Mines & Minerals Act CHP 226 2003
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MINES AND MINERALS ACT
CHAPTER 226
REVISED EDITION 2003
SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive
Laws of Belize, Revised Edition 2000.
ARRANGEMENT OF SUBSIDIARY LAWS
BELIZE
MINES AND MINERALS ACT
CHAPTER 226
REVISED EDITION 2003
SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive
Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- Page
1. DESIGNATION OF INSPECTOR OF MINES ORDER 3
2. MINES AND MINERALS (GENERAL) REGULATIONS 5
3. MINES AND MINERALS (SAFETY, HEALTH AND 54
ENVIRONMENTAL) REGULATIONS
4. MINES AND MINERALS (FEES) (REDUCTION) 150
(SMALL-SCALE OPERATORS) ORDER
Mines and Minerals [CAP. 226 3
CHAPTER 226
DESIGNATION OF INSPECTOR OF MINES ORDER
ARRANGEMENT OF PARAGRAPHS
1. Short title.
2. Inspector of mines.
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CHAPTER 226
Ch. 183. DESIGNATION OF INSPECTOR OF MINES ORDER
1 of 1989. (Section 5)
[7th January, 1989]
Short title. 1. This Order may be cited as the
DESIGNATION OF INSPECTOR OF MINES ORDER.
Inspector of 2. In exercise of the powers conferred upon me by section 5 of the Mines
mines. and Minerals Act and all other powers thereunto me enabling, I, CHARLES
CAP. 226. WAGNER, Minister of Natural Resources, DO HEREBY DESIGNATE
MRS. EVADNE GARCIA [Link]. a technically qualified public officer, to be
the Inspector of Mines for the purpose of the said Act.
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CHAPTER 226
MINES AND MINERALS (GENERAL) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
NON-EXCLUSIVE PROSPECTING LICENCE
3. Application for non-exclusive prospecting licence.
4. Issue of non-exclusive prospecting licence.
5. Recording of particulars.
6. Offence and penalty.
PART III
PEGGING OF CLAIMS
7. Pegging Claims.
8. Number of claims.
9. Size and shape of claim.
10. Marking boundaries.
11. Offence and penalty.
12. Removal of boundary demarcation by Inspector.
13. Offence and penalty.
14. Application for certificate.
15. Duty to record/publish application.
16. Validity of claims and non-refundable fees.
17. Registration of claim.
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18. Conditions of claim.
19. Rights of access.
20. Publication of unpaid claims.
21. Abandonment of claim.
22. Renewal of application.
PART IV
QUARRY PERMIT
23. Application for quarry permit.
24. Conditions of quarry permit.
PART V
MINERAL RIGHT AND OBJECTIONS
25. Application for mineral right.
26. Grant of mineral rights.
27. Objections.
PART VI
ROYALTY AND TRANSFERS
28. Royalty payable for mineral.
29. Transfers.
30. Approval/refusal of transfer.
31. Transfer invalid if not recorded.
PART VII
MINERAL DEALER’S LICENCE AND EXPORT PERMIT
32. Application for mineral dealer’s licence.
33. Term of licence.
34. Cancellation of licence.
35. Book required to be kept by licenced mineral dealer.
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36. Production of reserved minerals.
37. Application for export permit.
PART VIII
RESIDENCE/USE OF LAND
38. Construction of facilities.
39. Construction of railway or tramway.
PART IX
SURVEYS
40. Shape of area of land.
41. Surveying of claim, etc.
42. Demarcation of mining area.
43. Determination of disputes.
44. Survey to be done in case of dispute.
45. Alterations of boundaries.
46. Survey fees.
PART X
KEEPING OF RECORDS OF MINERALS
47. Duty to keep record of minerals.
48. Production of minerals may be required by authorized officer.
49. Offence and penalty.
PART XI
RETENTION OF MINERALS
50. Retention of minerals.
51. Delivery of minerals.
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PART XII
MISCELLANEOUS
52. Service of documents.
53. Delivery of notice.
54. Register to be kept by Inspector.
55. Copy of particulars prima facie proof.
PART XIII
WATER AND TIMBER RIGHTS
56. Use of water.
57. Offence and penalty.
58. Permission to construct dam, etc.
59. Water-race to have point of use.
60. Public trail race.
61. Timber rights.
FIRST SCHEDULE
SECOND SCHEDULE
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CHAPTER 226
MINES AND MINERALS (GENERAL) REGULATIONS Ch. 183.
(Section 119) 34 of 1994.
[30th April, 1994.]
PART I
PRELIMINARY
1. These Regulations may be cited as the Short title.
MINES AND MINERALS (GENERAL) REGULATIONS.
2. (1) In these Regulations, unless the context otherwise requires, Interpretation.
“Board” means the Board constituted under Part X of the Act;
“the Act” means the Mines and Minerals Act. CAP. 226.
(2) The words and expressions used in these Regulations shall have
the meanings respectively assigned to them in the Mines and Minerals Act. CAP. 226.
PART II
NON-EXCLUSIVE PROSPECTING LICENCE
3. (1) Every person who desires to prospect for the purpose of Application for
locating claims shall apply for a non-exclusive prospecting licence, either non-exclusive
prospecting
personally or in writing to the Inspector.
licence.
(2) An application under paragraph (1) above shall contain the
following particulars:-
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(a) the full name and address of each person applying
for the licence;
(b) the name, style or form, if any, by which it is
intended that the prospecting is to be carried on;
(c) a permanent residential address in Belize at which
all notices and other processes necessary for the
purpose of these Regulations may be served; and
(d) a statement that the applicant is over eighteen years
of age;
Second Schedule. and every application shall be accompanied by the fee specified in the Second
Schedule to these Regulations.
(3) Where an application for a non-exclusive prospecting licence
is made by a company or corporation, the applicant shall provide the Inspector
with all the evidence required to demonstrate that the application is in compliance
with section 71 of the Act.
Issue of non- 4. (1) The person holding a non-exclusive prospecting licence shall
exclusive be subject to all the obligations imposed under the Act and these Regulations.
prospecting licence.
(2) The Inspector shall not issue a non-exclusive prospecting
licence to any person who is a minor, and where any licence is issued to a
minor it shall be deemed null and void.
(3) The Inspector may refuse to issue a non-exclusive prospecting
CAP. 297. licence to any person convicted of an offence under the Labour Act.
(4) Where the Inspector refuses to issue a licence under paragraph
(3) above, the applicant may appeal to the Minister whose decision shall be
final.
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(5) A person may hold only one non-exclusive prospecting licence,
and any other non-exclusive prospecting licence issued contrary to this Regulation
shall be null and void.
(6) Subject to the Act and these Regulations, the Inspector may
issue a non-exclusive prospecting licence to the applicant in Form 1 of the First First Schedule.
Schedule to these Regulations.
(7) The Inspector may decide to revoke any non-exclusive
prospecting licence, by notifying the licence holder in writing giving the reasons
for such revocation and the licence holder may appeal the Inspector’s decision
to the Minister whose decision shall be final.
5. (1) The Inspector shall keep a proper record of the particulars of Recording of
all non-exclusive prospecting licences. A certified copy of such record shall be particulars.
given to any person on payment of the fee specified in the Second Schedule.
(2) A licence holder shall give notice in writing to the Inspector of
any changes in his registered address and upon receipt of such notice, the
Inspector shall duly record such change of address.
(3) The production of a copy of a non-exclusive prospecting licence
certified by the Inspector shall be proof that the non-exclusive prospecting licence
was issued to the holder on the date stated thereon and such certificate shall be
prima facie evidence that the particulars were given by the licence holder.
6. (1) Any person exploring or prospecting the ground without a Offence and
non-exclusive prospecting licence or who refuses or neglects to produce such penalty.
licence after having received notice from any authorised officer commits an
offence and shall be liable on summary conviction to a fine of five hundred
dollars ($500) and for each day that the offence continues after notice has been
given under these Regulations, to a further fine of two hundred dollars ($200).
(2) Where a person is given notice under paragraph (1) above, it
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shall not be necessary for an authorised officer to prove that such person was
searching for minerals.
PART III
PEGGING OF CLAIMS
Pegging claims. 7. The holder of a non-exclusive prospecting licence may peg claims
provided that:-
(a) the land has not previously been pegged pursuant
to these Regulations; or
(b) the land has not been reserved by notice published
in the Gazette; or
(c) in respect of any land within two hundred meters
of the boundaries of any district, the written
consent of the local authority having control over
the district has been given.
Number of claims. 8. No person shall peg more than three claims except with the written
consent of the Inspector.
Size and shape of 9. No claim shall be more than eight hectares in area and shall be
claim. rectangular or polygonal in shape and shall only be granted to a depth consistent
with the safe conduct of the mining activity described in the application approved
pursuant to the Act and these Regulations.
Marking 10. (1) All boundaries of a claim shall be marked as follows:-
boundaries.
(a) by a tree or by a corner post or beacon, not less
than six inches in diameter, and not less than five
feet out of the ground, at each comer of the claim,
and by lines distinctly defined from the corner by
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a path not less than four feet wide, and
(b) by a fastened board on each tree, corner post or
beacon, not less than nine inches by six inches and
in the case of a river location, not less than three
feet by two feet, to be called a location board, on
which shall be plainly marked:-
(i) the name of the licence holder marking the
location;
(ii) the date of the marking;
(iii) the number of the non-exclusive
prospecting licence under which the
location is made;
(iv) the name of the area and the district in which
the location is made; and
(v) within one month after the issue of the
Registration Certificate, the number and
date thereof.
(2) No paper or material attached to a location board which can
be erased shall be used as a proper marking.
(3) Every holder of a Registration Certificate shall keep the
boundaries of his claim distinctly marked as provided under this Regulation and
shall keep all location boards in proper order.
11. (1) Any licence holder who contravenes the provision of paragraph Offence and
(2) of Regulation 10 above, commits an offence and shall be liable on summary penalty.
conviction to a fine not exceeding five hundred dollars ($500) or to imprisonment
for a term not exceeding six months, or to both.
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(2) It shall not be an offence under this Regulation where a person
holding a group of contiguous claims for which Registration Certificates have
been issued, does not keep the boundaries of each claim distinctly marked,
provided that the external boundaries of the whole group are kept distinctly
marked and the location boards are kept as required under Regulation 10
above.
(3) Any person who destroys, defaces, or removes, either wholly
or in part, any tree, post, beacon, location board, or other marking of a claim,
whether in the exercise of any right as regards such claim or otherwise, or
procures any other person to do so, commits an offence and shall be liable on
summary conviction to a fine not exceeding five hundred dollars ($500) or to
imprisonment for a term not exceeding six months, or to both.
Removal of 12. It shall be lawful for the Inspector, in cases where:-
boundary
demarcation by
(a) a claim has been cancelled under section 78 of
Inspector.
the Act; or
(b) a claim has been abandoned under Regulation 21;
or
(c) the period for filing notice has expired without
notice having been filed; or
(d) in the opinion of the authorised officer the date of
location has been altered with intent to defraud;
or
(e) a claim has been re-located without the permission
of the Inspector;
to pull down, destroy or obliterate any beacons, location boards, or other
marks erected to demarcate the boundaries of any claim.
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13. Every person who, having located a claim:- Offence and
penalty.
(a) alters the date of location on any location board;
or
(b) re-locates such claim without having previously
obtained the permission in writing of the Inspector,
commits an offence and shall be liable on summary conviction to a fine not
exceeding five hundred dollars ($500) or to imprisonment for a term not
exceeding six months, or to both.
14. (1) Any person who locates a claim shall, within seven days Application for
thereafter, file an application for registration of the claim in duplicate with the certificate.
First Schedule.
Inspector in Form 2 of the First Schedule containing -
(a) the name of the person making the claim;
(b) the date on which the claim was pegged;
(c) a description of the ground located and its situation
in order to enable the claim to be identified by an
authorised officer; and
(d) a request to mine for the mineral discovered,
and shall pay the fees for registration of the claim specified in the Second Second Schedule.
Schedule.
(2) Where an application is not filed in accordance with paragraph
(1) above, the claim shall be null and void and it shall be deemed that the area
has not been pegged provided that the person whose location is annulled by
this Regulation shall not relocate the claim without the written permission of the
Inspector.
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Duty to record/ 15. On receiving an application made pursuant to Regulation 14 above,
publish application. the Inspector or authorised officer, shall:-
(a) make a record of the application noting the time
and date on which it was received; and
(b) cause the application to be published in three
consecutive issues of the Gazette.
Validity of claims 16. (1) The acceptance by the Inspector or an authorised officer of
and non- an application, and publication thereof, shall not affect the validity of the pegging
refundable fees.
of such claims and no claim shall be deemed valid unless it satisfies the
requirements of these Regulations.
(2) Where any location of a claim is deemed to be null and void
under these Regulations, neither the fee paid on filing the application nor the
amount deposited or paid as rent in respect of the claim shall be refunded.
Registration of 17. Where no objection is made or if there is a decision pursuant to Part
claim. X of the Act in favour of an applicant, the Inspector shall record the claim and
issue a Certificate of Registration of Claim to the applicant.
Conditions of 18. The Certificate of Registration of Claim shall include as conditions that
claim. the holder of the Certificate:-
(a) shall mine to the depth outlined in the approved
application; and
(b) shall rehabilitate or restore and reforest any part
of the claim that may have been damaged by
prospecting or mining operations; and
(c) shall fill, seal or fence-off excavations, shafts and
tunnels;
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and may include any other requirement that the Inspector may, in a particular
case, determine.
19. The occupation of all land for the purpose of being worked as a claim Rights of access.
shall be subject to the rights of any person to pass through such land and have
access to any land beyond, and to any timber or water rights issued pursuant to
any legislation.
20. (1) On the third week in the month of April in each year, the Publication of
Inspector shall publish in the Gazette, a list of claims for which rents have not unpaid claims.
been paid, up to and including the 31st day of March in that year.
(2) All claims on which rent has not been paid as published under
paragraph (1) above, shall be deemed to be abandoned for non-payment of
rent, and the lands upon which such claims were pegged shall be open from the
1st April next following, provided that nothing in this paragraph shall prohibit
any subsequent list of claims abandoned.
21. Every person who desires to abandon a claim shall send written notice Abandonment of
as such to the Inspector of his intention to abandon such claim. The Inspector claim.
shall publish such claim in three consecutive issues of the Gazette and the land
upon which such claim was pegged shall be open after the expiration of one
month from the date of the last publication of notice.
22. A person wishing to renew his claim shall apply in writing to the Inspector Renewal of
for renewal of the claim and such application shall be made on the first working application.
day in January of each year, but in no circumstances later than the 31st day of
March in each year, and the application shall be accompanied by the fee specified
in the Second Schedule.
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PART IV
QUARRY PERMIT
Application for 23. (1) An application for a quarry permit and any renewal thereof
quarry permit. shall be made in Form 3 of the First Schedule and shall be accompanied by
First Schedule. the fee stipulated in the Second Schedule.
Second Schedule.
(2) An applicant for a quarry permit shall provide the following
information:-
(a) a plan of the area in which the proposed quarry is
located indicating the size and parameters of the
area;
(b) information on the ownership of the land in the
area where the quarry is located; and
(c) if the applicant is not the owner, an agreement
with the owner allowing the applicant to use the
land.
(3) Upon receiving an application under this Regulation, the
Inspector shall file the application and give notice to the owner of the area in
which the proposed quarry is to be located.
(4) The Inspector shall review the application and ensure that all
information required pursuant to section 80(2) of the Act is provided, and
upon being satisfied with such information, the Inspector shall grant the quarry
permit and give notice that the holder must complete an official survey of the
quarry area within thirty days of the grant of the permit.
(5) An applicant for a quarry permit may also make an application
for recording the area as a Registered Quarry pursuant to section 82 of the
First Schedule. Act by filing the form prescribed as Form 3 of the First Schedule.
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24. A quarry permit shall include as conditions that the holder - Conditions of
quarry permit.
(a) shall mine to the depth outlined in the approved
application; and
(b) shall rehabilitate, restore and reforest any part of
the quarry that may have been damaged by
prospecting or mining operations; and
(c) shall fill, seal or fence-off excavations, shafts and
tunnels; and
(d) shall not commence mining until the survey required
pursuant to Regulation 23(4) above, is completed;
and
(e) shall pay the fees specified in the Second Schedule Second Schedule.
at the time requested by the Inspector; and
may include any other requirement that the Inspector may, in any particular
case, determine.
PART V
MINERAL RIGHT AND OBJECTIONS
25. (1) An application for a mineral right or renewal thereof shall be made Application for
to the Inspector in the form prescribed as Form 4 of the First Schedule and mineral right.
shall be accompanied by the fee specified in the Second Schedule. First Schedule.
Second Schedule.
(2) Upon receiving an application under paragraph (1) above for a
mineral right, the Inspector shall review such application and, where accompanied
with all documentation required by the Act, shall record the application and
enter the time and date of such application.
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(3) Within ten working days of receipt of the application, the
Minister shall give notice directing the applicant to publish details of the
application pursuant to section 10(3) of the Act.
(4) An application for a mineral right shall include all documentation
and plans required pursuant to the Act.
(5) An application for a mineral right shall be accompanied by the
surface rental fees for the first year of the term of such right as stipulated in the
Second Schedule. Second Schedule.
(6) The surface rentals for the remaining term of the mineral right
shall be paid on each anniversary of the date of issue of the mineral right. In the
event a rental is not paid on the anniversary date, the Inspector shall give
notice to the holder of the mineral right and within fourteen days of the date of
such notice, the holder shall pay the rental fees. If after notice, such fees are
not paid, the Minister shall give notice pursuant to section 55 of the Act.
Grant of mineral 26. (1) A mineral right shall be granted in accordance with the
rights. provisions of the Act and these Regulations and shall be as set out in Form 6 of
First Schedule. the First Schedule.
(2) Any mineral right granted by the Minister will include, as terms
and conditions, all plans and documentation approved by the Minister and any
agreement executed between the Government of Belize and the holder of the
mineral right.
Objections. 27. (1) Any person wanting to object to the approval for a claim,
quarry permit or mineral right, shall file an objection in writing with the Inspector,
giving the reasons for objection within 10 days of the last date on which the
application was published in the Gazette.
(2) An objection under paragraph (1) above, shall be made in
duplicate form and shall be accompanied by a non-refundable fee of one
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hundred dollars ($ 100) in respect of each application to which an objection is
made.
(3) Every person who files an objection shall serve a copy of the
objection at the registered address of the applicant within three days after filing
such objection and the procedure to be followed shall, mutatis mutandis, be
in accordance with Part X of the Act.
PART VI
ROYALTY AND TRANSFERS
28. (1) Subject to section 85 of the Act, the holder of a mining licence Royalty payable
or a claim shall pay to the Government a royalty in respect of any mineral for mineral.
obtained in the area of such mining licence.
(2) Royalty shall be payable pursuant to paragraph (1) above at
the rate of not more than:-
(a) five percent (5 %) of the ex-mine value of gold,
silver, platinum and other precious minerals; and
(b) three percent (3 %) of the ex-mine value of all other
minerals.
(3) In this Part,
“ex-mine value” means the sales price in arm’s length transactions of the F.O.B.
value of the mineral less transportation cost to the port of export from Belize or
place of disposition in Belize;
“arm’s length transaction” means a sale or transaction where:-
(a) the buyer and the seller in negotiating the sale have
sought to promote their own best interests in
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accordance with fair and honest business;
(b) the consideration expressed in the agreement for
sale is the only consideration for the sale; and
(c) the price and other terms of the sale have not been
affected by, nor determined as a consequence of,
any other agreement or any direct or indirect
relationship (other than the relationship created by
the agreement for sale between the sellers or
shareholders of the seller, or a company in which
the seller is a shareholder, and the buyer or
shareholder of the buyer, or a company in which
the buyer is a shareholder).
(4) Every holder of a mining licence shall submit to the Inspector,
within thirty days after the expiration of every quarterly period in a calendar
year, the amount of royalty in respect of any mineral obtained or sold in the
area of the mining licence.
(5) Upon payment of royalty as provided by this Regulation, the
Inspector shall issue a receipt certifying the amount of royalty paid.
(6) In the event that the holder of the mineral licence fails to pay
the royalty as provided, the Minister shall charge interest amounting to one
percent per day of the amount of the royalty owing for each day that the
offence continues after notice has been given.
Transfers. 29. (1) The transfer of a mineral right shall be done by making an
First Schedule. application in the form prescribed as Form 5 in the First Schedule and the
Second Schedule. application shall be accompanied by the fee specified in the Second Schedule.
(2) Upon receiving notice of any intended transfer and the fee as
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stipulated in the Second Schedule, the Inspector shall cause the same to be Second Schedule.
published in three consecutive issues of the Gazette.
(3) Every person wishing to object to such transfer shall proceed
in the manner provided in Part V of these Regulations.
(4) Nothing in these Regulations shall be construed as giving the
holder of a mineral right which contains any condition forbidding or limiting the
right of transfer, any right to transfer in contravention of such condition.
30. (1) In the case of a mineral right, if no objection is made or if any Approval/refusal
objections are over-ruled, the Minister shall, within fourteen working days of of transfer.
the receipt of the application or removal of objection, as the case may be, give
notice of his approval or refusal of the transfer pursuant to section 58 of the
Act.
