquishing office, within seven days report the fact in like
manner.
Penalty
12. If any quarry is
worked for more than 14 days, except under the control and supervision of a
foreman-in-charge whose appointment
has been notified as aforesaid, the owner
and the agent of such quarry shall, unless such quarry has been exempted as
aforesaid,
each be liable to a fine not exceeding $10 for each day during which
such quarry is so worked.
Deputy
13. If any
foreman-in-charge is incapacitated from performing his duties or is about to be
absent from the quarry for more than 14
days, he, or the owner, or agent, shall
appoint some fit person to act as deputy foreman-in-charge during such
incapacity or absence,
and shall notify such appointment to an
inspector.
Duties of foreman-in-charge
14.-(1) The
foreman-in-charge of every quarry shall enforce the observance of these
Regulations in the quarry under his
charge.
(2) As soon as possible
after the occurrence of any breach of these Regulations, he shall report the
same, in writing, to the inspector,
whether such breach has been committed by a
person employed in the quarry or by any other
person.
(3) The foreman-in-charge,
owner and agent shall in every such case deemed guilty of an offence against
these Regulations unless such
foreman charge, owner or agent reports such breach
and proves to the satisfaction of the inspector that all reasonable means of
enforcing
the provisions of these Regulations, and of preventing such breach,
were taken.
(4) Notwithstanding
anything contained in paragraph (3), if the foreman-in-charge of any quarry or
any part thereof can prove that
the necessary means for carrying out the
provisions of these Regulations have been refused him by the owner of the quarry
or his
agent the owner of such quarry shall be guilty of an offence.
(Inserted by Legal
Notice 25 of 1970.)
Change of foreman to be notified
15. The owner of a quarry
shall, where the name of the owner, agent, foreman-in-charge of the quarry has
been changed, notify the
inspector in writing within seven days of the
change.
Commencement, etc., of operations to be notified
16. When operations in a
quarry are commenced, abandoned, discontinued or recommenced, notice of the fact
shall, within two weeks,
be given by the owner, agent or foreman-in-charge to
the inspector.
Daily supervision, etc.
17. In every quarry daily
personal supervision of all working parts of the quarry shall be exercised by
the foreman-in-charge or by
some competent person appointed by the owner, agent
or foreman-in-charge, and the foreman-in-charge of every quarry shall at least
once a week make a thorough inspection of every part of the quarry and shall
make and sign an entry in the prescribed Record Book
recording the facts which,
at the time of the inspection, he finds existing generally in the quarry in
regard to the safety of workings
and machinery and in regard to any other matter
which is, by these Regulations, or by an inspector, in writing, required to be
the
subject of record.
Copy of Regulations to be available
18.-(1) The owner or
foreman-in-charge shall ensure that a copy of these Regulations, and, if
explosives are used in the quarry, of
all regulations relating to the handling,
storage and use of explosives made under the provisions of the Explosives Act,
shall be
kept at the quarry and be available, at all reasonable times, for
examination by an inspector or by any person employed in the quarry.
(Cap. 189.)
(2) Every person who pulls
down, injures or defaces such copy of such Regulations or a notice displayed
pursuant to these Regulations
shall be guilty of an offence against these
Regulations and shall be liable to a fine not exceeding $10.
(Amended by Regulations 23 September 1966.)
PART IV-EMPLOYMENT AND ACCIDENTS
Record of employees
19. A complete record
shall be kept at every quarry of all persons employed in or about the
quarry.
Children
20.-(1) No male person
under the age of fourteen years shall be employed in or about a quarry, and no
male person under the age of
sixteen years shall be employed at the working face
of any quarry except with the written permission of an inspector, which
permission
shall not be given unless such inspector is satisfied that such
employment is carried out under a training programme approved by
him and subject
to such conditions as he may
specify.
(2) No female person
shall be employed at a quarry except on the surface in a technical, clerical or
domestic capacity or such other
capacity as requires the exercise of normal
feminine skill or dexterity but does not involve strenuous physical
effort.
(Substituted by Legal Notice 25 of 1970.)
Notification of accident
21.-(1) The
foreman-in-charge shall on the occurrence of any accident in the quarry attended
with loss of life or serious injury to
any person, forthwith give notice thereof
to an inspector and to the Commissioner of the Division in which the quarry is
situated.