(2) Where a transfer is approved by the Minister, the Inspector
shall record the transfer and issue a Certificate of Transfer in Form 6 of the First Schedule.
First Schedule.
31. No right, title or legal or equitable interest, shall be created in any quarry Transfer invalid if
permit or mineral right by the holder thereof in favour of any other person until not recorded.
such transfer has been recorded in accordance with these Regulations.
PART VII
MINERAL DEALER’S LICENCE AND EXPORT PERMIT
32. (1) Any person who wants to buy reserved minerals shall apply to Application for
the Inspector in the form prescribed in Form 7 of the First Schedule and shall mineral dealer’s
licence.
submit an application fee as stipulated in the Second Schedule. First Schedule.
Second Schedule.
(2) Upon receipt of an application under paragraph (1) above, the
Inspector shall review the application and issue a mineral dealer’s licence in the
form prescribed in Form 8 of the First Schedule and shall identify the reserved First Schedule.
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minerals in which the holder of the licence may deal.
Term of licence. 33. The term of a mineral dealer’s licence shall be three years and may be
renewed for subsequent terms of two years each. An application for renewal
First Schedule. shall be made in Form 7 of the First Schedule and shall be accompanied by
Second Schedule. the fee stipulated in the Second Schedule.
Cancellation of 34. A mineral dealer’s licence:-
licence.
(a) shall be cancelled by the Inspector in the event of
a conviction for an offence pursuant to section 100
of the Act; and
(b) may be cancelled for any other valid reason which
the Inspector deems necessary by giving the holder
of the licence notice in writing, which notice shall
give the reasons for such cancellation. Such notice
shall give the holder of the licence fourteen working
days to appeal the Inspector’s decision to the
Minister whose decision shall be final.
Book required to 35. (1) The holder of a mineral dealer’s licence shall keep a book in a
be kept by form approved by the Inspector and shall record the following particulars, and
licenced mineral
such further particulars, if any, as the inspector may from time to time require:
dealer.
(a) the name and address of every person from whom
reserved minerals are purchased during any month;
(b) the date of every such purchase;
(c) the weight and number of such reserved minerals
purchased at any one time;
(d) the name and address of every person to whom
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reserved minerals were sold or disposed of during
the month; the weight and number of such reserved
minerals; the number and date of the receipt given
for the purchase money and the signature of the
purchaser and, where exported through a local
bank, the name of the bank and the date of export;
and
(e) the weight and number of reserved minerals on hand
at the end of the month.
(2) The holder of a mineral dealer’s licence if so requested by the
Inspector or by an authorised officer, shall produce every such book for inspection
by the Inspector or authorised officer, as the case may be.
(3) The holder of a mineral dealer’s licence shall, within fifteen days
following the preceding month, forward to the Inspector a certified copy of
entries made in the book during the preceding month and such other particulars
as the Inspector may from time to time require.
(4) The holder of a mineral dealer’s licence commits an offence Offence and
where he:- penalty.
(a) fails to produce the book for inspection by the
Inspector or an authorised officer pursuant to
paragraph (2) above; or
(b) wilfully makes or concurs in making any materially
false entry in the book; or
(c) fails to comply with any of the provisions of
paragraph (3) above, and
shall be liable on summary conviction to a fine of five hundred dollars ($500) or
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to imprisonment for a term of six months, or to both.
Production of 36. (1) Where the book required to be kept under Regulation 35
reserved minerals. above shows that the holder of a mineral dealer’s licence has reserved minerals
in his possession, the holder, if requested by the Inspector or by an authorised
officer, shall produce such reserved minerals for inspection and the Inspector
or authorised officer may convey such reserved minerals to some place where
they can be properly weighed and the holder of the mineral dealer’s licence
shall have the opportunity of attending such weighing.
Offence and (2) The holder of a mineral dealer’s licence commits an offence
penalty. where,
(a) he fails to produce reserved minerals in his
possession for inspection as required by paragraph
(1) above; or
(b) in the absence of a lawful excuse, the weight or
number of the reserved minerals under paragraph
(1) above exceeds, or is less than, the weight or
number of the reserved minerals, as the case may
be, which is recorded in the book and in such case
the holder of the mineral dealer’s licence shall be
liable on summary conviction to a fine not
exceeding five hundred dollars ($500) or to
imprisonment for a term not exceeding six months,
or to both.
Application for 37. (1) Any person wishing to export minerals from Belize shall make
export permit. an application to the Inspector in the form prescribed as Form 9 of the First
First Schedule. Schedule and such application shall be accompanied by the fee stipulated in
Second Schedule. the Second Schedule.
(2) The Minister may grant a permit to an applicant in the form
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prescribed as Form 10 of the First Schedule and such permit shall be subject to First Schedule.
the terms and conditions stipulated in that permit.
(3) No export permit shall be required by any person who:- Exemption.
(a) has signed an agreement with the Government which
waives the requirement for such permit; or
(b) is exempted by the conditions of a claim, quarry
permit, or mineral right.
PART VIII
RESIDENCE/USE OF LAND
38. (1) The Inspector may, on such terms and conditions as he thinks Construction of
fit, permit any holder of a claim, quarry permit or mineral right to occupy a facilities.
portion of national land in the vicinity of the land subject of the claim, quarry
permit or mineral right for the purpose of erecting thereon a residence for himself
or persons in his employ, or any mill, or any work or building required for
mining purposes or for any activity connected with mining, provided that such
land is not required for mining operations or the occupation thereof would
interfere prejudicially with mining operations.
(2) The Inspector may, on the written application of the holder of a
claim, quarry permit or a mineral right, require the holder of any other claim,
quarry permit or mineral right to permit the holder of the first-mentioned claim,
quarry permit or mineral right to cut, construct and use therein, to the satisfaction
of the Inspector, any of the works mentioned in Regulation 38 which may be
necessary for the proper working of the first-mentioned claim, quarry or area
subject of mineral right, provided always that the holder of the claim, quarry
permit or mineral right on which such work is constructed shall be entitled to
receive from the holder of the other claim, quarry permit or mineral right such
compensation as the Inspector may award.
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Construction of 39. (1) The Inspector may, on such terms and conditions as he thinks
railway or tramway. fit, permit the holder of a claim, quarry permit, or mineral right to construct and
maintain a railway or tramway on any portion of national land leading to or
from his claim, quarry permit or area of the mineral right which may be necessary
for the better and more efficient working of such area.
(2) The Inspector may permit such railway or tramway to be
carried across the claim, quarry or land subject of mineral right of any other
person, provided that such railway or tramway does not interfere with, or
prevent the proper working of the claim, quarry or land subject of mineral
right. In the event that damage is done to such mining operations, the Inspector
may order that reasonable compensation be paid to such person by the person
who desires to construct and maintain the railway or tramway.
(3) Any dispute as to the amount of compensation awarded by
the Inspector or in connection with the operation of any railway or tramway
across the claim or land subject of mineral right, shall be determined in
accordance with the provisions of Part X of the Act.
PART IX
SURVEYS
Shape of area of 40. The area of land over which a mining right or quarry permit is granted
land. or renewed may be rectilinear or polygonal in shape.
Survey of claim, 41. (1) The holder of a claim who wishes to have the same surveyed,
etc. shall make an application for a survey to the Inspector and pay the necessary
fees and costs in advance.
(2) The holder of the mining licence or quarry permit shall have
the area covered by such licence or permit surveyed by a registered surveyor
and shall pay for the cost of the survey.
Demarcation of 42. (1) For the purpose of complying with section 43 of the Act and
mining area.
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subject to paragraph (2) of this Regulation, a mining area shall be demarcated
by the erection of beacons so placed as to afford evidence of the boundaries of
the mining area, or in such other manner as may be agreed between the Inspector
and the licencee of the mining area.
(2) Where the mining area is wholly or partly constituted by land
beneath water or the seabed, then, for the purpose of complying with section
43 of the Act, the mining area or the part of it so constituted shall be demarcated
in such manner as may be required by the Inspector by notice served on the
licencee of the mining area.
(3) The method of marking the boundaries of a prospecting area shall
be the same as provided in paragraphs (1) and (2) of this Regulation.
43. Where there is a dispute over land which is the subject of a claim, Determination of
quarry permit or mineral right, the dispute shall be determined in accordance disputes.
with the provisions of Part X of the Act and costs shall be determined by the
Board and recovered as cost in the cause.
44. Where the Inspector considers it necessary that a survey should be Survey to be
made to avoid dispute or error, he shall cause the holder of a claim, quarry done in case of
permit or mineral right to carry out such survey either wholly or in such proportion dispute.
as the Inspector may direct.
45. A surveyor may modify or alter the boundaries of a claim, quarry or Alteration of
land subject of a mineral right so as to make the claim, quarry or land subject of boundaries.
the mineral right conform to these Regulations, or so as to avoid interference
with the rights and privileges of persons other than the holder of the claim,
quarry permit or mineral right, provided that any material modification or alteration
will be done with the agreement of the holder of the claim, quarry permit or
mineral right and the Inspector.
46. The fees to be deposited for any survey ordered by the Inspector shall Survey fees.
be based on the actual estimated cost of the survey, including the surveyor’s
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salary and field allowances. If such estimate is subsequently found to exceed
or to be less than the actual cost as aforesaid, the difference shall be returned
to or paid by the applicant, as the case may be.
PART X
KEEPING OF RECORDS OF MINERALS
Duty to keep 47. (1) Every holder of an exclusive prospecting licence, claim, quarry
record of minerals. permit or mining licence or his representative shall record in a book, kept at
the area of operations or in any place approved by the Inspector, a correct
account of all minerals obtained from the area the subject of exclusive
prospecting licence, claim, quarry permit or mining licence.
(2) The pages of the book shall be consecutively numbered; shall
bear the stamp and number of the Geology and Petroleum Office; shall be in a
form approved by the Inspector; and shall at all times be open to inspection by
any authorised officer.
(3) The account of minerals shall be written up daily, and shall
include any day on which minerals are not obtained.
(4) A copy of the account shall be furnished on any specified date
if so requested by the Inspector.
Production of 48. An authorised officer, may at any time, require the holder of an exclusive
minerals may be prospecting licence, claim, quarry permit or mining licence or his representative,
required by to produce all minerals which are stored on the land subject of exclusive
authorized officer.
prospecting licence, claim, quarry permit or mining licence for the purpose of
enabling the authorized officer to compare the quantity with the books and the
authorized officer may search any such prospecting area, claim, quarry or
mining area, and every person thereon, if he has reason to believe that any
such mineral has not been produced.
Offence and 49. The holder of any exclusive prospecting licence, claim, quarry permit
penalty.
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or mining licence or his representative who:-
(a) fails to comply with the provisions relating to the
keeping and use of a book under this Part; or
(b) refuses or neglects to allow any authorized officer
to inspect such book or fails to comply with any
reasonable request made by the authorized officer;
or
(c) refuses or neglects to produce any minerals when
required by the authorized officer to do so,
commits an offence and shall be liable on summary conviction, for each offence,
to a fine not exceeding five hundred dollars ($500) or to imprisonment for a
term not exceeding six (6) months, or to both.
PART XI
RETENTION OF MINERALS
50. (1) Where the Inspector has reasonable cause to suspect that:- Retention of
minerals.
(a) minerals have been obtained from land not the
subject of a claim, quarry permit or mineral right;
or
(b) the rent payable has not been paid; or
(c) minerals have been stolen or are not the property
of the person in whose possession they are found;
he may retain the minerals, and, if such minerals are retained by any authorized
officer, such officer shall forward a report to the Inspector explaining the reasons
for the retention.
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(2) The Inspector shall, on retention or upon receipt of the report,
make inquiries and take such action as he may think fit.
(3) All expenses incurred in retaining the minerals, if any, shall be
a charge against the person in whose possession they were found, and the
minerals shall not be released by the Inspector until the expenses have been
paid.
Delivery of 51. Any minerals retained under these Regulations may be delivered up to
minerals. any person on sufficient security being given by, or on behalf of such person to
cover the value thereof.
PART XII
MISCELLANEOUS
Service of 52. A document or notice required or permitted to be served on or given
documents. to the Minister or the Inspector under or for the purpose of the Act or these
Regulations may be served on the Minister or Inspector by:-
(a) serving it personally upon the Minister or
Inspector; or
(b) by sending it by registered post to the office of the
Minister or Inspector, as the case may be; or
(c) sending it by fascimile to the office of the Minister
or Inspector and mailing the original to the address
of same.
Delivery of notice. 53. Delivery of any notice or process required by these Regulations at a
registered address for the time being shall have the same effect as personal
service.
Register to be kept 54. (1) The Inspector shall keep a register in which all mineral rights,
by Inspector.
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quarry permits and claims, and any interests created therein, shall be registered,
and the register shall be open to public inspection.
(2) A certified copy of the particulars relating to any mineral right,
quarry permit or claim or interests therein shall be given to any person requesting
same, on payment of the fee specified in the Second Schedule to these Second Schedule.
Regulations.
55. The production of a copy of particulars pursuant to Regulations 5 and Copy of
54, certified by the Inspector to be a true copy shall prima facie be proof of particulars prima
the matters therein mentioned. facie proof.
PART X
WATER AND TIMBER RIGHTS
56. (1) Where any water-course passes through or is adjacent to any Use of water.
claim, quarry or land subject of a mineral right, the use of the water passing
through or along the same shall be subject to any law or regulations which may
be in force from time to time.
(2) Subject to paragraph (1) above, every mineral right holder shall
be entitled to the free use of water naturally flowing through or past the area
subject of the claim, quarry permit, or mineral right, and not already lawfully
appropriated in such manner, which may, in the opinion of the Inspector, be
necessary for the proper working thereof.
57. (1) No person shall back the water of any river, creek or Offence and
water-course upon any claim or cause any claim to be flooded, either wilfully or penalty.
by neglect, through the construction of any dam or stop-off, or in any other
way.
(2) Any person who contravenes paragraph (1) of this Regulation
commits an offence and shall be liable on summary conviction to a fine not
exceeding five hundred dollars ($500) or to imprisonment for a term not
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exceeding six (6) months, or to both.
(3) In addition to the penalty stated in paragraph (2) above, any
person who backs any river, creek or water-course so as to obstruct or cause
damage to any road, railway, trial or other means of access, shall be liable for
such damages as may be assessed by the Inspector.
Permission to 58. The Minister may permit any person on such terms and in accordance
construct dam, etc. with any law:-
(a) to construct and use any dam, reservoir or water
race, or lay down pipes for the conveyance of
water, or erect any wire or land cable for the
purpose of conveying electricity, and to erect and
use pumping or other machinery in connection
therewith, through or upon any national lands
(whether or not the land is a claim or area subject
of a mineral right) for the purpose of working any
claim; and
(b) to take, direct, and use any water from any river,
creek, tributary, stream, lake or pool, situated upon
or flowing through any national lands for the
purpose of supplying water for any machine, any
engine or machinery employed for mining
purposes; provided that such works shall not
unduly interfere with existing rights or cause
damage to the environment.
Water-race to 59. (1) Every water-race shall have a point to be specified by the
have point of use. Inspector at which point water shall be taken from the river, creek, or other
source, but in no case shall such river, creek or other source be included in or
form part of any water-race or pipe for the conveyance of water.
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(2) Any licencee of a water-race who leads a water-race across
any road or thoroughfare shall construct and keep in repair suitable crossings,
to the satisfaction of the Inspector.
60. The natural channel of a river or creek shall be considered as a public Public trail race.
trail race, and all claim holders and mineral right holders shall be entitled to, and
if required by an Inspector, shall turn their trail water into the river or creek at
the end of their claim or mining land subject to a mineral right.
61. Subject to the laws and regulations in force from time to time, the holder Timber rights.
of a claim, quarry permit or mineral right shall have the right to use such timber
located on land subject of claim, quarry permit or mineral right as may be required
for the proper working of such claim or land.
MADE by the Minister responsible for mines and minerals this 5th day
of April, 1994.
(EDUARDO JUAN)
Minister of Natural Resources
Minister Responsible for Mines and Minerals
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FIRST SCHEDULE
[Regulation 4]
FORM 1
BELIZE
NON-EXCLUSIVE PROSPECTING LICENCE
No. _______ of 2 _____.
Issued to Mr./Mrs./Ms. ___________________________________ to prospect for
_______________________________________________________________________
____________________________________________________ in the country of Belize.
This Licence authorizes the holder to enter into all lands of __________________
with the following exceptions:
(a) Any private land, without the prior written consent of the owner and/or
lawful occupier.
(b) Any area already held under a Mineral Right, Claim Licence or Quarry
Permit.
This Licence is valid for one (1) year from and including the date of issue.
The licence holder shall at all times comply with the conditions attached hereto, the
breach of which shall be a ground for the revocation of this Licence.
Administration fee: ________________________
Date: __________________________________
Signed: ________________________________
INSPECTOR OF MINES
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OTHER CONDITIONS
1. Samples taken during prospecting are for analysis only.
2. Duplicate samples of mineral samples found in the field should be lodged with the
Inspector of Mines within 14 days of the taking of such samples.
3. Samples may be extracted for sale only on the award of a Claim Licence/ Mining
Licence.
4. The holder of a Non-Exclusive Prospecting Licence shall report a commercial find
within 30 days of such a find and an archaeological find within 96 hours of such find.
5. The holder of a Non-Exclusive Prospecting Licence shall observe all laws, regulations
and rules especially those pertaining to national lands, forests, and the environment.
6. The holder of a Non-Exclusive Prospecting Licence shall NOT wilfully discharge into
the environment (stream, etc.) poisonous wastes/effluents during prospecting in Belize.
Signed: ___________________________________
INSPECTOR OF MINES
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FIRST SCHEDULE
[Regulation 14]
FORM 2
APPLICATION FOR REGISTRATION OF CLAIM
BELIZE
To the Inspector of Mines
I/We ______________________________________________________ hereby
make application for the Registration of a Claim to mine for _________________________
in the ___________________________ District under Non-Exclusive Prospecting Licence
No. _______________.
The situation and description of the Claim are attached and a Location Board has been
posted.
Dated this ______ day of ________________, 2 _____.
(Signed) __________________
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FIRST SCHEDULE
[Regulation 23]
FORM 3
BELIZE
APPLICATION FOR A QUARRY PERMIT
Quarry No. ______ of 2 ____.
To the Inspector of Mines
______________________________________________________________________
1. Name of applicant __________________________________________________
2. Nationality of applicant ______________________________________________
3. Age of applicant ___________________________________________________
4. Address in Belize at which notices, etc., may be served
________________________________________________________________
5. If a company, name of principal shareholders ______________________________
________________________________________________________________
6. Address of company ________________________________________________
________________________________________________________________
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7. Whether he has previously made an application for a Quarry Permit and if so, whether
any such application has been refused
8. Whether the applicant or his employer (if any) has previously held any permit, right or
licence authorizing quarrying, prospecting, or mining in Belize, which has been revoked
or forfeited _______________________________________________________
9. (a) The part of Belize in which he intends to quarry ______________________
(b) Ownership of the land over which the quarry permit will be granted. If not
owned by the applicant, a copy of the agreement with the landowner, if
applicable.
10. Whether the applicant wants to have a Registered Quarry
Yes ____ No ____
11. The type of material he intents to extract __________________________________
12. The quantity of material he intends to extract ______________________________
13. The price of material to be extracted ex-mine ______________________________
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Attach documentation required pursuant to the Regulations.
Signature of applicant or agent ______________________________________________
Date: ____________________
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FIRST SCHEDULE
[Regulation 25]
FORM 4
BELIZE
APPLICATION AND RENEWAL FORM FOR A MINERAL RIGHT
RECONNAISSANCE LICENCE, EXCLUSIVE PROSPECTING LICENCE, AND
MINING LICENCE, to the Government Inspector of Mines.
Number of Application
(To be filled in by Mines Department)
_____________________________________________________________________
1. Name of applicant ________________________________________________
2. Nationality of applicant _____________________________________________
3. Age of applicant __________________________________________________
4. Address in Belize at which notices, etc., may be served _____________________
_______________________________________________________________
_______________________________________________________________
5. If a company, name of principal shareholders _____________________________
_______________________________________________________________
6. Address of company (and Agent) _____________________________________
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________________________________________________________________
7. Whether he has previously made an application for a Mineral Right, N.E.P.L.
or Quarry Permit, and if so, whether any such application was refused
________________________________________________________________
8. Whether the applicant or his employer (if any) has previously held any Permit, Right or
Licence authorising prospecting/ mining in Belize which has been revoked or forfeited
________________________________________________________________
9. Description of area, the part of Belize in which he intends to prospect/ mine
________________________________________________________________
10. The type of materials he intends to extract ________________________________
________________________________________________________________
11. The quantity of materials he intends to extract _____________________________
________________________________________________________________
12. The price of material to be extracted ex-mine ______________________________
(a) ____________________________________________________________
(b) ____________________________________________________________
(c) ____________________________________________________________
(d) ____________________________________________________________
(e) ____________________________________________________________
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13. Requested duration of Reconnaissance Licence or Exclusive Prospecting Licence or
Mining Licence ___________________________________________________
_______________________________________________________________
14. Signature of applicant ____________________________
Date _________________
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FIRST SCHEDULE
[Regulation 29]
FORM 5
BELIZE
APPLICATION FOR TRANSFER OF MINERAL RIGHT
I, ______________________________ of ____________________________________
intend to transfer _________________________________________________________
my right, title and interest in and to the following Mineral Right
_____________________________________________________________________________
_________________________________________________________________________
____________________________________________________________________________
to ___________________________________________________________________ .