(2) Any
foreman-in-charge who omits to give such notice shall, unless such notice was
given by the owner or agent, be guilty of an
offence against these
Regulations.
Interference with scene of accident
22. The place in which any
such accident has occurred shall not be interfered with, except with a view of
saving life or preventing
further injury, until it has been examined by an
inspector or in his absence by the Commissioner or two competent persons
appointed
by the
Commissioner:
Provided that where
immediate resumption of work in the place in which a fatal accident has occurred
is urgently necessary the persons
inspecting the place may, after making full
examination of the place, and taking the statements of witnesses and making a
report
of the result of such examination in the Record Book, give permission in
writing for such resumption.
Inquiry into accident
23. All inquiries into
accidents attended with serious injury to any person shall be held before the
Commissioner and two persons
experienced in mining or quarrying to be selected
by the Commissioner, or in default of such experienced persons, such other
suitable
persons as are available, who shall state what in their opinion was the
cause of the accident, and that opinion shall be forwarded
by to Commissioner to
an inspector.
PART V-SAFETY AND PROTECTION
Fencing
24. All places in and
about a quarry which from their nature are likely to dangerous and in particular
all elevated platforms and
gangways shall be properly fenced and conspicuous
warning boards shall be erected where subsidences or cavities on the surface
have
occurred or are likely to occur.
(Substituted by Legal
Notice 25 of 1970.)
Filling-in may be ordered
25.-(1) If, in the opinion
of an inspector, disused trenches, pits or other excavations are dangerous to
life or endanger public traffic,
he may order them to be filled in with ground
to his satisfaction or securely fenced or otherwise protected by the owner or
foreman-in-charge
of the
quarry.
(2) In the case of failure
to comply with such order, the owner or foreman-in-charge of such quarry shall
be deemed guilty of an offence
against these Regulations and the inspector may
have such trenches, pits or other excavations fenced or filled up or otherwise
protected
at the expense of such owner or foreman-in-charge.
First-aid outfit
26. At any quarry where
men are employed, an adequate first-aid outfit shall be kept for immediate use
in the case of accident.
Height of quarry face
27.-(1) An inspector may,
in the interests of safety, limit the height of any quarry face, and may order
the construction of benches
where they appear to him to be
necessary.
(2) An inspector may
determine from time to time the angle to be maintained on any quarry workings to
ensure the safety thereof, and
in such case shall give notice in writing to the
owner, agent or foreman-in-charge of the angle to be maintained.
Undercutting
28. In the open face
working of alluvial or of soil, gravel, clay, slimes, ashes, debris or other
similar ground no under-cutting
shall be allowed and unless securely timbered no
such vertical face shall have a height of more than 2.5m but such unsecured open
face shall be worked in terraces or at an angle of safety.
(Amended by Legal
Notice 25 of 1970; 96 of
1978.)
Safety helmets
29. Except when exempted
in writing by an inspector, no person shall in any quarry work more than 3m deep
in or on a stepped face
in rock, or in a trench more than 3m deep unless he
wears a safety helmet of a type approved by an inspector.
(Inserted by Legal Notice 25 of 1970; amended by Legal Notice 96 of 1978.)
Reasonable precautions
30. -Every person employed
in or about a quarry shall before commencing or while at work use ordinary and
reasonable precautions to
ascertain that any machinery, tools, or other
appliances he uses, and the place in which he works, are not unsafe, and he
shall cease
to use anything unsafe.
Dangers to be reported
31.-(1) Every person who
witnesses in or about a quarry anything likely to produce danger of any kind
shall forthwith report the same
to the person for the time being in charge of
the quarry and such last-mentioned person shall further investigate the matter
and
take steps to prevent any accident likely to result from such
danger.
(2) On leaving work every
person shall report to the person relieving him the state of that part of the
quarry where he has been
employed.
(3) Any person who
knowingly contravenes these provisions shall be guilty of an offence against
these Regulations.
Measures for safety
32. If a working place in
a quarry is found to be or becomes unsafe, the person charge shall take measures
for making it safe and
for safeguarding the persons in the working place while
it is being made safe.
Life-lines
33. No person shall work
or be caused or permitted to work in any place with an inclination of more than
45 degrees where inadvertent
slipping or over-balancing may result in his
sliding down, unless he is secured by a life-line or otherwise
safeguarded.
Wilful damage
34. No person shall
wilfully damage or without proper authority use, remove, or render useless any
timber, fencing, covering, guide,
rope, chain, steam-gauge, water-gauge,
safety-valve, or other appliance or thing provided in or about a
quarry.
Drunkenness
35.-(1) Any person who,
while in or about any quarry, is under the influence of intoxicating liquor to
such an extent as not to be
fully capable of performing his duties or as to be a
likely cause of danger to himself or other persons, shall be guilty of an
offence
against these Regulations, and shall be liable to a fine not exceeding
$20.
(2) No intoxicating liquor
shall be in or about any quarry or be taken by any person into the quarry except
with the knowledge and
permission of the foreman-in-charge, and every person
having intoxicating liquor in his possession while in or about the quarry,
without such permission shall be guilty of an offence against these Regulations,
and shall be liable to a fine not exceeding $20.
Guide ropes and ladders to be provided
36. In every quarry where
access to a working place is by means of a shaft, winze, or inclined face, a
sufficient footway, guiding
rope or chain shall be provided where the
inclination is more than 30
degrees:
Provided that where the
inclination is more than 45 degrees, and in any case where an inspector so
directs, a ladder shall be fixed.
Wire ropes
37. Wire ropes or strands
of wire ropes shall not be used for climbing purposes any quarry if they are
frayed or have projecting broken
wires.
Lights to be carried
38. Every person in any
unilluminated part of a quarry shall carry a light.
Stationary lights
39. Adequate stationary
lights shall be provided at all subterranean working places as are for the time
being in actual use, and at
night at all working places on the
surface.
PART VI-MACHINERY
Maintenance of machinery
40. All machinery in or
about a quarry shall be kept in good order and condition.
Fencing of machinery
41.-(1) All exposed
machinery which when in motion may be dangerous to any person shall be securely
fenced off.
(2) An effective
guard, which shall not be removed while the machinery is in motion, shall be
provided for every part of the machinery
which, without the guard, may be a
source of danger to any person.
Lighting of moving machinery
42. All places where
machinery is being operated in the proximity of which persons are working or
moving about shall be so lighted
that the external moving parts of such
machinery can be clearly distinguished.
Clothing of employees
43.-(1) A person employed
in close proximity to any moving machinery shall not wear, or be permitted to
wear, any loose outer
clothing.
(2) Whenever required by
an inspector, the owner, agent or foreman-in-charge of a quarry shall forbid the
wearing of a sulu and shall
insist upon the wearing of trousers by every person
employed in or about any
machinery.
(3) A person having the
charge of any moving machinery or a person supervising any work in the vicinity
of the machinery shall not
permit any other person engaged upon work in close
proximity to the machinery to wear any loose outer clothing.
Repairing, etc., of machinery in motion
44.-(1) Where there is any
risk of personal injury, the repairing, adjustment, cleaning or lubricating of
any machinery in motion
shall be undertaken, or be required or be permitted to
be undertaken, only-
(a) by a skilled person; and
(b) when it is impracticable to stop the machinery.
(2)
Automatic devices for lubricating machinery in motion shall be employed wherever
practicable.
Belts
45.-(1) Where any
machinery is belt-driven and it is necessary to start or stop machinery without
interfering with the speed of the
prime-mover, the machinery shall be
permanently fitted with a satisfactory mechanical appliance for the
purpose.
(2) The shipping and
unshipping of driving belts whilst the machinery is in motion is prohibited
except in the customary shifting
of light belts on coned-pulleys machine tools
for the purpose of alterations in the working speed.
Unauthorised entry
46.-(1) A person shall
not, without the authority of the foreman-in-charge of the quarry or of the
person having charge of any machinery
or boiler, enter any place where the
machinery or boiler is
erected.
(2) The foreman-in-charge
shall cause a notice to be posted at the entrance of the place to the effect
that the authority to enter
is required.
Air compressors
47.-(1) All compressed air
receivers and intercoolers at any quarry and their connections to air cylinders,
shall be kept clean and
free from carbonized oil or other material liable to
ignition.