(Signed) _____________________
Accepted by me to be held subject to the Mines and Minerals Act and Regulations and conditions
attached.
(Signed) _____________________
Transferee
Dated this ____ day of ________________, 2 _______.
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FIRST SCHEDULE
[Regulation 26]
FORM 6
BELIZE
APPROVAL OF TRANSFER OF MINERAL RIGHT
I, _______________________ , Minister of Natural Resources, do hereby approve of the
transfer of Licence No. ________________ dated ______________________________
to _________________________ the transferee.
Dated at Belmopan, this ____ day of _________________, 2 _______.
(Signed) __________________________
Minister of Natural Resources
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FIRST SCHEDULE
[Regulations 32 & 33]
FORM 7
BELIZE
APPLICATION AND RENEWAL FORM FOR RESERVED MINERALS,
MINERAL DEALER’S LICENCE
No. ________ of 2 ______.
________________________________________________________________________
1. Name of applicant __________________________________________________
2. Nationality of applicant _______________________________________________
3. Age of applicant ____________________________________________________
4. Address in Belize at which notices, etc., may be served
________________________________________________________________
5. Whether the applicant has previously made an application to purchase minerals in Belize.
If yes, furnish details
________________________________________________________________
________________________________________________________________
6. Signature of applicant or agent _________________________________________
________________________________________________________________
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7. Date of application __________________________________________________
FIRST SCHEDULE
[Regulation 32]
FORM 8
BELIZE
MINERAL DEALER’S LICENCE
No. ______ of 2 _______.
Issued to ________________________________________ under section 99 of the Mines
and Minerals Act _________________________________________________________
________________________________________________________________________
This Licence being valid for _______ years from and including the date of issue.
The licence holder shall at all times comply with the conditions in the Mines and Minerals Act
and Regulations, the breach of which shall be a ground for the revocation of this licence.
DATE OF ISSUE: _____________________
SIGNED: _____________________
(INSPECTOR OF MINES)
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[CAP. 226
FIRST SCHEDULE
[Regulation 37]
FORM 9
BELIZE
APPLICATION FORM TO EXPORT MINERALS
No. ______ of 2 ______.
1. Name of Applicant/Company __________________________________________
2. Nationality of applicant/major Shareholders _______________________________
________________________________________________________________
3. Age of applicant ___________________________________________________
4. Address in Belize at which notices, etc., may be served ______________________
________________________________________________________________
5. Whether the applicant has previously made an application to purchase minerals in Belize.
If yes, furnish details _________________________________________________
________________________________________________________________
6. The type of minerals to be exported _____________________________________
7. Signature of applicant/company representative/manager _______________________
________________________________________________________________
8. Date of application __________________________________________________
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REVISED EDITION 2003
50 CAP. 226] Mines and Minerals
SIGNED:
__________________________
FIRST SCHEDULE
[Regulation 37]
FORM 10
BELIZE
MINERAL EXPORT PERMIT
To export the mineral(s) ____________________________________________________
______________________________________________________________________
issued on this _____ day of ________________, 2 ______ to Mr/Mrs/The Company under
registered Quarry Permit No. _________of 2 ______. The total volume of such mineral (s)
not to exceed _____________________________ tons/cubic yards. On the condition that
all royalties and taxes are paid to the concerned relevant Government, Quasi-Government
bodies except where such royalties and taxes are waived or exempted by the responsible
authorities.
SIGNED: ___________________________
(INSPECTOR OF MINES)
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SECOND SCHEDULE
INDIVIDUAL/ INDIVIDUAL/
COMPANY COMPANY
1. APPLICATION FEE/RENEWAL FEE LOCAL BZ$ FOREIGN US$
Non-Exclusive Prospecting Licence 10.00 10.00
Claim Licence 25.00 25.00
Quarry Permit/Registered Quarry 10.00 10.00
Reconnaissance Licence 25.00 25.00
Exclusive Prospecting Licence 50.00 50.00
Mining Licence 100.00 100.00
Mineral Dealer Licence 50.00 50.00
Reserved Minerals Licence,
Mineral Export Licence, and for all
others not specifically mentioned herein 50.00 50.00
II. PERMIT/LICENCE FEE (ANNUAL)
AND FOR YEARLY RENEWAL
Non-Exclusive Prospecting Licence 50.00 50.00
Claim Licence 300.00 300.00
Quarry Permit )) 0 - 5,000 cu yds 500.00 500.00
Registered Quarry) 5,000-10,000 cu yds 700.00 700.00
10,000-16,0000 cu yds 1,000.00 1,000.00
Reconnaissance Licence 250.00 250.00
Exclusive Prospecting Licence 300.00 300.00
Mining Licence 500.00 500.00
Mineral Dealer’s Licence 1,000.00 1,000.00
Mineral Export Licence 500.00 500.00
Non Commercial Quarry Permit 25.00 25.00
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III. REGISTRATION FEE
Claim 100.00 100.00
Quarry 100.00 100.00
IV. TRANSFER OF PERMIT/LICENCES
Quarry permit 100.00 100.00
All others 250.00 250.00
V. CERTIFIED COPIES OF LICENCES 50.00 50.00
VI. ROYALTIES
Industrial and construction mineral ex-mine value on:
Government Land 3%
Private 2 1/2%
Precious Minerals 5%
Provided that:
Where royalties are outstanding, a late fee equivalent to one percent (1 %) total
value of outstanding royalties will be levied also, for each additional day after
the date on which royalty was due.
VII. RENTAL
An annual rental of ten dollars BZ/US ($10.00 BZ/US$) per acre, bar, boats,
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Mines and Minerals [CAP. 226 53
etc., be charged for all mining/quarrying operations.
For an Exclusive Prospecting Licence the annual rental per acre being:
LOCAL FOREIGN
0.50 BZ$ 0.50 US$ 1st year
0. 70 BZ$ 0.50 US$ 2nd year
1.00 BZ$ 1.00 US$ 3rd year
For a Reconnaissance Licence the annual rental per acre being:
LOCAL FOREIGN
0.25 BZ$ 0.25 US$ 1st year
0.35 BZ$ 0.35 US$ 2nd year
0.50 BZ$ 0.50 US$ 3rd year
____________
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CHAPTER 226
MINES AND MINERALS
(SAFETY, HEALTH AND ENVIRONMENTAL) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
GENERAL PROVISIONS
3. Inspector to investigate accidents.
4. Maximum hours of employment.
5. Minimum age of employment.
6. Approval to commence work.
7. Application to vary regulation.
8. Inspections.
9. Appointment of mine manager.
10. Duty to ensure compliance with Regulations.
11. Supervision of workers.
12. Duty to keep mine plans.
13. Elimination of hazards at work place.
14. Worker training.
15. Requirement for safety and health committees.
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16. Worker’s right to refuse hazardous work.
PART III
ENVIRONMENTAL PROTECTION, RECLAMATION
AND ABANDONMENT
17. Plans and information required.
18. Annual reclamation report.
19. Protection of dangerous openings where operations suspended.
20. Protection of dangerous openings where mine closed.
21. Reclaimed land surface.
22. Stability of engineered structures.
PART IV
EXPLORATION
23. First aid requirements during exploration.
24. Worker training for exploration work.
25. Electrical surveying systems/I.P. Geophysical surveys and safeguards.
26. Discovery of uranium or thorium.
27. Evaluation of acidic drainage potential.
28. Shoring of excavations re: pits and trenches.
29. Underground work to be of acceptable standard.
PART V
MINE DESIGN AND PLANNING
30. Mine design and planning. Supporting documentation - mining plans.
31. Supervisor to examine workings.
32. Fencing of openings.
33. Water sprays to suppress dust.
34. Restriction in excavation of loose material.
35. Removal of unconsolidated hazards.
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36. Haulage road standards / shoulder barriers on roads.
37. Transport of persons.
38. Training of equipment operators.
39. Operator’s field of vision.
40. Supervisor to examine dump.
41. Duty to keep updated mine plans.
42. Boundary pillars underground.
43. Secondary exit from underground.
44. Duty to provide refuge station.
45. Approval to build underground dam.
46. Removal of gases from underground mines.
47. Precautions for combustible dusts.
48. Ventilation.
49. Maximum quantities of oil stored underground.
50. Removal of wastes.
51. Pre-shift workplace check.
52. Steeply inclined raises.
53. Abandoned underground workings.
54. Water in ore and waste passes prohibited.
55. Standards for construction of ladders.
56. Minimum clearance for track haulage.
PART VI
MACHINERY AND EQUIPMENT
57. Specifications for installation of grinders.
58. Preumatic tools - prohibition on modification of controls.
59. Non - removal of guards while servicing machinery.
60. Compressed gas cylinder safety.
61. Standards for lifting devices.
62. Installation specifications for boiler and pressure vessels.
63. Installation standard for elevators.
64. Crossing or riding conveyor belts.
65. Standard procedures for air compressors.
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66. Portable ladders.
67. Standards for elevating work platforms.
68. Permission to operate diesel equipment.
69. Backup alarm required for mobile equipment.
70. Train fitments.
71. Electrical guarding for cranes.
72. Erection standards for platforms.
73. Non - destructive testing of raise climbers.
PART VII
ELECTRICAL APPARATUS
74. Installation and maintenance standards.
75. Notification before installation.
76. Isolating switchgear.
77. Manager to develop lockout procedure.
78. Handling of trailing cables.
79. Ground fault protection of submersible pumps.
80. Ground fault protection for supply system.
PART VIII
BUILDINGS AND STRUCTURES
81. Standards for buildings.
82. Construction standard for buildings and structures.
83. Escape exits.
84. Standards for stairs.
85. Guardrails for pits, etc.
86. Standards for walkways.
PART IX
DUMPS (TIPS), DAMS AND LAGOONS
87. Application required for construction.
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88. Annual report.
89. Engineer’s inspection and report on closure.
PART X
EXPLOSIVES
90. Permit required for explosives.
91. Training and blasting qualifications.
92. Use, care and handling of explosives.
93. Transportation of explosives by authorized persons.
94. Loading explosives.
95. Blasting time.
96. Minimum distances for drilling near explosives.
97. Misfired hole on surface.
98. Removal of explosives from mine site.
99. Common blasting time for adjacent mines.
PART XI
PERSONNEL SAFETY AND EMERGENCY PREPAREDNESS
100. Intoxicating substances.
101. General safety rules.
102. Working in confined spaces.
103. Fire fighting and mine rescue. Fire hazard warning signs.
PART XII
HOISTS AND SHAFTS
104. Shaft design.
105. Hoist permit.
106. Headframe design.
107. Hoist ropes / factor of safety.
108. Load rating certificate for hoisting conveyances.
109. Hoist drum / rope ratios.
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110. Shaft conveyance signals.
111. Persons and ore not to be transported simultaneously.
112. Hoist operator’s entries into logbook.
PART XIII
INDUSTRAL HYGIENE
113. Workplace contaminants. Maximum exposure concentrations.
114. Storage of hazardous materials.
115. Hazardous materials and waste. Spray asbestos.
116. Eyewash and water baths to be provided.
117. Maximum noise levels.
118. Emergency lighting.
119. Drinking water provided.
120. Labelling hazardous substances.
PART XIV
OFFENCES AND PENALTIES
121. Offence and penalty.
122. Savings in respect of other offences.
____________
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Ch. 183.
33 of 1994. CHAPTER 226
MINES AND MINERALS
(SAFETY, HEALTH AND ENVIRONMENTAL) REGULATIONS
(Section 119)
[30th April, 1994.]
Short title. PART I
PRELIMINARY
1. These Regulations may be cited as the
Interpretation. MINES AND MINERALS (SAFETY, HEALTH AND
ENVIRONMENTAL) REGULATIONS.
2. (1) In these Regulations, unless the context otherwise requires:-
“abandoned mine” means a mine for which all permit obligations have been
completed to the satisfaction of the Inspector;
“accident” means an unintended event that results in physical harm to a person,
damage to property or pollution of the land and watercourses;
“approved type” means any equipment that has been approved for use in a
mine by the Inspector;
“asbestos free” means containing less than 1% asbestos;
“authorized person” means a qualified person appointed or designated by the
manager to perform specified duties;
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“bench” means a horizontal plane above which material is excavated from a
contiguous face and on which drilling, blasting and material haulage may be
carried out;
“blaster” means a person who is certified to conduct blasting operations at a
mine;
“blasting agent” means a relatively insensitive, ammonium nitrate explosive which
includes any ammonium nitrate and fuel oil mixture, emulsion, slurry, or water
gel;
“blasting machine” means a portable device used to initiate a blast by electricity;
“bootleg” means a remnant of a blast hole that remains after a blast was initiated;
“catchment berm” means a bench designed to arrest material which sloughs
from a face or wall at elevations above the face being worked;
“collar” means the start of a drilled hole, adit or shaft excavation;
“confined space” means a tank, process vessel, underground vault, tunnel, or
other enclosure not designed or intended for human occupancy without special
protective equipment or procedures;
“dam” means a barrier on the surface preventing uncontrolled release of either
water or loose, solid material, or a barrier underground to prevent the
uncontrolled flow of liquid or slurry;
“detonator” means a blasting cap, or other device used to initiate detonation of
an explosive;
“dump” means an accumulation of rock fragments or other unconsolidated
material formed by pushing or dropping the loose material over a crest and
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allowing it to come to rest without further handling;
“dump berm” means a barrier or ridge of material other than mud, acting as a
guide that will indicate the limit of travel of a vehicle from which material is to
be dumped over a drop off of more than 3 meters;
“dump block” means a barrier of sufficient size and strength and anchored
sufficiently to prevent a vehicle from entering an opening;
“dust exposure occupation” means employment in an asbestos mine or where
a person is normally required to work more than 20% of the working time in a
month:-
(a) underground in a mine;
(b) in the surface mining activity of an open cast mine,
crushing plants, assay grinding rooms, coal cleaning
plants and dry processing plants;
(c) at other locations designated by the Inspector;
“electrical grounding” means to connect with the ground to make the earth
part of the circuit;
“embankment” means a darn, fill, or dump raised from the ground or lying
against a hill having an exposed slope comprised of placed material;
“explosive” means any chemical compound or mixture which, when detonated,
violently decomposes producing a large volume of gas at high temperatures
capable of having destructive effects;
“face” means a surface of rock, ore, coal, or other material exposed by blasting
or excavation which extends from a bench or floor to an upper bench or to the
natural land surface;
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“haulage road” means a part of a mine used for the transport of coal, minerals,
or waste rock;
“height of slope” means the difference in elevation between the crest or top of
the slope and the toe or base of the slope;
“impoundment” means a body of water or poorly consolidated solid matter,
confined by natural and/or constructed barriers and includes those barriers and CAP. 226.
related items;
“Inspector” means the Inspector of Mines and Minerals appointed under section
5 of the Mines and Minerals Act, 1988;
“leg wires” means the wires attached to an electric blasting cap used for initiating
its detonation;
“magazine” means a building, storehouse, or structure where explosive materials
are kept or stored but does not include containers used for transporting explosives
or day box storage;
“manager” means the person appointed under Regulation 9 of these Regulations,
by the owner, occupier, or holder of a mine to be responsible for the management
and operation of the mine;
“non-electric cap” means a detonator which does not require an electric current
to initiate its explosive charge;
“Occupational Health and Safety Committee” (hereinafter referred to as the
“OHSC”) means the joint worker management committee established for each
mine under these Regulations;
“occupier or holder” means a person having control of a mine on behalf of the
owner;
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“overburden” means all unconsolidated soil material overlying bedrock;
“primed cartridge” means an explosive containing a detonator;
“qualified person” means a person who, in the opinion of the manager, is
(a) qualified to perform the duties assigned by
the manager because of knowledge,
training, and experience in the design,
organization and supervision of the work;
(b) familiar with the provisions of these
Regulations that apply to the duties
assigned;
(c) capable of identifying any potential or
actual danger to health or safety in the
workplace;
“ramp” means a sloping roadway and in the case of a surface mine, connects
two levels of excavation or benches;
“safety fuse assembly” means a device to convey flame to a non-electric blasting
cap and consists of black powder, tightly wrapped and enclosed in a waterproof
material, which burns at a constant rate;
“shaft” means a vertical or inclined opening in the ground, driven from the surface
and includes a winze or incline;
“shoulder barrier” means a barrier or ridge of material, other than mud, placed
along the edge or crest of a surface roadway, ramp, dump, or stockpile where
vehicles operate and where there is a drop off of more than 3 meters (10 feet);
“standard guardrail” means a structure comprised of a top rail approximately
1070 mm (42') above floor level, a toe board, and a midrail midway between
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the top rail and the toe board and designed to withstand a load of 900 N (200
lbs.) applied in any direction on the top rail;
“stope and stoping” means the location of underground ore extraction openings
and the method of mining;
“surficial soil material” means those soils commonly contained in the upper layers
of the overburden mass, which are suitable for use in reclamation as a growth
medium;
“tailing” means the residue remaining from the preparation of a concentrate of
minerals or coal;
“threshold limit value - time weighted average (TLV-TWA)” means the time
weighted average concentration for a normal 8 hour day and a 40 hour
work-week, to which nearly all workers can be repeatedly exposed without
adverse effect;
“threshold limit value - short term exposure limit (TLV-STEL)” means the
concentration to which workers can be exposed continuously for a short period
of time, provided the daily TLV-TWA is not exceeded. TLV-STEL shall be no
longer than 15 minutes, be separated by at least 60 minutes, if repeated, and
occur no more than four times per day;
“threshold limit value - ceiling (TLV-C)” means the concentration that must not
be exceeded during any part of the working exposure;
“toe board” means a metal or wood guard strip, approximately 100 mm (4") in
height, that is part of a guardrail structure and placed along the floor to prevent
tools or other material from falling off;
“wall” means a surface of rock or material exposed by the excavation of one or
more faces and benches in successive layers;
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“waste emplacement” means a location of deposited waste including dumps,
impoundments, lagoons, piles, tips and impoundments;
CAP. 226.
“workplace” means a place where work is carried out in, on or about a mine.
(2) The words and expressions used in these Regulations shall
have the meanings respectively assigned to them in the Mines and Minerals
Act.
Inspector to PART II
investigate GENERAL PROVISIONS
accidents.
3. (1) Where an accident that has caused serious personal injury,
Manager’s loss of life or property, or environmental damage has occurred, the Inspector
repsonsibilities for shall carry out an investigation and make a report thereof to the Minister.
investigation.
(2) Where an accident causes loss of life or serious personal injury
or any dangerous occurrence takes place, the manager shall inform the Inspector
and the OHSC as soon as possible and ensure that, except for the purpose of
saving life, that the scene of the accident or occurrence is not disturbed without
Manager’s accident the approval of the Inspector, and that an investigation is conducted that includes
report. the OHSC.
(3) Upon completion of an investigation under this Regulation,
the manager shall prepare a report that, wherever possible, identifies the cause
of the accident, any unsafe conditions, acts or procedures which contributed
Dangerous to the accident, make recommendations to prevent similar accidents and shall
occurences. submit the report to the Inspector in the prescribed form.
(4) In this Regulation,” dangerous occurrence” includes the
following:-
(a) unexpected groundfall or subsidence, whether on
surface or underground;
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(b) cracking or subsidence of a dam or impoundment
or any unexpected seepage, loss of freeboard,
washout or erosion;
(c) any accident involving the mine hoisting plant,
including sheaves, ropes, conveyance, shaft, timber,
or headframe;
(d) unexpected inrush of water, mud, slurry, or debris;
(e) a premature or unexpected explosion;
(f) significant inflow or release of explosive or
dangerous gas;
(g) any outbreak of fire;
(h) unplanned stoppage of the main underground
ventilation system;
(i) any other unusual accident; or
unexpected event that had the potential to result in serious personal injury or Monthly accident
environmental damage. report.
(5) The manager shall, at the end of each month, forward a report
in a form approved by the Inspector, on all accidents and dangerous occurrences Maximum hours
to the Inspector. of employment.
4. (1) The manager shall not permit the employment of a person at a Exceptions.
mine for a period longer than 8 hours in any 24 hours.
(2) Subregulation (1) does not apply:-
(a) to emergencies, where life or property is in danger;
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(b) where urgent work is essential to the continuation
of the ordinary working of a mine, provided it is
only on an infrequent basis; or
Restriction. (c) where work schedules incorporate periodic shift
changes within a 24 hour period.
Variance. (3) Work performed pursuant to subregulation (2) (b)and (c) shall
not exceed 16 hours in any 24 hour period.
(4) The Inspector may, after investigating a joint request from the
manager and the workers affected and after supervising a secret ballot vote at
Minimum age of the mine, grant a variance to the work hours by prescribing hours of work for
employment. designated areas or classifications.