(2) The supply of air
for air-compressors used at any quarry shall be drawn from as pure and cool a
source as possible.
(Substituted by Legal
Notice 25 of 1970.)
Gauges and safety valves
48. All vessels, other
than portable gas cylinders, used at any quarry for receiving or storing air or
gas at a higher pressure than
that of the atmosphere shall be fitted
with-
(a) a gauge or other device for showing accurately at all times the pressure of the air or gas contained in such vessel;
(b) a relief or safety valve or other device capable of preventing any undue accumulation of pressure above the safe working limit of the vessel.
(Inserted by Legal Notice 25 of 1970.)
Compressed air receivers to be tested
49. Every
foreman-in-charge shall ensure that all compressed air receivers used in any
quarry or part thereof under his charge are
tested at intervals not exceeding
three years by hydraulic pressure to the extent of one and one-third times the
working pressure,
and shall keep a written record of such tests, signed by the
person conducting them, and shall submit all such records for inspection
by an
inspector. (Inserted
by Legal Notice 25 of
1970.)
Person in control
50. A person who is in
charge of any machine which for the security of life and limb requires constant
control shall not for any reason
whatsoever, during the period for which he is
in charge, absent himself from, or cease his constant control over the machine
unless
he is replaced by some other person qualified to control the
machine.
Steam boilers
51. The examination,
testing, and working of steam boilers or other vessels shall be subject to the
provisions of the Factories Act or any Act amending replacing such
Act.
(Cap. 99)
PART VII-EXPLOSIVES
Explosives Regulations to apply with certain modifications
52. Subject to the
following provisions of this Part, the Explosives Regulations made under the
provisions of the Explosives Act shall
apply to all quarries.
(Inserted by Regulations 23 September 1966.)
(Cap. 189)
Distributing magazine
53.-(1) Notwithstanding
the provisions of the Explosives Regulations, a quantity of explosive not
exceeding that which is reasonably
sufficient for use during the following six
consecutive days may be stored in a distributing magazine in any quarry or any
part thereof
for distribution to the
workings:
Provided that the
foreman-in-charge shall, before using a distributing magazine, notify an
inspector of the place of storage, the
period during which it is to be used for
this purpose, the type and quantity of explosive to be stored therein, and any
other information
relating to such distributing magazine that may be required by
the inspector, and shall obtain the inspector's permission before
using such
distributing magazine for the storage of
explosive.
(2) A distributing
magazine may be-
(a) a tunnel or other excavation. The passage connecting such distributing magazine with the workings of a quarry shall describe in its course at least one right angle, and such distributing magazine shall be situated not less than 9m away from any working place. If, in the opinion, of an inspector owing to the nature of the country and the quantity of explosive to be stored, this distance is too short, it shall be increased to such distance as the inspector shall specify; or
(b) where the quantity of explosive to be stored does not exceed 45 kg weight of dynamite or 100 detonators, a stout wooden-box with sides, bottom and top at least 50 mm thick and with the cover acting as a door, which box shall be kept closed and securely locked, and shall be securely fastened in place.
(3)
No explosive shall be stored in a distributing magazine unless it shall have
been issued from a licensed magazine and conveyed
directly from such magazine to
the distributing magazine.
(4)
Where the location and structure of a distributing magazine is such that
unauthorised entry might be possible, the contents shall
be removed from the
magazine when the workmen leave the vicinity.
(Regulation inserted
by Regulations 23 September 1966; para. (2) amended by Legal Notice 96 of
1978.)
PART VIII-HEALTH AND SANITATION
Ventilation
54.-(1) Adequate
ventilation shall be constantly produced in all subterranean workings of a
quarry by the passing through such workings
of a current of not less than 3
cubic metres of fresh air per minute for each person employed therein so that
working conditions
at and means of access to such working places shall be in a
fit state for working and passing therein.
(Amended by Legal Notice 96 of 1978.)
(2)
Where, in the opinion of an inspector, the ventilation of any part of the
subterranean workings of a quarry is unsuitable or inadequate,
he may by notice
in writing, require that the additional ventilating appliances specified in the
notice be installed and worked.
Entry after blasting
55. No person shall be
caused or permitted to enter, after blasting has taken place therein, any tunnel
or subterranean workings of
a quarry, unless a quantity of fresh air not less
than the volume of such tunnel or subterranean workings, or not less than a
smaller
quantity sanctioned by an inspector in writing, has been supplied to
replace the air vitiated by dust or fumes due to blasting.
Engines not to be used in tunnel, etc.
56. Internal combustion
engines shall not be used in any tunnel or subterranean workings of a quarry
except with the written permission
of an inspector.
Dust
57.-(1) Where an inspector
considers the health of the workmen to be endangered by dust arising from the
use of rock-drills or by
dust from any cause where men are working, he shall
give notice in writing to that effect, and the owner, agent or foreman-in-charge
shall thereupon provide and cause to be constantly used jets or sprays of water
or such other means as in the opinion of the inspector
will tend to effectively
prevent the nuisance and keep the air free from and prevent the accumulation of
dust.
(2) In every case where rock
or other substance is crushed or otherwise dealt with in a dry state, and dust
is produced in such quantity
that an inspector considers the health of workmen
to be endangered thereby, he shall give notice in writing to that effect, and
the
owner, agent or foreman-in-charge shall thereupon take such measures as will
tend to remove the nuisance and prevent the dust circulating
in the place where
such operations are being carried on and shall provide and cause to be
constantly used such appliances as will
prevent the dust from being breathed by
the workmen.
Blowing out hole
58. No person shall blow
out or be caused or permitted to blow out any hole with compressed air unless he
has applied sufficient water
in case there is not already a sufficiency to
prevent the formation of dust during the process of blowing out.
Water for spraying
59. If spraying with water
is used in any part of a quarry for the purpose of laying dust the water so used
shall be free from pollution
with organic or other noxious
matter.
Respirators
60. When respirators are
supplied to men working in dusty places each one shall be used by one person
only, and when returned they
shall be thorough cleansed before being again
used.
Drying of clothes, etc.
61. Where an inspector
requires it in writing, the owner, agent or foreman-in-charge of a quarry shall
provide for the use of persons
employed at or about the quarry such conveniences
and facilities for the changing and drying of clothes as the inspector specifies
in writing.
Latrine accommodation, etc.
62. In and about every
quarry the owner, agent or foreman-in-charge of the quarry shall provide such
latrine accommodation and disinfectants
and take such other measures for the
purpose of sanitation and the prevention of nuisances as an inspector may
direct.
Drinking water
63.-(1) In and about every
quarry a supply of pure drinking water, adequate for the consumption of the
persons working there, shall
be provided unless there is a natural and
continuous supply conveniently
available.
(2) Every provision
shall be made which, in the opinion of an inspector, as necessary for preventing
the drinking water from being
polluted or rendered unwholesome.
PART IX – STATISTICAL RETURNS
Half-yearly statement of operations
64.-(1) The owner, agent
or foreman-in-charge of every quarry in respect of which royalties are payable
shall within one calendar
month of every half year ending 30 June and 31
December forward to the inspector a return in accordance with Form 1 showing the
amount
of material obtained from such quarry during the last preceding
half-year, the nature of such material, the estimated value of such
material,
together with the amount due as royalty
thereon.
(Amended
by Legal Notice 91 of 1982.)
(Form I)
(2) Any officer authorised
for that purpose in writing shall at any time have access to the books and
accounts of any such quarry
and may examine the same for the purpose of
ascertaining the amount of royalty payable and other details required with
regard to
the material obtained from such
quarry.
(3) Any owner, agent or
foreman-in-charge who neglects or refuses to furnish returns to the inspector as
hereinbefore required or
who wilfully makes a false return or any person who
impedes or obstructs any officer duly authorised to perform any duties under
the
provisions of this regulation shall be guilty of an offence against these
Regulations.
Monthly statement of operations
65.-(1) The owner, agent
or foreman-in-charge of every quarry shall before the sixteenth day of every
month furnish the inspector
with a return in accordance with Form 2 of the
quantity of material quarried or so treated and the quantity of product produced
during
the previous month, together with the number of men employed in such
operations.
(Amended by Legal Notice 91 of 1982.)
(Form 2)
(2) Every such owner shall
keep a book which shall contain a true record of all materials quarried or
treated and, when ascertainable,
its
value.