Approval to 5. The manager shall not employ persons under eighteen years of age at
commence work. a mine unless for the purposes of training.
6. (1) Before commencement of any work in, on, or about a mine,
with respect to a licence issued for reconnaissance, non-exclusive prospecting,
exclusive prospecting, mining or quarrying, the owner, occupier, or holder
CAP. 226. shall submit plans outlining the details of the proposed work and a program for
the protection and reclamation of the land and watercourses affected by the
Application to vary mining activity as required by sections 15 (e), 24 (e), and 36 (3) (h) of the
Regulation. Mines and Minerals Act.
7. (1) The Inspector may, on receiving a written application from
the manager, the OHSC, or a local union requesting the suspension or variance
of a provision of the Regulations, suspend or vary the provision if, in the opinion
Notification of of the Inspector, the provision is not necessary to health, safety or environmental
affected parties. protection at an individual mine.
(2) The Inspector shall ensure that the parties affected by an
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application are advised of the application and the subsequent decision respecting Inspections.
a variance.
Inspection reports.
8. (1) The Inspector may inspect a mine at any time.
(2) The Inspector shall complete an inspection report writing any
infractions, any orders for remedial action and the time limits for compliance
within 7 days and shall forthwith provide the manager, the OHSC and any local Inpsector’s orders
union with a copy thereof. to comply with
Regulations.
(3) Where the Inspector is of the opinion that a delay in remedying
a hazard would be dangerous to persons or property, the Inspector shall issue
an order for immediate remedial action, suspending regular work until the remedial
action is taken, or for closing the mine or part of it until remedial action is Inspector’s
completed. authority to
alleviate danger or
remedy pollution.
(4) Where the Inspector is of the opinion that work may be
necessary in, on, or about a closed or abandoned mine in order to avoid danger
to persons or property or to abate pollution of the land and watercourses affected
by the mine, the Inspector may enter on or below the surface and may cause Manager’s
work to be done to remove or alleviate the danger or remedy the pollution. response to
inspection report.
(5) The manager shall, within 15 days after receiving the Inspector’s
inspection report, submit a written report outlining the remedial steps taken and
any outstanding remedial work left to be done and shall forthwith provide a Duty to facilitate
copy of the report to the Inspector and the OHSC. Inspector’s work.
(6) The owner, occupier, holder, or manager and all persons in,
on, or about a mine shall provide the Inspector with every facility necessary for Appointment of
the completion of an inspection or an investigation. mine manager.
9. (1) Every owner, occupier, or holder shall, before any mining
operation commences, appoint a manager and ensure that there is a person
acting in that capacity at all times and shall immediately after each appointment,
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Owner to provide notify the Inspector of the name of the manager.
facilities to
manager.
(2) The owner, occupier, or holder, shall provide the manager
Manager to attend with every facility for conducting the operation of the mine in accordance with
at mine. the requirements of these Regulations.
Manager to ensure (3) Every manager and designate shall attend daily at an operating
compliance with mine and shall familiarise himself with these Regulations.
Regulations.
(4) Every manager shall appoint a qualified person to be
Authorized entry. responsible during the manager’s absence to ensure compliance with these
Regulations.
(5) The manager and the Inspector and persons authorized by
Health and safety the manager shall be the only persons to enter a mine, and notice to this effect
program to be shall be posted at all road entrances at the mine.
developed by
manager.
(6) Where required by the Inspector, the manager shall develop a
mine health and safety program which includes general safety rules, safe working
Duty to ensure procedures, safe handling procedures and antidotes for hazardous materials,
compliance with crew safety meetings and accident investigation procedures.
Regulations.
10. (1) The owner, occupier, holder, and manager shall take all
reasonable measures to ensure compliance with these Regulations, and every
supervisor and employee shall take all reasonable measures to ensure compliance
Duty if Contractor, with the requirements of these Regulations and orders applicable to the work
etc., to ensure they perform or over which they have supervision.
compliance with
Regulations.
(2) Where work in, on, or about a mine is left to a contractor, the
contractor and the contractor’s manager, as well as the owner, occupier, holder,
and the manager of the mine shall take all reasonable measures to ensure
compliance with these Regulations and orders pertaining to the work over
which they have control and in the case of non-compliance, the contractor and
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the contractor’s manager commit an offence that is punishable in the same manner Supervision of
as if the contractor and the contractor’s manager were the owner, occupier, workers.
holder, or manager of the mine.
11. (1) Every mine manager shall ensure that every person employed
at a mine, where required by these Regulations, is under the supervision of a
competent and qualified person who is knowledgeable in these Regulations and Proof of
in the work being supervised. supervisor’s
qualifications.
(2) Supervisors at an underground mine shall, and for surface mines
when required by the Inspector, provide the Inspector with evidence of their Duty to keep mine
qualifications and experience. plans.
12. (1) Every manager shall keep in the office at the mine site, accurate
plans that are updated every three months, and that are prepared on a scale
that accords with good engineering practice and contains particulars established Survey to be
by these and any other Regulations. carried out by
surveyor.
(2) The manager shall ensure that the surveying of a mine and the
preparation of plans required by these Regulations are carried out by a qualified Employer register.
person.
(3) Every manager shall maintain, in a form acceptable to the Duty to post
Inspector, a register of every person who is or has been employed at the mine. inspection reports.
(4) A manager shall post in a conspicuous place at the mine all Elimination of
inspection reports and orders issued by the Inspector. hazards at
workplace.
13. (1) A manager shall take all reasonable and practicable measures
to ensure that the work place is free of potentially hazardous agents and Personal protective
conditions that could adversely affect the health or safety of the workers. equipment.
(2) All persons shall wear personal protective equipment of a Hard hats.
standard acceptable to the Inspector as follows:-
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Protective footwear. (a) Where there is a risk of head injury, a protective
hard hat that incorporates a device preventing the
hat being dislodged in a fall.
Eye protection. (b) Where the type of work being performed poses a
risk of foot injury, protective footwear.
(c) Where a person is engaged in any work in which
Hearing protection. there is a risk of eye injury, properly fitting goggles,
face shields or safety glasses.
Dust and vapours (d) Where noise levels exceed 84 dBA, hearing
protection. protectors.
(e) Where dust or airborne contaminants exceed the
threshold limit values, the appropriate equipment
Worker training. for the hazard (filter masks, air supplied hoods or
respirators).
14. A manager shall ensure that workers receive thorough orientation to
the mine, basic instruction in safe work practices and are adequately trained to
Requirement for do their job or are working under the guidance of someone who has
safety and health competency in the job and in giving instructions.
committees.
15. (1) Where required by the Inspector, every manager shall ensure
that a joint management worker Occupational Health and Safety Committee
composed of management representatives and an equal or greater number of
worker representatives chosen by the workers is established, and the manager
OHSC to inspect shall allow committee members to participate in inspections, investigations,
and report. and meetings of the committee.
(2) The OHSC shall inspect as many of the work sites at the mine
as it considers necessary every month; meet to discuss its findings; prepare
minutes describing conditions found during the inspection and without delay
forward a copy to the manager and the Inspector and post a copy on a bulletin
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board at the mine. Manager to
cooperate with
OHSC.
(3) A manager and all persons working at the mine shall cooperate
fully with the OHSC, and the manager shall ensure that all existing safety hazards Worker’s right to
are corrected by the date agreed by the OHSC. refuse hazardous
work.
16. (1) A worker shall not carry out any work or operate any equipment,
tool, or appliance if there is reasonable cause to believe that to do so would Supervisor’s duty.
create an undue hazard to the health or safety of himself or any other person.
(2) A supervisor shall not knowingly perform or permit a worker
to perform work that is, or could create, an undue hazard to the health or safety Manager to
of the worker or any other person. eliminate hazard.
(3) Where a person refuses to perform work because it is
hazardous, the supervisor or the manager shall develop a plan which will allow Protection form
the work to proceed safely, correct the hazard or suspend the work. dicrimination.
(4) A manager shall ensure that no employee is discriminated against
in any manner, including adversely affecting any term or condition of employment
for complying with these or other Regulations or refusing to perform hazardous
work.
PART III
ENVIRONMENTAL PROTECTION, Plans and
RECLAMATION AND ABANDONMENT information
required.
CAP. 226.
17. (1) In addition to the plans required under section 36 of the Mines
and Minerals Act with respect to a mining or quarrying licence or bulk sampling
project the plan shall include:-
(a) a map or air photo showing the location and extent
of the proposed mining disturbance, the location of
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all lakes, streams, and inhabited places in the
vicinity;
(b) particulars of the nature and present uses of the
land to be disturbed with particular reference to-
(i) geology and description of the deposit,
(ii) surface water and ground-water, including
drainage, water quality, licensed water
rights, hydrogeology and fisheries,
(iii) soils and surficial geology,
(iv) vegetation species and level of
development,
(v) wildlife use of the area,
(vi) land capability and present uses, such as
agriculture, forestry, recreation,
(vii) the projects’ visual impacts, and
CAP. 226.
(viii) impacts on sensitive landscapes and bio-
diverse areas;
(c) for the purposes of section 36 (3)(h) (v) of the
Mines and Minerals Act, particulars of the nature
of the mine and the extent of the area to be
occupied by the mine, with particular reference
to-
(i) waste disposal, including waste rock,
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tailings, overburden and refuse,
(ii) prediction of acid generating potential for
all strata when required by the Inspector,
including static and, if necessary, kinetic
tests,
(iii) stockpiling of soils materials,
(iv) drainage control during operation and at
abandonment,
(v) use of any water required for the mine,
(vi) an environmental monitoring and
surveillance program including surface and
ground water sampling frequency and
analysis, and
(vii) a reclamation research program including
methodology and schedules.
(2) In addition to the requirements stipulated under these Water quality
Regulations, an Environmental Impact Assessment shall be carried out with discharge criteria.
respect to any mining or quarrying licence or bulk sampling project.
(3) The owner, occupier, holder or manager shall submit a report
by a qualified hydrogeological engineer that assesses the impacts on surface
and ground water of the proposed mining activity with particular reference to:-
(a) changes to the catchment yield or water quality;
(b) the consequences to the mine infrastructure of floods
exceeding the design flood in magnitude and in
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particular the regional maximum flood and the one
in one thousand year storm event;
(c) the design of any river diversions, their long term
structural integrity and the consequences of failure;
(d) impacts of mining activities to ground water supply
to adjacent ground water users;
(e) a description of the regional climate including:-
(i) mean monthly and annual rainfall and
number of days with measurable
precipitation,
(ii) maximum rainfall intensities per month as
60 minute, 24 hour, 1 in 50 year, 1 in 100
year and 1 in 1000 year storm events,
(iii) mean monthly wind direction and speed,
(iv) mean monthly evaporation,
(v) incidence of extreme weather events such
as drought and high winds;
(f) estimates of all discharges of water and the impact
of these on the receiving body of water while
ensuring that the discharges meet the objectives in
Tables I and II below:
TABLE I
Receiving Water Control Objectives
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Parameter Level
Dissolved oxygen Not less than 90 % of the seasonal
natural value
Temperature To be within 1 degree Celsius of the
natural level
Turbidity Not more than 5 Jackson Turbidity
Units above the natural value
Floatable Solids None
pH No change
Toxicity Below detectable
(96 hr static bioassay) limit
Colour No Change
Aesthetics No Decrease
Alkalinity Not less than 20% natural value
Chloride Not more than 25mg/L
Fecal Coliforms Less than 1/100 ml.
TABLE II
Objectives for the Discharge of Final Effluents
to Marine and Fresh Waters
Parameter Range
Dissolved Total
[(mg/L) is effluent unless otherwise stated]
Suspended solids 25-75
Toxicity 80-100%
pH 6.5-10
Radioactivity
Gross Alpha picoCuries/Liter 10-100
Radium 226 picoCuries/Liter Below 10
Aluminium 0.5-1.0
Ammonia 1.0-10.0
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Antimony 0.25-1.0
Arsenic (as Trivalent) 0.05-0.25 0.5-1.0
Arsenic (total desolved) 0.10-1.0
Cadmium 0.01-0.1
Chromium 0.05-0.3
Cobalt 0.5-1.0
Copper 0.05-0.3 0.3-0.6
Cyanide (as CN) 0.1-0.5
Flouride 2.5-10.0
Iron 0.3-1.0
Lead 0.05-0.2 0.2-0.4
Manganese 0.1-1.0
Mercury 0-0.005
Molybdenum 0.5-5.0
Nickel 0.2-1.0 0.5-1.0
Nitrite/Nitrate 10.0-25.0
Phosphate (Total P) 2-10.0
Selenium 0.05-0.5
Silver 0.05-0.5
Air quality criteria. Uranyl (UO2) 2.0-5.0
Zinc 0.2-1.0 0.5-1.0
Oil and Grease 10-15
(4) The owner, occupier, holder or manager shall assess the impact
of discharges to the air from the processing plants, dumps, materials handling
facilities, internal combustion engines in vehicles and equipment and from blasting
with particular reference to estimating the quantity of all discharges to the air
ensuring they meet the criteria in Tables III and IV below:
TABLE III
Ambient Air Control Objectives
Parameter Range
(All units are ug/cubic meter (ppm) unless otherwise stated)
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Annual Arithmetic Mean 25(0.01)-75(0.03)
24 hour conc. 160(0.06)-260(0.10)
3 hour conc. 375(0.14)-665(0.25)
1 hour conc. 450(0.17)-900(0.34)
Asbestos (fibers/cc) less than 0.04
Dustfall mg/[Link]/day 1.7-2.9
Antimony 0.1-0.5
Arsenic 0.1-1.0
Beryllium 0.005-0.1
Cadmium 0.5-0.3
Chromium 0.05-0.1
Copper 0.25-2.5
Fluoride 0.1-2.0
Lead 1.0-2.5
Mercury 0.1-1.0
Molybdenum 0.1-2.5
Nickel 0.01-0.1
Selenium 0.1-0.5
Uranium 0.01-6.0
Vanadium 0.05-1.0
Zinc 1.0-2.5
Suspended Particulate
Annual geometric mean 60-70
24 hour conc. 150-200
Radon Daughter Concentration in
Working Levels less than 0.02
TABLE IV
Control Objectives for Gaseous and Particulate Emissions
Parameter Range (mg/mole)
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Total particulate 1-8
Antimony as Sb 0.16-0.27
Arsenic as As 0.16-0.27
Asbestos less than 2 fibers/cubic
meter
Cadmium as Cd 0.05-0.27
Copper as Cu 0.16-0.27
Flouride as HF 0.02-0.20
Lead as Pb 0.16-0.27
Mercury as Hg 0.03-0.27
Annual reclamation Nitrogen Oxides as NO2 14-46
report. Opacity 10-40 percent
Suplhur Dioxide 16-64
Zinc as Zn 0.003-0.005
18. It shall be the duty of every owner, occupier, holder and manager to
institute, and during the life of the mine, to carry out a program of environmental
protection and reclamation, and the manager shall submit an annual report to
Protection of the Inspector by March 31 of the following year, and the report shall contain
dangerous the results of the research work, monitoring, amount of land reclaimed and
openings where revegetated, new disturbances and any other information specified by the
operations
suspended.
Inspector.
Removal of 19. (1) Where a mine has suspended operations, the manager shall
chemicals and cause the entrances to underground workings and all other pits and openings
hazardous material. that are dangerous by reason of their depth or otherwise to be protected
against inadvertent access, to the satisfaction of the Inspector.
Protection of (2) Unless exempted by the Inspector, all explosives, chemicals
dangerous and reagents, fuel and other hazardous material shall be returned to the supplier
openings where or disposed of in accordance with proper international standards and
mine closed.
procedures.
Specifications for 20. (1) Prior to abandonment of a mine, a manager shall ensure that
covers.
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all shafts, raises, stope openings and adits opening to the surface are capped
with a sufficiently engineered structure or filled so that they will not pose a future
hazard to persons or animal life.
Reclaimed land
(2) The engineered caps shall be secured to solid rock and shall be surface.
capable of supporting a uniformly distributed load of 12 Kilopascals or a
concentrated load of 24 Kilonewtons whichever is greater. Productivity and
revegetation
standards.
21. (1) The land surface shall be reclaimed to a standard that considers
the previous and future potential of the area.
(2) The level of productivity of reclaimed and revegetated areas Requirement to
shall not be less than existed prior to mining on an average property basis unless replace soils.
the owner, occupier, holder, or manager can demonstrate to the satisfaction of
the Inspector the impracticality of doing so.
Stability of
(3) All surficial soils material removed and saved during mining shall engineered
be used to provide a growth medium that allows the land to be revegetated to structures.
a self sustaining state using the appropriate plant species.
22. (1) Land and watercourses shall be left in a stable condition such Protection of
that engineered structures including waste dumps, major haul roads, tailings receiving waters.
impoundments and silt check structures shall have a factor of safety which
conforms to internationally acceptable standards.
(2) Waste rock and overburden dumps shall be reclaimed to ensure Removal of
long term erosion control and to ensure that water quality released from the machinery and
dumps to the receiving environment is of a quality that is internationally equipment.
acceptable.
(3) Prior to abandonment, all machinery, equipment and building Reclamation of
superstructures shall be removed, all foundations shall be covered and watercourses.
revegetated and all scrap material, chemicals, explosives and hazardous materials
shall be disposed of in a manner that is of an internationally acceptable standard.
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Revegetation of pit
walls. (4) Watercourses shall be reclaimed in a condition that ensures
that long term water quality is maintained to a standard acceptable to the
Inspector and drainage is restored either to original watercourses or to new
Geotechnical watercourses that will sustain themselves.
evaluation of (5) Open-pit walls in overburden shall be revegetated, and where
structure.
the pit is expected to fill with water, provision shall be made to create a safe,
usable body of water.
(6) Tailings ponds and other impoundment structures shall be
Metal uptake in evaluated by a qualified, independent geotechnical engineer who shall make a
plants. report assessing the post-operational state of the dams, dikes, seepage control,
spillway works and outlining a program for long term monitoring, and the report
shall be filed with the Inspector.
(7) Vegetation shall be monitored for metal uptake and where
harmful levels are found, reclamation procedures shall ensure that levels are
First aid safe for plant and animal life.
requirements
during exploration.
PART IV
EXPLORATION
Worker training for 23. All active exploration sites shall be equipped with first aid supplies
exploration work. acceptable to the Inspector and if required by the Inspector a stretcher, a form
of communication system for obtaining emergency assistance and a qualified
first aid attendant.
24. A manager shall ensure that any person employed for the first time at
an exploration site has been adequately instructed in any potential hazards in
the site and instructed on how to protect himself and such instructions shall
include the following:-
(a) advice on protection from attack by wild animals;
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(b) what type of clothing is appropriate to wear;
(c) the personal protective equipment required by these
Regulations;
(d) the need for suitable equipment to avoid becoming
lost; and Electrical
surveying
systems/I.P.
(e) safety procedures when helicopters or aircraft are Geophysical
used. surveys and
safeguards.
25. Where an induced polarization geophysical system is being operated,
all energized wires shall be sufficiently insulated to prevent an electric shock
when the system is being operated at its maximum rated voltage; the electrodes
shall have visible warning stickers stating “Danger - High Voltage”, and the
person in charge of the survey shall ensure that,
(a) signs are posted at the entrances to the area where
induced polarization surveys are being carried out
to warn other persons who may enter the area;
(b) radio communication is provided to any member of
the crew whose movements are out of sight and
hearing of the other crew members; and Discovery of
uranium or
(c) all signs and wires used for the survey are removed thorium.
upon completion of the survey.
26. (1) The owner, occupier, holder, or manager shall notify immediately Baseline surveys.
whenever assays of any samples taken during exploration indicate uranium or
thorium in an amount of 0.05% by weight and the manager shall also terminate
further drilling or excavation at the site.
(2) Whenever discoveries of uranium or thorium are made, a
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Uranium manager shall conduct baseline surveys acceptable to the Inspector and such
exploration- surveys shall include gamma radiation measurements on surface, and water
environmental samples that are analyzed for dissolved uranium, and gross alpha to establish
protection.
the background radiation levels, and the manager shall report the results forthwith
to the Inspector.
(3) The Inspector may authorize resumption of exploration activity
with special conditions to ensure environmental protection that include,
(a) measures to ensure no water from any surface
trench, pit, drill holes or other excavation escapes
from the site until samples of the water are analyzed
for dissolved uranium and do not exceed levels
permitted in accordance with internationally
accepted standards; and
Evaluation of (b) reclamation methods that ensure the gamma
acidic drainage radiation measured on surface after reclamation
potential.
do not exceed 10% above the background levels
of the baseline survey.
Shoring of 27. Where it is likely that acid generating strata will be, or is encountered
excavations re: pits during exploration activities the manager shall undertake acid generation
and trenches.
prediction tests on all strata and mineral deposits and report the findings to the
Inspector.
Sloping to replace 28. (1) No person shall enter any excavation over 1.22 meters (4
shoring. feet) in depth in unconsolidated material or consolidated material that may
collapse unless the sides of the excavation are sloped to a safe angle or the
sides have been shored up using a system acceptable to the Inspector.
(2) Where the excavation walls are sloped as a substitute to
shoring, the walls shall provide stable faces and in no case should they exceed
a slope of one horizontal to one vertical.