(3) Such book shall be open
to inspection by an inspector or any person duly appointed to inspect the same
and make such inquiry and
investigation as he may deem
expedient.
(4) The person so
appointed as aforesaid may make copies of any entries or matters contained in
the said book and on completion of
his inspection shall report to the
inspector.
(5) Any person who
obstructs any person aforesaid in the performance of his duties as
above-mentioned, or who without lawful excuse
refuses or neglects to produce any
book under his control or to answer any question asked in the course of any
inquiry by any person
appointed to investigate as aforesaid, shall be deemed
guilty of an offence against these Regulations.
Yearly return of operations
66. Every owner, agent or
foreman-in-charge of a quarry shall during the month of January in each year,
forward to the inspector a
return in accordance with Form 3 setting forth in
respect of such quarry the particulars therein mentioned for the year ending on
the last day of the preceding
month.
(Amended
by Legal Notice 91 of 1982.)
(Form 3)
PART X-PENALTY
Penalty
67. Any person who is
guilty of an offence against these Regulations shall be liable where no specific
penalty is provided to a fine
of $200 or imprisonment for a term of six
months.
_______
SCHEDULES
SCHEDULE
1
(Regulation
2(2))
FORM 1
(Amended
by Legal Notice 25 of
1970.)
QUARRIES
ACT
(Regulation
64)
_______
HALF-YEARLY STATEMENT OF OPERATIONS
quarry
I, ............ of
..................... being* ......... of the crushing plant treatment plant
situated at .................... and
known as ......................... do state
that the following ........... quarry .......... work has been done in or in
connection
with the said crushing plant during the six ......................
treatment plant ........... months ending the ........ day of
........, 19...,
namely:-
Average number of men employed:
Quantity of [name of material] broken:
Quantity of [name of material] crushed/treated:
Quantity of [name of product] produced:
Estimated value at the quarry of [name of product] produced:
Amount
of royalty payable:
State any other work that may have been done:
Dated at .............. this ............. day of .............., 19...
Witness:
..................................*Signed: ........
*Owner, agent or foreman-in-charge.
_________
FORM 2
QUARRIES
ACT
(Regulation
65)
_______
MONTHLY STATEMENT OF OPERATIONS
quarry
I, ........... of
................being the * .............. of the crushing plant
..................... treatment plant situated
at ................. and known as
................ do state that the following ...................................
quarry.......
work has been done in or in connection with the said crushing
plant during the ..................................... treatment plant
....
month ending the ............. day of ................, 19...,
namely:-
Number of men employed:
Quantity of [name of material] broken:
Quantity of [name of material] crushed/treated:
Quantity of [name of product] produced:
Dated
at ............... this ............ day of ............,
19...
Witness:
.......................... *Signed: ................
*Owner, agent or foreman-in-charge.
_______
FORM 3
QUARRIES
ACT
(Regulation
66)
YEARLY RETURN OF QUARRYING OPERATIONS
To the Inspector of
Quarries, Suva.
Nature of Quarry Holding:
Nature of Quarry:
Area of Quarry Holding:
Name of Owner:
Name of Agent:
Name of Foreman-in-Charge:
Locality of quarrying operations:
Average number of men employed during the year:
Quantity of [name of material] broken:
Quantity of [name of material] crushed/treated:
Quantity of [name of product] produced:
Estimated value at the quarry of [name of product] produced:
Nature of quarrying, crushing and treatment operations:
Amount of royalty payable:
State any other work that may have been done:
I,
being the* ............... of the above Quarry, hereby certify that this is a
true return for the year ending the last day of December,
19...
Dated at ...............
this ......... day of January,
19...
Witness:
........................................................ *Signed:
*Owner, agent or foreman-in-charge.
______
FORM 4
QUARIES
ACT
(Regulation
10)
To: The Inspector of
Mines, Suva.
I,
............................................................................................................
..............................................................................................................................................................................................................................
(Full name, address and occupation)
hereby apply for a Quarryman's
Certificate.
I enclose the
prescribed fee and hereby declare as follows:-
(1) My date of birth is...................................................................................................
(2) My practical experience consists of actual employment in mining or quarrying for ...................... years as specified in the Schedule and in proof thereof I enclose evidence in writing from my previous employee as specified in that Schedule.