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(3) Shoring shall be installed from the top down and removed in Scaling rock
the reverse order. excavation walls.
(4) Material excavated from a pit or trench shall be kept back at a
distance of 1 meter (3.3 feet) from the edge of the excavation.
(5) Where the excavation is in rock and less than 2 meters (6.6
feet) in depth, the sides shall be scaled to prevent loose material from dropping
on persons working in the excavation and the width shall be such that a person
is able to turn around without touching the sides of the excavation.
Underground work
(6) Where the excavation is more than 2 meters (6.6 feet) deep, to be of acceptable
the sides shall be supported in a manner acceptable according to international standard.
standards. Underground
supervisors.
29. (1) No underground exploration shall commence without the
approval of the Inspector and only then if it complies fully with these Regulations.
(2) No person shall work underground unless he is supervised by
a shiftboss whose qualifications are acceptable to the Inspector. Mine design and
planning.
PART V Supporting
documentation-
MINE DESIGN AND PLANNING mining plans.
CAP. 226.
30. (1) The statement required under section 36 (3) (h) of the Mines
and Minerals Act shall include the following as appropriate to the work
proposed:-
(a) a regional map showing the location of the mine
property;
(b) a plan at a scale of 1:10,000 or less showing
topographic contours, claims, leases or licences,
streams, existing and proposed buildings, roads,
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railways, power transmission lines, pipelines, and
the locations of all proposed mining undertakings;
(c) descriptions, design data, and details of geology
and ore reserves, surface mining, roadways, waste
rock or overburden dumps, stockpiles, processing
plant and facilities, tailings transport and
impoundment, water storage and transport, silt
check containments for runoff;
(d) the methods to be followed in the construction of
haulage roads; and
Mining work
system. (e) detailed plans of any proposed underground
developments and workings and a plan of surface
installations in relation to the proposed workings.
(2) The report and plan of the work system shall be prepared
Supervisor to taking into consideration the safety of the public, the health and safety of persons
examine workings. involved in the work, and protection of the environment, and be designed so
as to make it as practicable as possible to mine possible ore zones which
might be affected by the plan.
Record of 31. (1) Whenever mines are operated on multiple shifts, all mine
examination. workings shall be examined by the shiftboss or supervisor to ascertain that
they are in a safe working condition, as often as the work necessitates, but at
least once during each shift.
Review by opposite
shift supervision. (2) The person making the examination under paragraph (1) of
this Regulation shall, before going off shift, record all unusual and hazardous
conditions in a daily examination and report book, and sign the report.
Fencing of (3) The report prepared pursuant to paragraph (2) above shall
openings. be read and countersigned by the corresponding supervisor on the oncoming
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shift and any unusual and hazardous conditions discussed with the workers Water sprays to
before they are permitted to resume operations. suppress dust.
32. Surface excavations or openings shall be securely fenced or otherwise
protected against inadvertent access.
33. (1) Wherever practicable, water sprays or other dust suppression Suppression of
or collection methods shall be used at every dusty place where work is carried drilling dust.
out, and where it is impractical to do so, personal protective equipment shall be
worn by all persons working in that location. Restriction in
excavation of
(2) A rock drill shall not be used at a mine unless it is equipped loose material.
with a water jet or other device to suppress dust.
34. (1) The excavation of clay, earth, sand, gravel or other Restriction in rock.
unconsolidated material shall not be carried out within a distance from the property
boundary where the excavation takes place that is equal to 1.5 times the ultimate
depth of the excavation in the unconsolidated material. Waiving
restrictions.
(2) No one shall excavate rock within a distance of 5 meters (16.5
feet) from the property boundary. Removal of
unconsolidated
(3) The owners of adjoining properties may, by agreement in writing, hazards.
waive the provisions of paragraphs (1) and (2) of this Regulation.
35. (1) All trees and other vegetation, clay, earth or other unconsolidated Supervisor to
material lying within 3 meters (10 feet) of the rim of a working face or wall at a examine working
faces.
surface mine shall be removed, and beyond this distance all material shall be
sloped to an angle less than the natural angle of repose.
Clearing
(2) No work shall be carried on at, or below a face or wall of a catchment berms
surface mine until the face has been examined and declared safe by the shiftboss and scaling pit
walls.
or supervisor.
(3) When a surface mine is worked in benches, each catchment
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berm shall be designed so that its final width shall not be less than 8 meters
(26.5 feet), and loose rock shall not be allowed to accumulate on a bench or
catchment berm in a manner that endangers persons working on a lower bench;
and where loose rock accumulates and access cannot be gained to clean the
Wall height catchment berm then a safe working procedure, that is acceptable to the
restriction. Inspector shall be established.
(4) No part of the working face shall be allowed to overhang.
(5) Where unconsolidated material is being worked or removed
and could collapse onto the equipment, the vertical face shall not be greater
than the reach of the loading equipment.
Haulage road
standards/shoulder (6) Unless a variance is granted by the Inspector, the height of the
barriers on roads.
working face in consolidated material shall not be more than 2 meters (6.6
feet) above the reach of the loading equipment.
36. (1) The manager shall ensure that all haulage roads are constructed
and maintained to provide a travel width where dual lane traffic exists of not
less than 3 times, and where single lane traffic exists not less than 2 times the
width of the widest vehicle used on the road.
(2) The manager shall also ensure that a shoulder barrier at least
Vehicle runaway 3/4 the height of the largest tire on largest vehicle using the road is located and
lanes. maintained along the edge of the haul road wherever a drop-off greater than 3
meters(10 feet) exists and the shoulder barrier shall incorporate breaks to
allow for drainage.
Transport of
persons. (3) On roadways where the grade exceeds 5%, the Inspector
may require clearly identified runaway lanes, placed at suitable locations and
designed to bring a runaway vehicle to a controlled stop.
Training of
equipment 37. Persons shall only be transported in vehicles acceptable to the Inspector
operators.
and no person shall ride in a standing position or in the box of a haulage truck
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or bucket of any mobile equipment.
38. (1) No person shall operate any equipment unless they have Equipment
received the minimum training required to operate that equipment and the driver operator’s duties.
of a rubber tired vehicle shall have a licence in accordance with the laws of
Belize.
Prestart equipment
(2) The operator of any unit of mobile equipments shall be directly inspection.
responsible for its safe operation and shall wear seatbelts, drive with headlights
on and where required, a flag equipped whip antenna light or flashing light.
(3) The operator of any equipment shall examine and check the Operator’s field of
equipment before putting it into operation and if any unsafe condition is vision.
discovered, the operator shall report the condition to the supervisor and shall
not operate the equipment until repairs have been duly completed.
39. (1) No person shall operate a unit of mobile equipment when the Disabled vehicles
field of vision is restricted unless he has inspected the area into which the to give warning.
equipment is to be moved or is directed by a signal person who is located in a
safe position and who is in continuous contact with the equipment operator.
Supervisor to
(2) Where a vehicle is disabled or parked on the travelled portion examine dump.
of a roadway, a warning to approaching traffic shall be given by means of flashing
lights, flares, lamps or reflectors.
Dump barrier.
40. (1) A dump or stockpile area shall be examined by the shiftboss or
supervisor before material is permitted to be dumped whenever dumping has
not been carried on for more than 4 hours.
Barricading
(2) Where material is to be dumped from a vehicle into a bin, raise, hazardous dumps.
or other opening, a barrier of sufficient size and strength and well-anchored to
prevent the vehicle from entering the opening shall be provided and maintained. Duty to keep
updated mine
plans.
(3) Wherever dumping is prohibited or hazardous, the location shall
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Surface plans. be barricaded and a sign posted to that effect to warn of the danger.
41. The manager shall keep at the mine, accurate plans that are updated
every 3 months and which are on a scale that accords with good engineering
practice as follows:-
(a) a surface plan showing the claims, licences or
leases on which mining is being carried out, and
all lakes, watercourses, naturally unstable ground,
peat bogs or sloughs, main roads, railways,
Underground plans. transmission lines, buildings, shafts, adits, or other
mine openings, surface mine workings, dumps,
tailings ponds and catchment impoundments and
their overflow channels and topographic contours;
Cross-sections. (b) a separate underground plan of each level showing
all workings including shafts, tunnels, diamond drill
holes, dams, bulkheads, electrical substations,
explosives storage, permanent seals and stoppings;
(c) vertical mine sections at suitable intervals and
Ventilation plans. azimuths, showing all workings, diamond drill holes
and the location of the top of bedrock, ground
surface, type of overburden and any body of water
or watercourse;
Electrical plans. (d) a ventilation plan showing the normal direction and
volume of main air currents and the location of
permanent fans, ventilation doors, and connections
with adjacent mines;
(e) a plan showing the location of all fixed electrical
Escape plans. apparatus in the mine and the routes of all fixed
power feeders, properly rated and referenced, and
all electrical feeder control apparatus and
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equipment; and
(f) an emergency and rescue plan of the workings Boundary pillars
showing the routes of egress from the active underground.
workings, the flow of ventilating air and under-
ground refuge stations.
42. (1) A pillar of not less than 30 meters (100 feet) shall be maintained Shaft pillars.
on either side of a party boundary between adjoining underground mines
although the owners of the adjoining properties may, by written agreement filed
with the Inspector, waive this agreement. Secondary exit
from underground.
(2) No stoping shall be done within 60 meter (200 feet) a shaft that
is used to transport persons unless the plan has been authorized by the Inspector.
43. (1) Where an underground mine has been opened by means of an Ladders in
adit, tunnel, or shaft, a second auxiliary exit shall be provided prior to production escapeway.
and this second exit shall be at least 30 meters (100 feet) from the main entrance
to mine and separated by solid strata.
Stope second exit.
(2) The main auxiliary exit shall be equipped with substantial and
well maintained ladders to provide proper access from the deepest working
area to the surface. Duty to provide
refuge station.
(3) Before stoping is started, a second exit shall be provided to the
stoping block.
Standards.
44. Where a workplace in an underground mine is more than 300 meters
(1000 feet) from a mine portal or shaft station, the manager shall provide and
maintain a refuge station that is -
Equipment.
(a) clearly identified, constructed of non-combustible
materials and of sufficient size to accommodate all
persons working in the vicinity,
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(b) equipped with a supply of air, a supply of water, a
means of communicating with the surface, a means
Approval to build of sealing to prevent entry of gas, first aid
underground dam.
equipment, emergency fighting and a plan of the
mine showing all emergency exits.
Protection of 45. (1) The manager shall ensure that no structure for impounding
workers from water, restraining saturated material or confining under pressure is constructed
underground dams.
underground unless the plans and specifications have the written acceptance
of the Inspector.
Removal of gases (2) Notwithstanding paragraph (1) of this Regulation; structures
from underground of a temporary nature may be constructed providing no person shall be allowed
mines.
to work in any part of the mine that could be affected in the event of a failure
of the structure until the Inspector has inspected it and verified that it is safe.
Permissible 46. (1) The manager shall ensure that the air in all parts of the mine
concentrations of where persons are working or travelling, or may work or travel, is free from
contaminants. injurious or dangerous concentrations of noxious gases and contains sufficient
oxygen to obviate danger to the health of anyone in the mine.
Exhaust airways. (2) Any concentration of a contaminant in excess of the permissible
concentration of threshold limit values and biological exposure indices published
by the American Conference of Governmental Industrial Hygienists (ACGIH)
Interruption of and as amended from time to time, shall not be exceeded.
ventilation supply.
(3) The return air from all working places shall, as far as practicable,
be routed directly to the exhaust airway.
Auxillary (4) Where the main system of ventilation for an underground mine
ventilation. is stopped, other than through a brief interruption of the power supply, all
persons shall be withdrawn to the surface or an approved refuge station and
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no one shall enter the mine until the ventilation has been restored.
(5) The manager shall ensure that every mine working that is Prevention of
advanced more than 20 meters (66 feet) from the main ventilation circuit, and recirculation of air.
every raise and sub-drift more than 10 meters (33 feet) from the main ventilation
circuit shall be provided with auxiliary ventilation.
Major ventilation
(6) The manager shall ensure that every auxiliary fan is supplied surveys.
with sufficient fresh air and installed in such a manner as to prevent recirculation
of the air.
Ventilation and gas
(7) The manager shall ensure that measurements of the quantity of measurements.
air flowing at the main fan, in all main airways, and at all major ventilation splits,
are taken at intervals not exceeding 3 months.
(8) In an underground mine or part of a mine where diesel equipment
is operating, measurements of the quantity of gas air flowing shall be taken at
intervals not exceeding one week and tests shall be made at least once a shift, in Recording
the general body of air, on the exhaust side of the operating diesel equipment, measurements.
for nitrogen dioxide, carbon monoxide and any other gases specified by the
Inspector. Ventilation doors.
(9) The results of measurements and tests shall be recorded in a
book kept for that purpose and made available to the Inspector. Barricading
inactive workings.
(10) All doors for regulating or controlling ventilation shall close
automatically or be provided with a device for opening and closing them.
(11) The manager shall ensure that any part of the underground mine
that is not being ventilated shall be effectively barricaded and posted with signs Ventilation after
warning that entry is prohibited and before anyone is permitted to enter that blasting.
part of the mine that a qualified person examine it for oxygen deficiency, the
presence of toxic or noxious gases or any other dangerous condition.
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Precautions for (12) A worker shall not return, or be permitted to return to a
combustible dust. workplace after a blasting operation until the worker is sure that the gases
produced by the explosives have been removed or diluted by the ventilation
system.
Removing workers. 47. In any underground mine where the sulphur content of the ore is high
and a sulphide dust explosion has occurred, the manager shall prepare and
implement a scheme, acceptable to the Inspector, for minimizing the danger
Washing dusts off from a sulphide dust explosion that includes:-
walls.
(a) provision for ensuring that all persons are removed
from the mine prior to blasting;
Other measures. (b) provision for ensuring that all accessible headings,
raises and other workplaces within 30 meters (100
feet) of the blast are washed down to remove dust
prior to blasting; and
Ventilation.
(c) any other measures that could reduce the risk of a
dust explosion or lessen the consequences should
Maximum quantities one occur.
of oil stored
underground. 48. In an underground mine, a battery charging station shall be located in
Removal of wastes. a well-ventilated location to prevent accumulation of flammable gases.
49. Fuel or lubricating oil shall not be stored in an underground mine in
quantities greater than 500 liters.
Waste containers.
50. (1) All waste, including waste timber, shall be removed from an
underground mine on a regular basis and shall not be piled up or permitted to
decay in a mine.
Pre-shift workplace
check. (2) In an underground mine and in or about the entrances to the
same, flammable refuse shall be deposited in covered fire-resistant containers,
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and removed at least weekly from the mine or mine entrance area. Scaling equipment.
5 l. (1) Before any work is begun in an underground mine workplace,
a worker shall check the workplace for hazardous or dangerous conditions and
the worker shall not start work until the site has been made safe. Protection of
(2) The manager shall provide and maintain an adequate supply of workers from
properly dressed scaling bars, chute bars, gads and other equipment necessary falling objects.
for scaling and barring.
Covering open
(3) Where persons are working in a location which is below and holes.
open to a travel way or haulage way on the level above, the workplace shall be
securely covered or otherwise closed off.
Steeply inclined
(4) The top of every millhole, ladderway, sump, or other opening raises.
shall be closed off or adequately protected to prevent persons from inadvertently
falling into the opening.
Two compartment
52. Except where approved raise driving equipment is used, every raise raises.
inclined at more than 50 degrees from the horizontal and being driven more
than 16 meters (50 feet) slope distance shall –
(a) be divided into at least two compartments, one of
which shall be maintained as a ladderway and Waste pass in a
equipped with suitable ladders maintained to within raise.
12 meters (40 feet) of the face as it is being driven;
and
(b) if the second compartment is used to hold material Abandoned
excavated from the face, it shall either be kept full, underground
or suitable protection shall be provided to prevent workings.
a person from falling into this compartment.
53. (1) No work shall be carried out within 30 meters (100 feet) of
abandoned or old workings; or any accumulation of water or unconsolidated
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Breakthrough to material; or any other substance that may flow when wet, unless the proposed
abandoned work procedure has been submitted to and has been authorized by the Inspector
workings.
in writing.
Water in ore and (2) Where possible, no connection between mine workings shall
waste passes be made until a thorough examination of the workings toward which the active
prohibited. heading is advancing has been made and has shown that the work can proceed
in a safe manner.
Water in ore pass.
54. (1) No person shall introduce water into an ore or waste pass;
loading pocket; hopper; or storage bin for any purpose unless, the Inspector
has authorized an operating procedure.
Ore pass controls.
(2) Where any ore or waste pass is found to contain water, or
saturated material which will flow, the manager shall prepare a plan for the
Standards for safe removal of the water or saturated material.
construction of
ladders.
(3) The controls of ore and waste passes shall be arranged to
prevent the operator from being hit or buried by a run of material.
55. (1) Ladders shall be constructed so that the side rails shall measure
not less than 38 mm (1.5 in.) by 89 mm (3.5 in.) for ladders up to 5 meters
(16.5 feet) in length and not less than 38 mm (1.5 in.) by 140 mm (5.5 in.) for
Fastening. ladders over 5 meters (16.5 feet) in length; the rungs shall be solid lumber not
less than 21 mm (.8 in.) by 89 mm (3.5 in.) spaced not more than 300 mm (12
ins.) apart, dapped into the side rails and secured in place by at least 3 nails on
each side.
(2) Ladders used underground shall be securely fastened to the
timbering or wall of the shaft, raise or stope, maintained in good condition,
Projection above have equally spaced rungs, be installed so that the rungs shall be more than
landing. 100 mm (4 ins.) from the wall or timbering and be erected at an inclination of
not more than 80 degrees from the horizontal unless equipped with safety
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hoops. Platforms in
ladderways.
(3) Every ladder shall project at least 1 meter (3.3 feet) above its
landing platform and be securely fastened to the platform.
(4) Where a shaft, raise or ladderway is inclined at over 50 degrees
from the horizontal, it shall be provided with a ladderway containing platforms Ladders to be
erected at vertical intervals not exceeding 7.5 meters (25 feet) and each platform offset.
shall have an opening which permits a person wearing self-contained breathing
apparatus to pass through.
(5) Where a shaft, raise or ladderway is inclined at over 70 degrees Prohibition of
from the horizontal, the ladderway, in addition to the requirements of Regulation flexible ladders.
54 (3), shall have the individual ladders between each platform offset so that
they act as protection over the holes in the platform.
Maintenance.
(6) No person shall use, or allow to be used, a flexible ladder except
in a shaft sinking operation or in an emergency rescue operation and provided
the ladder is safe and secure. Protection from
skipway.
(7) All ladderways shall be installed and maintained to reduce the
hazard of a person falling.
(8) Where a ladderway and a skipway occupy the same opening
in a ladderway, the ladders shall be adequately protected from material being Minimum clearance
hoisted, and no person shall travel or be allowed in the ladderway while the for track haulage.
skip is in motion and sufficient guardrails shall be installed to prevent a person
using the ladderway from falling into the skipway.
56. (1) Where track haulage is used, the following minimum clearances
between the vehicles and the sides of the roadway shall be maintained:-
(a) 300 mm (12 ins.) on one side and 600 mm (24
ins.) on the other; and
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Maximum clearance
for trackless (b) 300 mm (12 ins.) above the head of a person
haulage. travelling on the vehicle and the roof of the roadway
or any obstruction in it.
(2) Where any trackless mobile equipment is operating, the
minimum clearances shall be:-
(a) 2 meters (6.6 feet) in excess of the maximum width
Exemption. of the vehicle; and
(b) 300 mm (12 ins.) above the roll over protective
structure with which the vehicle shall be equipped.
Safety stations. (3) Notwithstanding paragraphs (1) and (2) of this Regulation,
the Inspector may permit a reduction of the minimum distances with a
requirement to install safety stations at distances and other requirements which
the Inspector prescribes.
Falling object (4) Safety stations underground shall be plainly marked, maintained
protective structures free from obstructions, be cut as close to perpendicular to the roadway as is
on equipment.
practical, and have minimum dimensions of 1 meter (3.3 feet) deep, 2 meters
(6.6 feet) high and 1.5 meters (5 feet) wide.
(5) When necessary, the Inspector shall mandate that falling object
protective structures be installed on underground equipment and they shall
have the minimum structural capacity to support elastically a dead weight of
82,000kilograms (180,000 lbs.) or 105 kilonewtons per square meter
distributed over the plan area of the structure, whichever is less and shall be
Specifications for certified as such by a qualified professional engineer.
installation of
grinders. PART VI
Maximum speed. MACHINERY AND EQUIPMENT
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57. (1) Grinders shall be assembled, adjusted, and operated in Protective hood
accordance with the manufacturer’s specifications. and exhaust
required.
(2) The maximum speed at which a grinding wheel may be operated
shall be indicated on the grinding wheel.
(3) All grinding wheels shall be enclosed by a protective hood except Tool rest.
for the area at the tool rest, and shall be stopped when the tool rest is being
adjusted, and other than portable wheels shall be equipped with an exhaust
system or other means of removing dust produced during grinding.
Speed governor.
(4) The tool rest on a grinder shall be mounted above the center
line of the grinding wheel and shall not be more than 3 mm (1/8 ins.) from the
wheel, unless specified otherwise by the manufacturer.