(3) I enclose certificates of sobriety and good conduct from ....................................
(4) I have undergone a course in first-aid and enclosed herewith my certificate of proficiency therein.
Dated
at .........., this .............. day of ......., 19...
______
SCHEDULE
Particulars
of Employment and Nature of Evidence in Proof Thereof
Names
and Localities of Mines or Quarries
|
Name
of Employer
|
Period
of Employment
|
Nature
of Employment
|
Signature
of Employer or nature of evidence in writing
|
|
From
|
To
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
............................
Signature
of Applicant
_______
FORM 5
QUARRIES
ACT
(Regulation
10)
QUARRYMAN'S CERTIFICATE
This is to certify
that.................... of .................... has satisfied me that he has a
competent theoretical and practical
knowledge of the use of explosives and of
quarrying practice and this certificate of competency is hereby granted to him
accordingly.
Subject to any
extensions endorsed hereunder this certificate shall, unless previously
cancelled, expire on the .............. day
of ........,
19...
Issued at Suva this
................ day of ..........., 19...
.............................. ...........................
Signature of Grantee Inspector of Mines
EXTENSIONS
Date
of Extension
|
Extended
to
|
Signature
of Inspector of Mines
|
|
|
|
|
|
|
______
SCHEDULE
2
(Regulation
2A
(3))
(Inserted
by Legal Notice 91 of 1982.)
MODIFICATIONS OF THE PROVISIONS OF PART XI OF THE MINING REGULATIONS IN THEIR APPLICATION TO AND IN RELATION TO PRESCRIBED UNDERTAKINGS
Provision
modified
|
Modification
|
Regulation 95
...................................................
|
Insert immediately after the
definition of "adit" the following definition:-
"'agent', in relation to a mine, means a person acting on behalf of the owner of the quarry the whole or a part of which constitutes the mine or a person having the care or direction of that quarry, of that part of that quarry or of any works connected with that quarry or that part of that quarry;". |
Regulation 95 (definition of
"manager") ...........................
|
1. Substitute "Division 3"
for "these Regulations".
2. Substitute "the owner of the mine or his agent" for all the words after "registration,". |
Regulation 95 (definition of
"mine") ........................
|
Substitute the following
definition: -
"'mine' means a quarry, or a part of a quarry, that is declared, under paragraph (1) of regulation 2A of the Quarries Regulations, to be a prescribed undertaking;". |
Regulation 95 (definition of
"mine foreman") ..............
|
Delete.
|
Regulation 95
...................................................
|
Insert immediately after the
definition of "original test certificate" the following
definition:-
"'owner', in relation to a mine, means the person who is the owner; for the purposes of the Quarries Regulations of the quarry the whole of part of which constitutes that mine;". |
Regulation 95 (definition of
"shift boss") ...................
|
Delete "or mine
foreman".
|
Regulation 96(1)
...............................................................
|
1. Substitute "The owner of
a mine" for "Every holder of a mining
tenement".
2. Substitute "Part XI of the Mining Regulations and of Schedule 2 to the Quarries Regulations or a printed copy of that Part as modified as set out in that Schedule" for "this Part". |
Regulation 96(1)
(a)
..........................................................
|
Delete, "mill
superintendent, open cast foreman, mine foreman".
|
Regulation 96(2)
...............................................................
|
Substitute "this Part" for
"the Act or these Regulations".
|
Regulation 99(1)
................................................................
|
1. Substitute "in any part
of the quarry the whole or part of which constitutes "a mine" for "within a
mining tenement".
2. Substitute "any such working place" for "any working place above or below ground". |
Regulation 99(2)
................................................................
|
Insert "of the kind referred
to in paragraph (1)" immediately after "working place".
|
Regulation 101
...................................................................
|
Delete ", mine
foreman".
|
Regulation 102(1)
..............................................................
|
Substitute "Quarries Act and
Quarries Regulations" for "Act".
|
Regulation
102(1)(a)
.........................................................
|
Substitute "this Part" for
"these Regulations".
|
Regulation
102(1)(c)
........................................................
|
Substitute "this Part" for
"the Act".
|
Regulation 102(3)
..............................................................
|
Substitute "this Part" for
"these Regulations".
|
Regulation 103(1)
..............................................................
|
Substitute "owner of the
mine" for "holder of the mining tenement".
|
Regulation
103(2)...............................................................
|
Substitute "owner" for
"holder".
|
Regulation
104(1)..............................................................
|
1. Delete "the subject of a
permit to mine, mining lease or special mining
lease".