Eye and dust
(5) An air powered grinding wheel shall have a governor to prevent protection.
it operating in excess of the rated speed and the governor shall be inspected
regularly and maintained in proper operating condition. Pneumatic tools
prohibition on
modification of
(6) Operators of grinding wheels shall wear eye protection and controls.
dust masks when using portable grinders.
Air supply.
58. (1) The operating trigger of portable pneumatic nailing and stapling
tools shall not be taped or otherwise secured in the “on” position or held in the
“on” position while moving between operations.
Non-removal of
(2) The operating air pressure specified by the manufacturer for guards while
tools, hoses and fittings shall not be exceeded and the air supply shall be servicing
machinery.
disconnected before the tool is serviced or any adjustments made.
59. (1) Where machinery requires that it be serviced while in operation
it shall be constructed so that the servicing may be performed without removing Procedure for
any protective fence or guard and if it is necessary to remove guards or fences servicing.
the machinery shall be locked out in accordance with Regulation 77 of these
Regulations.
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Compressed gas
cylinder safety. (2) The manager shall establish a safe procedure for servicing
running machinery, train the employees in the procedure and ensure that only
qualified persons shall engage in such procedures.
60. Every compressed gas cylinder shall be stored and transported in an
Standards for lifting upright position in a well ventilated area, free from flammable material and
devices. away from electrical apparatus; it shall be adequately secured by chains or
other acceptable means to prevent it from being knocked over and when not
in use have a securely fastened valve protection cover.
Maximum loads.
61. (1) A lifting device shall be designed, constructed and installed in
accordance with recognized standards and good engineering practice and if
power-operated, shall be provided with an overwind device.
Installation
specifications for (2) The maximum load for a lifting device shall be that established
boiler and pressure
by the designer of the device and shall be marked on the device in a location
vessels.
visible to the operator to ensure compliance.
Distance from shaft.
62. (1) All boilers and pressure vessels shall be installed and maintained
in accordance with the manufacturer’s specifications according to internationally
acceptable standards..
Prohibition of
exhaust (2) No part of a steam boiler or stationary internal combustion
recirculation.
engine shall be installed within 30 meters (100 feet) of any part of the collar of
a shaft or other openings to underground workings.
Installation (3) The exhaust from any boiler or internal combustion engine
standards for installed within a building shall be conducted to a point outside the building in
elevators.
such a manner that the exhaust cannot re-enter the building or enter the intake
Overspeed control of any compressor, the underground mine workings or another building.
and testing.
63. (1) All elevators shall be installed and maintained in accordance
with the manufacturer’s specifications or an internationally acceptable standard.
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(2) Notwithstanding paragraph (1) of this Regulation, all elevator
cars and counterweights shall be provided with overspeed control, and prior to Crossing or riding
initial operation and thereafter at 12 month intervals all drive components shall conveyor belts.
be subjected to non-destructive tests as prescribed by the Inspector and all
maintenance and testing shall be recorded in a book kept for that purpose.
Walkways and
64. (1) No person shall ride on a conveyor belt or cross a conveyor pullcord required.
belt except at an established foot bridge which shall be not less than 500 mm
(20 ins.) in width and equipped with guardrails.
(2) Every conveyor way shall be provided with walkway or other
acceptable access for maintenance and inspection purposes and every accessible Audible start up
section of a conveyor shall be provided with a pull cord to stop the conveyor in warning.
an emergency and the controls shall be arranged so that they must be reset
manually before the conveyor can be restarted.
Guarding.
(3) Every conveyor where the operator has limited visibility of the
whole conveyor, shall be equipped with an audible start up warning device
which sounds when the conveyor is about to be started.
Belt slip
(4) All head, tail, drive, and tension pulleys of a conveyor shall be protection.
effectively guarded at their nip points and the guard shall extend at least one
meter (3.3 feet) from the nip point.
(5) A belt conveyor used underground, or one that is more than 15
meters (50 feet) in length and installed in a building or other closed-in structure
shall be provided with a belt slip protection device to stop the drive motor in the Fire performance
event of belt blockage or slippage, and where chutes feed the conveyor, shall rating.
be equipped with plugged chute switches which shall stop the conveyor when a
plugged chute condition arises.
Cleaning up
(6) Conveyor belting for use underground or in an explosive around conveyors.
atmosphere shall meet the fire performance and antistatic requirements of an
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internationally acceptable standard.
(7) Clean up of spillage on or around a moving conveyor shall
Standard only be carried out where the conveyor is constructed so that the work can be
procedures for air done safely without removing any protective fences or guards and by persons
compressors. who have been fully trained to recognize the hazards and to efficiently perform
the duties.
Standards for 65. (1) The manager shall ensure that procedures for the safe operation
equipment. of a steam power or air compressor plant are prepared in writing, and are
communicated to and made available to the persons operating and maintaining
the plant.
(2) All steam power and air compressor plants shall conform to
an internationally acceptable standard.
Portable ladders. (3) An air compressor driven by a prime mover exceeding 30
kilowatts, that is lubricated by oil and discharges to a closed system at a pressure
greater than 100 kilopascals, shall have temperature shutdown devices installed
at the high pressure discharge pipe.
Prohibition on top
rungs. 66. (1) A portable single length or extension ladder shall be held, tied
or otherwise secured against slipping and extend at least 1 meter (3.3 feet)
Extension ladder above any landing to which it provides access.
overlaps.
(2) No person shall work from the top two rungs of a single or
extension ladder or the top two steps of a step ladder.
Standards for
elevating work (3) The sections of extension ladders shall be latched securely
platforms.
when in the extended position and the overlap shall not be less than 1 meter
(3.3 feet).
Guardrails.
67. (1) All elevating work platforms shall be designed, fabricated,
operated, inspected and maintained in accordance with internationally
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acceptable standards. Non-destructive
testing.
(2) Work platforms shall have standard guardrails on all sides;
guards to protect the occupants from the elevating machinery; and signs clearly
indicating the safe maximum working load. Logbook required.
(3) All vehicle-mounted aerial devices and self-propelled boom
type elevating work platforms shall have critical components non-destructively
tested prior to their introduction and at intervals not exceeding 12 months.
“Deadman”
(4) A logbook shall be maintained for each elevating device in which control and
emergency stop.
all maintenance and testing of the unit shall be recorded with dates and signed
by the person responsible for the work.
(5) An elevating work platform shall have “deadman” type controls Carrier vehicles.
positioned or protected against inadvertent operation; an emergency stop control
on the platform; and the overriding controls which enable a person at the ground
lever to lower the platform shall be clearly marked.
Permission to
(6) Carrier vehicles for elevating work platforms shall be secured operate diesel
equipment.
against movement and levelled in accordance with the manufacturer’s instructions
before the work platform is elevated. Training of
operators.
68. (1) The permission of the Inspector shall be obtained before each
diesel engine is first operated underground in a mine.
Ventilating air.
(2) Procedures for the operation and maintenance of diesel
powered equipment shall be drawn up by the manager, who shall ensure that
workers are trained in these procedures.
Backup alarm
(3) A positive flow of ventilating air shall be circulated by mechanical required for
mobile
means through every working place where diesel powered equipment is
equipment.
operating.
69. (1) The manager shall ensure that every unit of rubber-tired mobile
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Transmission equipment with a gross vehicle weight in excess of 7000 kilograms (15,400
interlock. lbs), and when required by the Inspector any other vehicle, is equipped with a
backup alarm that is clearly audible above background noise and which
automatically operates when the vehicle is in reverse.
Fire exthinguisher (2) Every unit of mobile equipment at a mine having a fluid drive
required. transmission shall be equipped with an interlocking system to prevent the unit
from being started and put into motion unless the transmission selector is returned
Wheel chocks to the neutral position.
required.
(3) Every vehicle and each piece of mobile equipment at a mine
shall carry at least one fire extinguisher of adequate size and proper type.
Vehicle fitments.
(4) All rubber-tired equipment over 7000 kilograms (15,400 lbs)
shall have a minimum of two wheel chocks to be used to block the vehicle
when on an incline.
Seat, clearance
lights, seat belt. (5) When required by the Inspector, mobile equipment shall have
windshields, side and rear windows, and rear vision mirrors which shall be
kept in proper condition as to provide clear visibility.
Personnel carrier (6) All mobile equipment shall have firmly secured seats for the
inspection. operator and any passengers and such seats shall be well maintained in a
comfortable, shock absorbing condition with suitable clearance lights and
reflectors and if equipped with a rollover canopy, a seat belt.
Wheel spindle (7) Every personnel carrier shall be inspected each day by a
testing. qualified person before being used to transport persons and if there are defects
which could affect the safe operation of the unit they shall be corrected before
the carrier is used.
(8) The front wheel spindles of every open pit vehicle with a gross
vehicle weight in excess of 100,000 kilograms (220,000 lbs) and having a
maximum speed in excess of 20kilometers (12 miles) per hour shall be
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subjected to a non-destructive test at least once each year, and if a crack is
found one of the following measures shall be taken:-
(a) where the crack has a length of 25 mm (1 in) or
greater, the vehicle shall be taken out of service
until the spindle is replaced; and
(b) where the crack is less than 25 mm (1 in) the vehicle Load capacity,
may remain in service but the cracked spindle shall maximum
allowable speeds.
be tested every 3 months or 1000 operating hours,
whichever is the less.
(9) Every truck and loader shall have a nameplate securely fixed to
the cab showing the serial number of the unit, the maximum rated load capacity
and if in excess of 45,000 kilograms (100,000 lbs) gross vehicle weight, shall Rollover
show the maximum allowable speeds at the gross vehicle weight that the retarder protection.
or braking system is designed to accommodate when travelling on the maximum
downgrade on which the vehicle is designed to operate.
(10) All new loaders, graders, scrapers, tractors, compactors,
rollers, rough terrain forklifts, bulldozers and off-highway haulage trucks and No modification
any other new or used equipment, when required by the Inspector shall be to ROPS.
equipped with a rollover protective structure (ROPS) and seat belts that conform
to an internationally acceptable standard. Procedures for
rims and tires.
(11) No modification, addition, welding or cutting of the ROPS shall
be permitted unless approved or re-certified by a qualified professional engineer.
(12) The manager shall ensure that acceptable procedures are in
place for the inspection and any work on tires and rims of equipment; that only Blocking raised
qualified persons shall work on rims and tires; that a tire shall not be installed on equipment parts.
a damaged, broken, bent, or heavily rusted rim assembly; and that mismatched
parts of rims and wheels are not used.
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Brakes required. (13) No person shall place himself beneath the raised box of a
dump truck, bulldozer blade, scraper blade, loader bucket, or similar equipment
unless it is securely and adequately blocked or otherwise secured independently
of the normal operating controls.
Retarder.
(14) Every motor vehicle shall have a service braking system, a
parking braking system and an emergency stopping system which may be
provided by the service or park brake systems.
Low air warning
device. (15) When required by the Inspector, an independent means of
retardation shall be provided in addition to the requirements of paragraph (14)
of this Regulation.
Independent (16) A vehicle using air, air over hydraulic or full power hydraulic
hydraulic brake brakes shall have a suitable warning device that will alert the operator whenever
lines.
the available brake pressure drops to or below its lowest safe operating
pressure.
(17) No motor vehicle fitted with hydraulically actuated service
brakes shall be put into service unless the hydraulic system is split into two or
Braking tests on more separate and independently operated circuits, each of which is capable
haulage trucks. of stopping and holding the vehicle under any operating condition of load,
grade and speed, and an alarm device is provided in the cab to warn the
operator of a failure of a hydraulic circuit.
Independent (18) A dump truck having a rated gross vehicle weight in excess of
hyraulics for 45,000 kilograms (100,000 lbs) shall not be put into service unless the Inspector
steering and
is satisfied that an identical vehicle meets an internationally acceptable standard
braking.
for downgrade braking tests.
Auxillary steering. (19) Where the braking and steering systems are activated by
hydraulic pressure and where portions of both systems use common
components, no single component failure in one system shall adversely affect
the other system.
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(20) Where a rubber-tired vehicle depends on power for steering
and the loss of power might prevent the vehicle from being steered manually, an Train fitment.
auxiliary steering device, conforming to the Society of Automotive Engineers
Standard J53, shall be installed to enable the driver to steer the vehicle for a
sufficient period of time to bring it to a safe stop.
70. (1) All trains shall be equipped with suitable and well-maintained
tail, head and clearance lights, fire extinguishers and an audible warning system
that is sounded by the operator each time the train is about to move. “Deadman”
controls.
(2) Every trolley locomotive shall be operated with the trolley pole
in the trailing position.
Parking
(3) Every storage battery and trolley locomotive shall be equipped unattended
locomotive.
with a “deadman” control switch and a control lever so that the lever cannot be
removed when the power is on.
Training and
(4) No person shall leave an electric haulage locomotive unattended operating
procedures.
unless the brakes have been set, the control lever placed in the parked position,
and the main switch placed in a non-operating position.
(5) The manager shall develop proper standard operating practices Electrical guarding
to govern the safe operation of the railway, and this shall include maintenance for cranes.
and operation of all equipment and track, and each employee operating the
equipment shall be trained in the standard procedures. Level turntables.
71. (1) Electrical bridge and trolley conductors for cranes shall be
located or guarded to prevent accidental contact by persons. Precautions for air
powered cranes.
(2) Mobile cranes shall be operated with their turn-tables level,
except as permitted by the manufacturer.
Non-destructive
(3) Air-operated cranes, hoists and winches shall be supplied with testing.
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Repair standards. air at sufficient pressure to ensure safe operation and there shall be a suitable
device to prevent inadvertent disconnection of the air supply.
(4) When required by the Inspector, a suitable non-destructive
test shall be made on all load carrying components of the crane or lifting device.
Manual available (5) Any modifications or repair of a structural element or
on site. component of a crane, derrick, or hoist shall be approved by the original
manufacturer or carried out under the direction of a professional engineer who
shall certify the work.
Safe working load. (6) The manufacturer’s manual shall be available at the place where
the equipment is used and the manual shall show, in English, the approved
method of erection, dismantling, operation, adjustment and maintenance of
the component parts and the assembled equipment.
Boom angle
indicator. (7) A permanent, clearly visible and legible sign shall be affixed to
each crane, derrick and hoist showing the safe working load which shall not
be exceeded.
Control (8) Every crane, derrick and similar hoisting equipment with a
identification. boom that can be moved in a vertical plane shall be provided with a device to
indicate the angle of the boom or the radius of the lift which should be clearly
Operator protection. visible from the operator’s location.
(9) Each control for a crane, derrick or hoist shall be clearly
Qualified operators, marked to show its function.
hand signals.
(10) Hoisting-equipment operators shall be protected against
weather, falling objects and overhead hazards.
Pre-operation
testing. (11) The manager shall ensure that hoisting equipment is operated
only by qualified persons and that a standard system of hand signals is used by
the operator and any other persons involved in the lifting operation.
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(12) The operator of any lifting device shall, at the start of each shift, Erection standards
test the limit switches, brakes, circuit breakers and all control and safety devices for platforms.
and the operator shall not operate the unit if any of these are defective.
Guardrails.
72. (1) All scaffolding shall be erected plumb and level, with the vertical
supports resting on a firm foundation or sills. Planks.
(2) All work platforms shall have standard guardrails on all open
sides and ends.
(3) Every scaffold plank shall be examined prior to installation to Plank size and
ensure its effectiveness and shall be supported at intervals not exceeding 3 placement.
meters (10 feet) for light work and 2.1 meters (7 feet) for heavy work and shall
extend not less than 150 mm (6 ins.) beyond the supporting members.
Maximum spacing
(4) Work platforms made of scaffold planks shall not be less than of components.
2 planks wide, placed side by side and shall provide a minimum work surface
of 500 mm (6 ins.).
Ladder required.
(5) The horizontal spacing of uprights, guardrails post and bearers
of wooden scaffolds shall not exceed 3 meters (10 feet) for light duty scaffolds
and 2.1 (7 feet) for the heavy duty scaffolds. Tubular scaffolds.
(6) Access to scaffolds shall be provided by end frame ladders,
fixed vertical or portable ladders or stairways.
(7) All tubular metal scaffolds shall be erected in accordance with Non-destructive
the manufacturer’s instructions and specifications, and if accessories, bracing testing of raise
or fasteners are from different manufacturers, the manager shall ensure their climbers.
suitability and compatibility.
73. (1) Before installing a raise climber, the manager shall submit to the
Inspector, a certificate from the manufacturer of the raise climber, or a professional
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Manufacturer’s engineer attesting that all critical, load bearing components of the assembly
name plate. and accessories have been inspected and tested non-destructively by approved
methods.
Braking systems. (2) Every raise climber shall have a durable and legible
identification plate showing the name of the manufacturer, date of manufacture,
serial and model numbers, the maximum allowable speed and allowable load
ratings.
(3) Raise climbers shall be equipped with at least 2 separate and
Brake adjustment independent braking systems, each capable of stopping and holding the
and protection. conveyance under all rated load and speed, and an automatic overspeed brake
that is capable of bringing the unit to a safe stop under any rated load condition
from a predetermined overspeed.
Electrically driven (4) Raise climber brakes shall either be designed to compensate
units. automatically for lining wear or the means to easily manually adjust them, and
all brake blocks and linings shall be protected from water, oil, grease or other
substance that could adversely affect their operation.
Modification
requirements. (5) Electrically driven raise climbers and their electrical
components shall be designed and installed to ensure the safety of persons
working on or about the unit under any operating conditions.
Inspection after (6) Any modification to the raise climber, or the use of racks,
installation. pinions or bolts other than those supplied by the manufacturer shall be approved
by the manufacturer as acceptable substitutes or certified by a professional
engineer.
Maintenance. (7) After installation by qualified persons and before the raise
climber is put into service, a final inspection and test of the installation shall be
conducted and the procedure and results shall be recorded in the maintenance
record book for the unit.
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Operating
(8) The manager shall ensure that only qualified persons maintain procedures.
the raise climber according to the manufacturer’s specifications and that the
work is recorded in the maintenance record book kept for that purpose.
(9) The manager shall establish safe operating procedures for the
raise climber and ensure that all persons using the equipment have been trained
in its use. Installation and
maintenance
standards.
PART VII
ELECTRICAL APPARATUS
Notification before
74. The manager shall ensure that all electrical equipment shall be installed, installation.
maintained, and operated in accordance with the manufacturers specifications
and where required, in accordance with an internationally accepted standard.
Schmatic drawings.
75. (1) The manager shall notify the Inspector before there is any prior
introduction of electrical energy at any mine and prior to increasing the capacity
of an existing installation by more than 500 kva.
(2) The notification referred to in paragraph (1) above shall show
the areas at the mine where electrical energy is to be transmitted and used on a
schematic drawing approved by a professional engineer and if the energy is to Standards for
be used under ground, the drawings shall show the dimensions of the mine explosive
openings and the clearances for cables in the tunnels as well as the electrical atmospheres.
equipment in distribution stations.
Isolating
(3) The manager shall notify the Inspector of the international switchgear.
approval standard required for any equipment to be installed in a location where
explosive gases, vapours or dusts may be present.
Manager to
76. Switchgear shall be provided at the surface of the mine for isolating all develop lockout
procedure.
underground electrical circuits and a person authorized to operate the switchgear
shall be available whenever the circuits are energized.
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Requirement to
lock out. 77. (1) The manager shall develop an acceptable and proper lockout
procedure and shall ensure that all persons required to lockout machinery are
Lock out procedure. trained in that procedure.
(2) Before any work is performed on electrical equipment, the
main power source shall be disconnected, locked out and tagged.
(3) Locks and tags shall be issued to each person who works on
machinery or equipment which has to be locked out, and the lock issued to
Lock removal. any person shall only be capable of being opened by that person’s key and the
tags shall contain space for recording the person’s name, the type of work
being performed, the date and time the work was started and the name of the
supervisor.
Handling of trailing
cables. (4) A lock shall only be removed by the person who affixed it to
the lockout device and when work is completed all guards, fences and other
Defective cables. safety devices shall be replaced before the locks are removed.
78. (1) Persons handling energized trailing cables shall use suitable
protective equipment supplied by the manager.
Ground fault
protection of (2) Defective trailing cables shall be removed from service and
submersible pumps.
before any damaged trailing cables are returned to service they shall be inspected
by a qualified person.
Ground fault 79. A submersible pump that is supplied with electricity by a trailing cable
protection for shall be provided with ground fault protection to limit ground fault current to a
supply system.
maximum of 25 amps and the protection shall automatically isolate the supply
in the event of a ground fault.
80. Supply systems for mobile electrical equipment shall be tested before
being put into service and at least once a year thereafter in order to prove the
effectiveness of the ground fault tripping and ground conductor monitoring
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circuits and a record of these tests shall be kept at the mine, available for
examination by the Inspector.
Standards for
buildings.
PART VIII
BUILDINGS AND STRUCTURES Professional
design.
81. (1) All buildings shall be constructed in accordance with proper
standards prescribed by the Inspector.
(2) Any construction, alterations, dismantling, moving or major Construction
repair to a building shall have drawings prepared by a professional engineer standard for
buildings and
which clearly show all field connections and information necessary for the safe
structures.
completion of the work.