2. Substitute "that land" for "mining tenement". |
Regulation
104(1)(c)
..........................................................
|
Insert "of the Mining
Regulations" immediately after "105".
|
Regulation 104(2)
..............................................................
|
1. Substitute "owner of" for
"holder of the mining tenement on
which".
2. Delete "or where such mine is being worked by a tributer, by such tributer,". |
Regulation 104(3)
..............................................................
|
1. Substitute "mine" for
"mining tenement" (first
occurring).
2. Substitute "owner of the mine" for "holder of the mining tenement". 3. Delete "or the tributer,". |
Regulation
104(4)...............................................................
|
1. Substitute "at any mine"
for "on any mining tenement".
2. Substitute "the owner of the mine" for "the holder and, in any case where the mine in respect of which such breach occurs is being worked by a tributer, such tributer". |
Regulation
105....................................................................
|
Delete.
|
Regulation 110
...................................................................
|
1. Substitute "this Part"
for "these Regulations".
2. Substitute "owner of the mine" for "holder of the mining tenement on which such mine is situated". 3. Substitute "the owner" for "the holder of such mining tenement". |
Regulation 116
...................................................................
|
Substitute "land" for
"mining tenement".
|
Regulation 117
...................................................................
|
Substitute "land" for
"mining tenement".
|
Regulation 119
...................................................................
|
Substitute "a pass for spoil
or other material" for "ore pass".
|
Regulation 126
...................................................................
|
Delete.
|
Division 5
..........................................................................
|
Delete.
|
Regulation 144(1)
..............................................................
|
Substitute "owner of the
mine" for "holder of the mining tenement on which such mine is
situated".
|
Regulation 144(2)
.............................................
|
1. Substitute "owner of the
mine" for "holder of the mining tenement on which such mine is
situated".
2. Substitute "owner" for "holder". |
Regulation 154 (2)
............................................
|
Insert "of the Mining
Regulations" immediately after "155".
|
Regulation 155
...................................................................
|
Delete.
|
Regulation 175
...................................................................
|
Delete.
|
Division 10
........................................................................
|
Delete.
|
Division 11
........................................................................
|
Delete.
|
Regulation 212
...................................................................
|
1. Delete "or
prospecting"
2. Delete "(including operations being carried out under any prospector's right or prospecting licence)". |
Regulation 215
...................................................................
|
1. Substitute "owner of a
mine" for "holder of every mining tenement on which any mine is
situated".
2. Substitute "that mine" for "each mine" situated thereon". |
Regulation 216
...................................................................
|
Delete.
|
Regulation 217
...................................................................
|
Delete.
|
Regulation 218
..................................................................
|
Delete.
|
Regulation 219
...................................................................
|
Substitute "owner of the
mine" for "holder of the mining tenement on which the mine is
situated".
|
Regulation 222
...................................................................
|
Substitute "this Part" for
"these Regulations".
|
Regulation 224
..................................................................
|
Delete.
|
_____
SECTION 4-QUARRIES REGULATIONS
______
DECLARATION
UNDER REGULATION 2A
______
PRESCRIBED
UNDERTAKINGS
______
Legal Notice No. 95 of 1982
The following quarries are
declared to be prescribed undertakings:-
(a) the quarry constituted by the tunnelling and shaft-sinking works, and associated works, undertaken by Barclay Bros. Pty Ltd as part of the works known as Power Project I, Monasavu Hydro Scheme;
(b) the quarry constituted by the tunnelling, shaft-sinking and weir-construction works, and associated works, undertaken by Barclay Bros. Pty Ltd as part of the works known as Power Project II, Monasavu Hydro Scheme;
(c) the quarry constituted by the tunnelling, shaft-sinking and weir-construction works, and associated works, undertaken by a consortium trading as Keir-Downer Joint Venture as part of the works known as Power Project III, Monasavu Hydro Scheme.
------------------------------------------
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