82. Any building, or portion of a building that is within 15 meters (50 feet)
of the headframe or other entrance to a mine shall be of non-combustible Escape exits.
construction and the remainder of the building shall be either non-combustible
or separated from the non-combustible section by a firewall with a 4 hour fire
resistance rating.
Marking of
83. (1) The manager shall ensure that all places where work is travelways.
performed have safe means of access and egress and an alternate means of
escape. Marking
emergency exits.
(2) Aisles and passageways in work and storage areas shall, when
required by the Inspector, be clearly delineated by floor markings. Doors and
landings.
(3) Emergency exits shall be clearly marked and designed to provide
quick and unimpeded exit. Double swing
doors.
(4) All doors shall not open directly onto stairways but onto landings
which have a width in excess of the swing of the door.
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Glass doors.
(5) Double acting swing doors shall be designed and installed to
permit an adequate view through the doors.
Entrance minimum
widths.
(6) Transparent glass doors and panels shall be constructed of
laminated, tempered or wire safety glass.
Power door
protection. (7) All entrance ways through which equipment is moved shall
exceed the equipment dimensions by at least 500 mm (20 ins) in width and
300 mm (12 ins) in height.
Standards for stairs.
(8) Power-operated vertical doors shall have devices along the
lower edge which will automatically stop movement of the door when sensing
an obstruction or reaching the floor.
Guardrails. 84. (1) Every flight of stairs having more than 4 risers shall be equipped
with handrails and midrails halfway between the top of the handrail and the
nose of the stair tread on all open sides of the stairways and, for a closed
stairwell, there shall be a handrail on one side.
Guardrails for pits,
etc. (2) Standard guardrails shall be installed where any open-sided
floor, working platform, runway, walkway or balcony is more than 1 meter
(3.3 feet) above grade or floor level.
Standards for
walkways. 85. Openings or pits in floors, roofs, walk-ways, or any open tank or
other work area accessible to persons shall be securely covered or protected
Curb required. by fixed or removable guardrails.
86. (1) Walkways shall not be less than 750 mm (30 ins) in width and
shall be provided with safe access by stairways or fixed ladders.
(2) Curbs or bullrails on walkways to prevent vehicles or equipment
Application required from running off the edge shall not be less than 250 mm (10 ins) in height.
for construction.
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PART IX
DUMPS (TIPS), DAMS AND LAGOONS
Design by
87. (1) Prior to construction of a dump, dam or lagoon, the manager professional
shall make an application to the Inspector for authorization to construct such engineer.
dump, dam or lagoon.
“As built” report
(2) An application under paragraph (1) above shall consist of an and inspection.
investigation and design report by a professional engineer that includes a
surveillance and instrumentation program.
(3) No tailings impoundment or storage lagoon shall be operated
until the Inspector is satisfied that sufficient work has been carried out and Annual report.
sufficient precautions taken to enable safe, continuous operation in accordance
with the approved design; and in addition, the manager shall file with the Inspector
an “as built” report prepared by the design engineer.
88. The manager shall provide the Inspector with an annual report, prepared Engineer’s
by a professional engineer, on the operation and maintenance of the tailings inpection and
disposal system and any water controlling dams, and when required by the report on closure.
Inspector, any waste rock or soil dump.
89. Prior to the abandonment or closure of any impoundment, dam, or
waste dump, the long term structural stability and runoff control shall be
demonstrated by an engineering report acceptable to the Inspector. Permit required
for explosives.
PART X
EXPLOSIVES
90. (1) The manager shall apply for and receive an explosives storage Location.
and use permit from the Inspector before a magazine is located, erected, built,
put into service, or modified, or before carrying out any maintenance work on
the magazine including the installation of lighting or heating. Rules for operation
of magazine.
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(2) The manager shall select the magazine site in accordance with
Qualified person in the British Table of Distances.
charge.
(3) Every magazine shall be operated and maintained in
accordance with the following rules which shall be posted inside the magazine:-
Magazine to be
locked. (a) a qualified person shall be in charge of the
magazine and shall carry out a weekly inspection
Housekeeping. and inventory;
(b) the magazine shall be kept locked at all times
No steel or iron. except when explosives are being moved;
(c) the magazine shall be kept clean, dry, and free of
broken explosives packages or spilled explosives;
Rotation of stock.
(d) the magazine shall not contain any exposed iron
or steel except in fixtures, and its contents shall be
Storage of arranged in a tidy and organized manner; and
detonators.
(e) the explosives stock shall be rotated so that the
oldest stock is used first.
Underground
storage. (4) Detonators shall be stored in a separate building and not placed
within 10 meters (33 feet) of explosives except during transport or during
loading operations.
Training and
blasting (5) In an underground mine, daily explosives storage boxes that
qualifications.
are well marked may be maintained in each working place without the permission
of the Inspector.
Use, care and
handling of 91. No person shall conduct a blasting operation unless the manager is
explosives.
completely satisfied that the person has been adequately trained in the safe
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handling and use of explosives. Opening nitro
glycerine explo-
sives containers.
92. (1) Only explosives acceptable to the Inspector shall be used and
they shall have plainly marked on every original package, the name and place of Defective
the manufacturer and the date when they were produced. explosives.
(2) Cases containing nitro-glycerine based explosives shall only be
opened with implements made of non-sparking material. Safety fuses.
(3) When defective explosives are found they shall be immediately
reported to the Inspector and removed from the worksite.
(4) Safety fuses shall be made up into fuse assemblies that have a
detonator attached at one end and are of a standard length. Transportation of
explosives by
authorized persons.
(5) No person shall commit any careless act with explosives or
detonators. No open flame
lights.
93. (1) Only persons authorized by the manager, shall remove
explosives from the magazine and transport them to the workplace. Vehicle standards
for transporting
(2) No person shall smoke or have open-flame lights within 10 explosives.
meters (33 feet) of a vehicle containing explosives.
(3) A vehicle used to transport explosives,
(i) shall have a separate compartment to
ensure the explosives do not contact any
metal; and
(ii) shall be constructed so that the explosives
cannot fall from the vehicle; and
(iii) shall have clearly visible signs marked Refuelling
EXPLOSIVES, with letters not less than vehicles.
150 mm (6 ins) high whenever the vehicle
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Transport of (4) A vehicle used for transporting explosives shall not be refuelled
detonators and when carrying explosives and shall have the engine shut off when explosives
explosives. are being loaded or unloaded.
Transport in shafts.
(5) Where detonators are to be transported with explosives they
shall be placed in a wooden container that has sides at least 150 mm (6 ins)
Loading explosives. thick.
(6) Explosives or detonators shall not be transported in a shaft
conveyance with other material or persons other than the cage tender.
Explosives 94. (1) Cartridge explosives shall not be loaded into a hole of
wrappers. insufficient size, by hitting, pounding, ramming or applying undue pressure but
shall only be loaded by means of a loading tool made of wood, plastic or other
Punching explosive material approved by the Inspector.
primers.
(2) Nitro-glycerine based cartridge explosives shall not be
removed from their wrappers.
Detonator strenght.
(3) Primers shall be made up only as required and, when priming
nitro-glycerine type explosives only a non-sparking implement shall be used to
punch the hole in the cartridge.
Pneumatic loading (4) Every primed cartridge shall contain a properly prepared
of explosives. detonating device sufficient to reliably initiate the explosion and the detonator
shall be inserted in such a manner that it cannot be separated or pulled out of
the cartridge.
Pneumatic loading (5) Pneumatic loading of explosives shall only be carried out with
over leg wires. explosives acceptable to the Inspector and using acceptable procedures and
approved equipment that will prevent dangerous build-up of static electricity
Extracting or hazards from stray electric currents.
explosives.
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(6) Pneumatic loading of explosives over the leg wires of electrical Extracting ANFO
detonators is prohibited without the written permission of the Inspector. explosives.
(7) No person shall extract or attempt to extract nitro-glycerine Marking blast
based explosives from a blasthole. area.
(8) Ammonium nitrate (ANFO) type explosives may only be
removed by washing them from the blasthole. Vehicle distance
from blast.
(9) A blast area on surface shall be clearly identified by posted
signs to prevent inadvertent access of vehicles. Blasting time.
(10) No vehicle shall be allowed within 8 meters (26.5 feet) of any
charged blasthole except specially fitted vehicles authorized by the Inspector. Warning before
blasting.
95. (1) In an underground mine, a specific time shall be set for blasting
in order to protect persons from exposure to dust, fumes and smoke.
(2) Before blasting, the blaster shall clear the blast danger zone of Blasting sequence.
all persons; ensure that all entrances to the blast danger zone are guarded by
persons to prevent access; and at a surface mine, ensure that an effective audible
warning is sounded by a siren or similar device.
Blaster to count
(3) Every charged hole shall be fired in its proper sequence, and shots.
where any blast could affect other charged blastholes, all of the holes shall be
fired in one operation.
(4) A blaster shall when possible, count the number of shots Firing from remote
exploding, report the suspicion of any shot that did not fire and identify any location.
misfired hole by inserting a conspicuous, non-metal marker at its outer end or
roping off the area. Safety fuse
lengths.
(5) Blasts shall be fired from a remote location during shaft sinking
operations or when raising has exceeded 10 meters (33 feet).
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Blaster to leave (6) In any blasting operation, the safety fuse shall be at least 1
after ignition. meter (3.3 feet) in length, be lit by a suitably timed igniting device and if more
than one device is used, they shall be activated simultaneously and the safety
Blasting machine fuse shall have a burning time at least twice that of the igniting device.
maintenance.
(7) The blaster and all other persons shall leave the blasting area
immediately after the ignitor cord or fuses have been lit.
Condenser blasting
machines. (8) Blasting machines shall be of type acceptable to the Inspector
and they shall be kept in a cool, dry storage space and maintained in serviceable
condition.
Connecting
electrical blasts. (9) Condenser discharge machines shall be examined to ensure
any residual charge remaining on the capacitors after use is discharged
according to the manufacturer’s instructions.
Electric power
circuits for blasting. (10) The blasting machine shall not be connected to the blasting
cables until immediately before firing charges and it shall be immediately
disconnected after firing or attempting to fire the charges.
Blasting cable size.
(11) Electric power from lighting or power circuits shall not be
used for firing charges unless the blasting circuit has an isolating transformer
and a special firing device that opens the blasting circuit by gravity.
Isolating multiple
blasting sites. (12) The blasting circuit conductors shall be No. 12 AWG size
cable, or shall be more readily identified as blasting cable and where expendable
connecting wire is used, this shall not be less than No. 20 AWG in size.
Testing electrical
circuit. (13) Where a blasting circuit is used for more than one working
place, each branch shall be isolated by means of a locked isolating switch that
automatically short circuits the branch circuit.
Electrical storm
warning. (14) Where more than one shot is fired electrically, the blaster shall
test the electrical circuit with an approved circuit testing device immediately
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before blasting. Radio transmitters
prohibited.
(15) The manager shall ensure that persons engaged in blasting
underground are warned of any electrical storm.
Blasting
(16) The blaster shall ensure that signs are posted to ensure that conductors
radio transmitters shall be turned off when within 20 meters (66 feet) of the site insulated.
where electric blasting is being used. Distance of blasting
conductors from
(17) All blasting circuit conductors shall be insulated cable and shall power lines.
be short-circuited except when connecting the blast. Re-entry after
blasting.
(18) Blasting circuit conductors shall be kept at least 150 mm (6
ins) away from power and lighting circuits.
Minimum distances
(19) The blaster shall ensure that no person enters the blast area for drilling near
until the firing cables have been disconnected from the firing device and explosives.
short-circuited, and the blaster has sounded an “all clear” signal.
No drilling in
96. (1) Drilling shall not be carried out within 300 mm (12 ins) of a blasted rock.
bootleg hole on surface or within 150 mm (6 ins) underground unless a safe,
acceptable procedure has been developed.
(2) No person shall drill in loose rock produced by blasting unless Misfired hole on
the rock has been thoroughly examined to ensure that it does not contain surface.
explosives or an engineered pattern is utilized to prevent overlaying of new
holes over previously blasted holes. Re-entry when
misfire suspected.
97. (1) A misfired hole on surface shall be clearly marked off for a
distance of 8 meters (26.5 feet) around the collar of the hole.
(2) No person shall be allowed to return to the location of a blast Re-entry to
initiated by safety fuse until a time equal to seven times the number of meters (2 electrical blast
area.
times number of feet) in the longest fuse used has passed, and if a misfire is
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Abandonment suspected then no sooner than 30 minutes.
after last blast.
(3) Where blasting is initiated electrically and a misfire is suspected,
no person shall return to the blast site until 10 minutes from the time the blasting
circuit is disconnected and short-circuited.
Removal of (4) The manager shall ensure that an underground development
explosives from mine heading is not abandoned or work discontinued until the broken material from
site. the last blast has been removed and the face has been examined for misfires or
Disposal on closure. holes containing explosives.
98. (1) No person shall take explosives, detonators or fuses away
Common blasting from a mine unless authorized to do so, in writing, by the manager.
time for adjacent
mines.
(2) All explosives shall be removed or properly destroyed prior
to the closure of a mine.
Examination before
breakthrough. 99. (1) Where work is conducted at adjacent surface or underground
mines having connected workings, the managers shall agree to a mutually
acceptable common blasting time and procedure.
(2) When an active underground working is within 8 meters (26.5
feet) of another mine opening or a drill hole, the shift supervisor shall make a
thorough examination of the other opening or the drill hole collar and ensure
that the workplace can be advanced in a safe manner and also ensure that
access to the nearest point of intersection with the other opening or the drill
Intoxicating hole collar is guarded during blasting.
substances.
PART XI
Impairment. PERSONNEL SAFETY AND EMERGENCY PREPAREDNESS
100. (1) No person shall possess intoxicating liquor or illegal drugs in
or about a mine.
Foolhardy
behaviour. (2) No person shall be allowed to remain in a mine if in the opinion
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of the supervisor, his ability is so impaired by intoxicating beverages or drugs
that the health or safety of any person is endangered.
(3) No person shall engage in any improper or fool-hardy behaviour Protection of
such as horseplay, scuffling, fighting, playing practical jokes, or other conduct safety devices.
that might create or constitute a hazard to any person in or about a mine.
(4) No person shall render ineffective any device, equipment or General safety
material provided for the protection of the health and safety of persons employed rules. Log-in/log-
out procedure.
at a mine or provided for the safety of the public.
101. (1) The manager shall ensure that a proper method acceptable to Persons working
the Inspector is adopted and used to account for all persons going on or off alone.
shift at the mine.
(2) Whenever a worker is working alone and he may not be able
to secure assistance in the event of injury or other misfortune, the manager shall Persons working
ensure that there is a procedure for checking the well-being of the person at overhead.
intervals not exceeding 2.5 hours.
Protection from
(3) No person shall be allowed to work in a location where persons drowning.
are working overhead, unless adequate protection is provided.
(4) Where persons are required to work near water or where Dangling clothing
drowning could be a risk, the manager shall provide them with approved personal and hair prohibited.
floatation devices and approved lifebouys with heaving lines of adequate length.
(5) Where there is a risk of workers coming into contact with
moving parts of machinery or electrically energized equipment, the workers
shall wear clothing that fits closely to the body; confine any long cranial or facial Guarding moving
hair; and refrain from wearing dangling neckwear, bracelets, wrist-watches or parts.
similar articles.
(6) Unless situated so as to prevent a person from coming into
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Fall arresting device. accidental contact with it, every drive belt or drive chain, flywheel, sprocket,
pulley, geared wheel, and every part of any wheel or other revolving part that
projects unevenly from the surface shall be effectively enclosed, covered or
guarded.
Storage of fuels (7) Where a person is exposed to the hazard of falling a distance
near shaft. greater than 3 meters (10 feet), a fall-arresting device shall be provided and
the person shall wear the device.
(8) Oil, grease, liquid fuels and other flammable materials shall
Storage tank not be stored within 30 meters (100 feet) of a shafthouse, mine portal or other
standards. mine opening; and the natural drainage from any fuel storage area shall be
directed away from the mine openings.
(9) Every fuel storage tank shall have signs which:-
(a) identify the contents of the tank; and
(b) identify the area as a fire hazard zone.
First aid supplies.
(10) Every fuel storage tank shall be surrounded by a containment
capable of storing 110% of the storage capacity of the tank.
Working in
confined spaces. (11) The manager shall provide and maintain the first aid supplies
required by the Inspector.
Working on loose 102. (1) The manager shall ensure that written procedures acceptable
material. to the Inspector are developed for work in confined spaces such as bins or
tanks where irrespirable, toxic or flammable atmospheres might be encountered.
(2) No person shall enter or be allowed to enter a bin, stockpile
area or any other place where there is a danger of being trapped in loose
material unless:-
(a) a safe access has been provided by walkways,
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catwalks or other means; and
(b) the person entering is equipped with a safety belt Fire fighting and
and a secured lifeline and is attended by another mine rescue. Fire
hazard warning
person capable of making an immediate rescue.
signs.
103. (1) Fire hazard areas shall be identified by warning signs, and Fire fighting
persons shall not smoke or use open flame lamps, matches or other means of equipment.
producing heat in any designated area.
(2) The manager shall ensure that fire fighting equipment is provided
and maintained in or about every fire hazard area; every headframe; portal Mine rescue plan.
house; all electrical installations; pump stations; conveyors or fuel depots
underground.
(3) The manager of an underground mine shall develop and file Evacuation
with the Inspector, a mine rescue emergency plan to be followed in the event of procedures.
an emergency.
(4) The manager of an underground mine shall prepare procedures
for the safe evacuation of the mine in the event of a fire, and shall ensure that Trained rescue
each worker receives instruction in the procedures and recognizes the emergency team required.
warning system.
(5) When required by the Inspector, the manager shall ensure that Training
at least one fully trained and equipped mine rescue team is fully maintained at all frequency.
times.
(6) The mine rescue team members shall have first aid training to a
proper standard acceptable to the Inspector and shall practice as a team for
not less than 8 hours during each 3 month period.
Shaft design.
PART XII
HOISTS AND SHAFTS
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Underwind
clearance. 104. (1) A mine shaft shall be designed by a professional mining engineer
and shall be equipped with a means to guide each shaft conveyance to prevent
contact with another shaft conveyance; any shaft furnishing; or the shaft itself.
(2) The shaft shall have underwind clearances that exceed the
Friction hoist stopping distance of any shaft conveyance when travelling at the maximum
guides. permitted speed and carrying the maximum permitted load, except during shaft
sinking operations.
(3) Where a friction hoist is installed, the shaft shall be equipped
Shaft lining. with tapered guides, or other devices acceptable to the Inspector, which shall
be located above and below the limits of regular travel and designed to
decelerate and safely stop a conveyance in the event of overtravel.
Shaft partioning. (4) A shaft shall be securely lined and if necessary cased, and the
lining or casing shall be maintained within 20 meters (66 feet) of the bottom of
the shaft during shaft sinking operations.
Ladderway
partitioned. (5) Shaft compartments used for handling materials shall be
partitioned from the other compartments at the collar, and at all level openings.
(6) The ladderway in a shaft compartment shall be separated from
the hoisting compartments by a partition that prevents:-
(a) a falling object from entering the ladderway
compartment; or
Gates on shaft
openings. (b) the intrusion of an object from the ladderway
compartment into the hoisting compartment.
Ladderway (7) Where the hoisting compartment at a shaft station is not securely
required. closed off, a substantial gate shall be installed so as to securely close off the
hoisting compartment.
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(8) A suitable stairway or ladderway shall be maintained in every
shaft, and during sinking operations if the ladder does not extend to the bottom
of the shaft then an auxiliary ladder shall be installed which extends to the Transport during
shaft sinking.
bottom of the shaft.
(9) When the vertical depth of a shaft below the collar exceeds 50
meters (165 feet), a sinking bucket shall be provided for the transport of persons; Crosshead
and when the distance between the head sheave and the bottom exceeds 100 required.
meters (300 feet), a crosshead shall be used with the bucket.
(10) The crosshead shall land on at least two chairs at the bottom
crosshead stop to prevent distortion; shall be attached to the rope by a safety
appliance to ensure that the bucket is stopped if the crosshead should jam in the Signal lights for
shaft and shall be of a type that encloses the bucket, unless the shaft compartment hoistman.
is tightly lined and the bucket is barrel shaped.
(11) Dual lights shall be installed within view of the hoist operator to
indicate that the crosshead and the sinking bucket are descending the shaft Automatic latch
together after leaving the dumping position and also to indicate whether the of dump doors.
service doors or dump doors are in or out of the shaft compartment.
(12) During sinking operations, service doors shall be installed at
the collar, and any other place in the shaft, in order to cover the shaft
compartments where the bucket is loaded or unloaded, and the doors shall
automatically latch out by mechanical means whenever they are being removed
from the hoisting compartment; be closed whenever a bucket is being loaded Dump door
or unloaded; and be closed whenever persons are entering or leaving the bucket, arrangement.
except where a closed crosshead provides equivalent protection.
(13) During sinking operations, dump doors shall be installed at the
bucket dumping position and arranged so as to prevent a bucket from being
dumped when the doors are in the open position, and to prevent any material
from falling down the shaft when the bucket is dumped and automatically latched Multideck
hoisting stages.
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out by mechanical means whenever they are removed from the hoisting
compartment.
Sinking bucket (14) Where a multi-deck stage is used for sinking a shaft, it shall be
loading. designed by a professional engineer and constructed in accordance with the
design.
Persons to ride in
bucket. (15) A shaft sinking bucket shall be filled so that no piece of rock
projects above the level of its rim.
Bucket control near
shaft bottom. (16) Except during shaft maintenance and inspection operations,
every person being transported by a bucket shall ride in the bucket.
(17) A bucket being lowered to the shaft bottom shall be stopped
Bucket lowering at a distance of at least 5 meters (16.5 feet) and not more than 10 meters (33
after blasting. feet) above the shaft bottom; and after a separate signal has been given, it shall
be lowered slowly from this point.
(18) During sinking operations, on the first trip carrying persons
down the shaft after blasting, the bucket shall not be lowered beyond a point
Hoist permit. of 15 meters (50 feet) above the blasting set or bulkhead, or beyond any point
in the shaft where the safety or health of persons could be endangered, until
the persons riding in the bucket signal the further descent of the bucket.
105. (1) No hoist shall be put into service unless a certificate has been
obtained from:-
(a) the manufacturer of the hoist; or
(b) a professional engineer competent in hoist design,
Hoist certifying the maximum rope pull, the maximum
commissioning suspended load, and in the case of a friction hoist,
tests. the maximum unbalanced load.
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(2) Commissioning tests shall be conducted by a professional Maximum shaft
engineer on any new or reactivated mine hoist and a certificate indicating the conveyance loads.
results shall be filed with the Inspector.
(3) The maximum number of persons that may be carried by a
shaft conveyance shall not exceed 85% of the maximum allowable weight of Logbook to be
materials divided by 90, or the deck area in square meters divided by .19, maintained.
whichever is less.
(4) The manager shall ensure that for each hoisting plant, a logbook
to record pertinent information about the operation and maintenance of the Hoistman’s
plant is maintained on the following topics: electrical equipment; hoisting qualifications.
machinery; hoistman’s observations; rope records; and shaft inspection.
(5) No person shall operate or be permitted to operate a mine
hoist unless that person has worked a minimum of three years at a mine, and Headframe design.
has had at least one year of shaft experience, and has obtained a letter from a
medical doctor stating his fitness to operate a hoist.
106. (1) A shaft headframe, whether on surface or underground, shall
be designed by a professional engineer and shall be of sufficient height to provide
an overwind distance that exceeds the greater of twice the stopping distance of Shaft rope sheave
the shaft conveyance travelling at the maximum speed permitted by the hoist certificate.
controls or 3 meters (10 feet).
(2) Before a shaft rope sheave is used, a certificate shall be obtained
from the manufacturer or a professional engineer certifying its maximum rated
load carrying capacity; the diameter of rope for which it was designed; the Shaft rope sheave
maximum breaking strength of the rope for which it was designed; and the grooves.
maximum amount of groove wear that shall be permitted.
(3) A shaft rope sheave shall have a groove, or inserts with a groove, Non-destructive
which is suitable for the rope being used and it shall bear a serial number and a testing.
date of manufacture.
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Hoist ropes/factor
of safety. (4) The shaft of a sheave shall be non-destructively tested for
flaws before being put into service, and shall be tested annually thereafter.
107. (1) Each component of the suspension gear between a shaft
Welding of ropes conveyance or counterweight and a hoisting or tail rope, and any connections
prohibited. between conveyances, shall have a static factor of safety when new, of not
less than 10.
Rope connection
device. (2) Components of a single suspension unit between a hoisting
rope and a shaft conveyance shall not be welded.
Drum and rope (3) A shaft rope shall be attached to the suspension gear of a
attachment. shaft conveyance or counterweight by a closed-type device that cannot be
inadvertently disconnected.
(4) In a drum hoist installation, the hoisting rope of a shaft
Test trips after conveyance or counterweight shall be attached to the drum of the hoist and
maintenance. there shall be not less than 3 rounds of rope on the drum when the shaft
conveyance is at the lowest point in the shaft.
(5) When the attachments for a shaft hoisting rope are first installed
or reinstalled after dismantling, the hoist operator shall make two test trips of
Initial destructive the conveyance, carrying its normal load, through the working part of the shaft.
testing of rope The attachments shall be examined by a qualified person after the trips and a
samples.
record of the test trips shall be made in the logbook.
(6) Before a shaft rope is installed, a 2.5 meter (9 feet)
representative sample of the rope shall be destructively tested at a rope testing
Six month laboratory acceptable to the Inspector and the test certificate showing the
destructive test. actual breaking strength, the percent elongation at failure, and the results of
torsion tests performed on individual wires shall be sent to the Inspector.
(7) Six months after installation of the hoisting rope and at six
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month intervals thereafter, a 2.5 meter (9 feet) length shall be cut from the lower Electromagnetic
end of the rope and destructively tested in accordance with paragraph (6) of testing of ropes.
this Regulation, and the test results shall be forwarded to the Inspector.
(8) Electromagnetic testing of the entire rope shall be conducted
within six months after installation of same and at six month intervals thereafter Rope splicing
until the rope has been in service for two years when the interval for testing shall prohibited.
be reduced to every four months.
Minimum rope
(9) No rope shall be used as a hoisting rope if it has been spliced, diameters.
reversed, or previously used in a shaft sinking operation.
(10) The minimum nominal diameter of a hoisting rope shall be 16 Factor of safety
mm (0.64 ins) where a shaft conveyance is supported by a single rope, and 13 for ropes and
drum hoists.
mm (0.5 ins) where more than one rope is used.
(11) The factor of safety of a hoisting rope installed on a drum hoist
when the conveyance is carrying its maximum permissible load shall not be less
than 8.5 at the point where the rope is attached to the conveyance; 5.0 at the
point where the rope leaves the head sheave; and 7.5 at the point where the Factor of safety
rope is attached to a skip or counterweight, and the maximum load shall be for ropes on
accurately determined by weighing. friction hoists.
(12) The factor of safety of a friction hoist rope shall not be less than
the greater of 5.5 or the value obtained from the formula 8.0 minus 0.00164d, Factor of safety
where ‘d’ is the maximum length of rope, in meters, in the shaft compartment for tail ropes.
below the head sheave or friction hoist drum.
Removal of rope
(13) The factor of safety of a tail or balance rope shall not be less from service.
than 7.0; and for a guide or rubbing rope it shall not be less than 5.0.
(14) No rope shall remain in service when its breaking strength is
found to be:-
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(a) less than 90 percent in any part of the rope;
(b) 90 percent in any part of a multi-layer, multi-strand
balance rope;
(c) 85 percent in any part of a single layer, stranded
Removal of balance rope; or
deteriorating ropes.
(d) 75 percent in any part of a guide or rubbing rope.
(15) A hoist rope shall be removed where the destructive test of a
piece of a hoist rope indicates that the extension has reduced to 60 % of the
original extension test for that rope, and marked corrosion or a considerable
loss in wire torsion has occurred; the number of broken wires in any section of
Load rating the rope equal to one lay length; exceeds 5 % of the total number of wires in
certificate for the rope, excluding filler wires from the calculations or the rate of stretch of a
hoisting friction hoist rope shows a rapid increase in its normal rate of stretch.
conveyance.
Professional 108. (1) Each conveyance shall have a certificate showing the rated
engineers design. load certified by the manufacturer or a professional engineer; the serial number;
date of manufacture; and name of the manufacturer.
(2) The maximum design stress for each component of a
conveyance shall be established by a professional engineer and shall include
Safety factor. the effects of the weight of the conveyance; the rated load; any impact load;
any dynamic load; stress concentration factors; corrosion; metal fatigue; and
dissimilar materials.
Securing equipment (3) All parts of a shaft conveyance when carrying the rated load
from conveyance. shall be capable of withstanding four times the maximum allowable design
stress, without permanent distortion.
Slinging equipment (4) Whenever equipment or supplies are being transported in a
from conveyance. shaft conveyance, they shall be loaded and secured to prevent them from
shifting.
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Cage for transport
(5) Where equipment to be transported in a shaft is slung underneath of persons.
a conveyance or crosshead, it shall be suspended in such a manner as to prevent
its contact with any part of the shaft interior or its furnishings. Cage construction
(6) Except during sinking operations, a suitable shaft conveyance standards.
or cage shall be provided for the transport of persons.
(7) A cage for the transport of persons in a shaft shall be enclosed
on all sides, (except for the side containing a door), by steel sheet at least 3 mm
(1/8 ins) thick or material of equivalent strength, and
(a) shall be adequately ventilated;
(b) shall have a hood made of plate steel at least 5mm
(0.2 ins) thick or material of equivalent strength and
incorporating an escape hatch;
(c) shall have an internal height greater than 2.1 meters
(7 feet);
(d) shall have a door opening clearance greater than
1.8 meters (4.5 feet), and if supported by a single Cage doors.
rope, shall be equipped with safety catches and
mechanism.
(8) The doors of a cage shall:-
(a) be at least 1.5 meters (5 feet) high;
(b) be mounted and arranged so they cannot be opened
outward from the cage;
(c) have the minimum clearance at the floor to allow
them to be opened and closed;
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Cage safety
catches. (d) be of solid construction and adequate strength to
withstand normal shock loads.
(9) The safety catches on a cage or skip shall safely stop and hold
Free fall testing. them if the hoisting rope or its attachment should fail and shall be tested by a
free fall test before the cage or skip is first used for the transport of persons
and also after any repairs to the safety catches or mechanisms.
Passing standard (10) The free fall test shall be conducted with the cage or skip
for free fall tests. carrying a weight equal to the maximum permitted load and at a speed equal
to the normal hoisting speed when transporting persons.
(11) A free fall test shall be considered successful if:-
(a) the cage or skip is decelerated between 1g and
3g;
(b) there is no damage to the safety dogs or
mechanisms; and
(c) the safety dogs engage the guides continuously
Report to Inspector. during deceleration and the calculations show that
the safety dogs would stop the cage or skip carrying
Chairs for landing its maximum permitted load.
cages.
(12) The results of free fall tests shall be submitted to the Inspector.
Hoist drum/rope
ratios. (13) Chairs used for landing a cage shall be arranged to fall clear of
the shaft compartment when the cage is lifted off the chairs.
109. (1) The ratio of the diameter of a hoist drum to the rope diameter
shall be:-
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(a) equal or greater than 60 to 1 for a drum hoist where
the nominal rope diameter is 26 mm (1 in.) or less;
(b) 80 to 1 where the nominal rope diameter is greater
than 26 mm (1 in);
(c) 48 to 1 for a shaft sinking drum hoist where the
nominal rope diameter is less than 26 mm (1 in);
(d) 60 to 1 where the rope diameter is greater than 26
mm (1 in);
Hoist brakes.
(e) 80 to 1 for stranded ropes on a friction hoist; and
100 to 1 for locked coil ropes.
(2) A hoist shall not be used to transport persons in a shaft unless it
has two sets of mechanical brakes
(a) that are each capable of holding the drum when the
conveyance is carrying its maximum permitted load;
(b) that are so arranged that they can be independently
tested and be equipped with a device to indicate
tread wear or slack linkage and also prevent Arrangement of
movement of the hoist if predetermined wear limits hoist brakes.
are exceeded.
(3) A hoist’s mechanical braking system shall be so arranged that
the brake is applied by a control lever that is pulled, unless:-
(a) there is a common brake and power lever, where
brake weights are installed;
(b) they can be readily tested to ensure freedom of Braking standards.
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movement, and at least one set of brakes is applied
automatically if there is a loss of power.
(4) The brakes of a drum hoist shall be designed and arranged to
Foot brakes decelerate the drum at between 1.5 and 3.7 meters (5 and 12 feet) per second
prohibited. when braking is initiated by an interrupted circuit and the hoist is operating in
Fall-safe electrical the normal full speed range.
supply to hoists.
(5) No hoist shall be equipped with a foot-operated brake.
(6) All electric hoists shall be equipped with a fail-safe, protective
Electrical safety electrical circuit operating at a nominal potential not exceeding 250 volts which,
circuit interruption. when interrupted, will cut off the power supply to the hoist and actuate the
mechanical brake.
(7) The safety circuit of an electric hoist shall be interrupted
whenever:-
(a) there is a failure of the power supply or a significant
drop in voltage that would affect the hoist
operation;
(b) there is an abnormal overload on the hoist motor;
(c) there is a short circuit in the hoist electrical system;
Emergency stop or
switch.
(d) a prescribed safety device has operated.
(8) An emergency stop switch, arranged to interrupt the safety
Track limit switch. circuit of an electric hoist, shall be located within easy reach of an operator
controlling the hoist, and the switch shall be easily identified and operated by
hand.
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(9) A track limit switch shall be installed in each shaft hoisting Overwind
compartment, above the normal upper limit of travel, and so arranged and protection.
positioned that in the event of an overwind contact with the conveyance it shall
interrupt the hoist safety circuit and bring the conveyance to a safe stop.
(10) Every electric hoist shall be equipped with a device to protect
the shaft conveyance against overwinding, approaching a limit of travel at an
excessive speed and travelling at speeds in excess of the normal operating speed.
This device shall:-
(a) interrupt the hoist safety circuit when activated;
(b) be driven directly by the hoist drum;
(c) be protected against loss of motion;
(d) prevent the paying out of excess rope during sinking
operations; and
(e) be set to bring the hoist to a safe stop before the Abnormal slip
conveyance or rope attachments can reach any protection -
friction hoist.
permanent obstruction in the shaft or headframe.
(11) A friction hoist shall have devices installed which are set to
interrupt the hoist safety circuit if:-
(a) abnormal slip occurs between the hoist drum and
the ropes;
(b) abnormal wear occurs on the rope treads or the
permissible limit of tread wear has been reached;
(c) an abnormal swinging or rising occurs in the loop
of a balance rope at the bottom of the shaft.
Synchronizing
device.
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(There shall also be a device installed in the shaft that detects
a conveyance approaching the shaft collar at an
excessive speed.)
(12) A device shall be installed on a friction hoist to synchronize
Ammeter on hoist. the position of the shaft conveyance with the safety devices driven from the
hoist drum.
Audible warning (13) Every electric hoist shall have the following:-
device.
(a) an ammeter within plain view of the hoist operator
to indicate the hoist motor current;
(b) except where automatic retardation controls are
Speed indicator. installed at the limits of travel, a device to audibly
warn the hoist operator when the shaft conveyance
is at a point in the shaft where manual breaking
Voltage meter. must be commenced;
(c) a speed indicator if the normal rope speed exceeds
Backout device. 2.5 meters (25 feet) per second;
(d) a device which gives a voltage reading proportional
to the speed of the hoist;
(e) a backout device to enable a shaft conveyance to
be removed from an overwound or underwound
position and the device shall only be capable of
Underwind bypass manual operation and designed to prevent the
device. brakes from being released until sufficient torque
has been developed to ensure movement in the
right direction;
Overwind (f) underwind and overwind bypass devices arranged
protection.
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so that they are only capable of manual operation
and will only allow the hoist to be operated at a
slow speed;
Master controller.
(g) overwind devices arranged so that they will only
allow travel beyond the first device providing
overwind protection; Brake lever
arrangements.
(h) a master controller that has a neutral or brake reset
position;
(i) brake operating levers arranged so that, after any
interruption of the hoist safety circuit, power cannot
be restored to the hoist unless the brake levers are Depth and other
in the brake-applied position; and indicators.
(j) accurate and sensitive safety controllers.
(14) A hoist shall be provided with depth indicators that continuously,
accurately and clearly show the hoist operator:-
(a) the position of a shaft conveyance;
(b) a change in gradient in an inclined shaft;
(c) the overwind, underwind and track limit switches;
(d) any collar doors, dump doors or crosshead landing Maximum layers
chairs; and of rope on drum.
(e) the limits of normal travel for the shaft conveyance.
(15) No drum hoist shall have:-
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(a) more than 3 layers of rope where the drum has
helical or spiral grooving or does not have
grooving;
Fleet angle for (b) more than 4 layers of rope if the drum has parallel
sheave/hoist. and half pitch grooving; and
(c) no less than 3 turns of rope on the drum when the
conveyance is at its lowest possible point in the
Interlocking clutch shaft.
and brake.
(16) A drum hoist and sheave shall be arranged so that the rope
coils properly across the face of the drum and winds smoothly from one layer
Shaft conveyance to another without cutting into the rope layer beneath.
signals.
(17) A clutch of a drum hoist shall be interlocked with the brake so
that the clutch can be disengaged only when the brake is fully applied and so
Signalling system that the clutch is full before the drum can be released.
power.
110. (1) A signalling system acceptable to the inspector shall be installed
to permit the person in charge of the shaft conveyance (cage tender) and the
Signalling system hoist operator to exchange control signals.
standards.
(2) The signalling system shall be supplied with power at a potential
not exceeding 150 volts from a transformer that does not supply any other
equipment.
Only tenders to
give signals. (3) The signal system shall enable clear, audible signals to be given
that are separate and distinct for each compartment so arranged that the hoist
Hoist only moved operator can return a signal to the conveyance tender and be installed at every
on signals. working level, landing deck and any other necessary locations.
(4) Only the conveyance tenders shall give any signal other than a
danger signal.
Voice communication
system required.
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(5) A hoist shall not be moved unless the signal given by the
conveyance tender has been returned by the hoistman and at least 4 seconds
have elapsed. If more than 30 seconds have elapsed, a complete new set of Persons and ore
signals shall be given and acknowledged. not to be
transported
simultaneously.
(6) A system shall be installed and maintained for voice
communication between the landing stations, the shaft collar, and the hoistroom. Qualified
conveyance
tender.
111. (1) No person shall be transported in a shaft conveyance that is
simultaneously being used to transport ore, rock or other material, or when the
cage doors are open.
Persons and
(2) There shall be a qualified person in charge of the conveyance explosives not
hoisted together.
who shall maintain discipline when persons are being transported, and who
shall enforce the specified load limits and notify the hoist operator if a heavy or Load restrictions
irregularly-shaped load is being handled. posted.
(3) No person shall be transported in a shaft conveyance that is
carrying explosives, supplies or rolling stock. Securing
projecting
materials.
(4) A notice clearly showing the load restrictions for the shaft
conveyance shall be posted at the shaft collar as well as at all entrances to the
shaft. Protection for
shaft workers.
(5) When any material that is being transported projects above the
top of the conveyance, the projecting portion shall be securely fastened to the
shaft conveyance and not to the hoist rope. Skip door
controls.
(6) No person shall work in a shaft or in that part of a headframe
used by the conveyance, unless that person is adequately protected from Automatic
accidental contact with a moving conveyance or falling rock. hoisting.
(7) The skip loading box shall not be equipped with doors, gates
or chains which are closed by positive compressed air pressure. Hoistman to
check brakes.
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(8) Where a hoist is being operated automatically and no other
means are available for removing persons from the mine quickly, a qualified
hoist operator shall be available to operate the hoist, if required.
Hoistman to make
test trip. (9) After going on shift and before raising or lowering a shaft
conveyance, the hoist operator shall ensure that each drum brake is capable
of holding its maximum permitted load by testing it against the normal, full load
starting torque of the hoist.
No talking to hoist
operator at the (10) A hoist operator shall make a return trip of the shaft
controls.
conveyance through the working part of the shaft after any stoppage of hoisting
for more than two hours, and below any part of a shaft that has been under
repair.
Leaving a stalled (11) A hoist operator shall remain at the controls at all times that
shaft conveyance. the hoist is in motion under manual control; shall not talk to anyone while the
hoist is in motion; and whenever the operator leaves the controls, he shall set
the brakes and the controls so that two separate and distinct actions are required
Hoisting to put the hoist in motion.
procedures.
(12) No person shall leave a shaft conveyance that has inadvertently
stopped at a point in the shaft other than a landing, except upon the instruction
of a qualified person outside the conveyance.
(13) The manager shall prepare written procedures, acceptable to
Hoisting signals the Inspector, for the safe operation of the hoist, and shall ensure that the hoist
required. operator is instructed in the procedures, which shall include operating the hoist
when there is an intermediate obstruction; emergency procedures; commencing
operation after an inadvertent stoppage of the hoist; and the operation of any
Hoist operator’s man safety devices.
entries into logbook.
(14) The hoist operator shall not move a shaft conveyance without
receiving a proper signal unless the conveyance has been inadvertently stopped
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at a point in the shaft other than a station from which signals can be given.
112. (1) The hoist operator shall at each shift, enter in the logbook the
working condition of the hoist brakes, clutches, clutch-brake interlocks, depth Test results in
indicators, hoist controls, signalling systems, overwind and underwind devices, logbook.
any other safety devices; any instructions received and any unusual circumstances
that occurred with the normal operation of the hoist; any inadvertent stoppages; Daily hoist rope
and the results of any test trips made. examination.
(2) All of the test results, and other pertinent data on a hoist rope
shall be entered in the logbook.
Shaft inspection.
(3) .At least once in each day, an inspection shall be carried out of
the exterior of each hoisting rope to detect the presence of kinks or other visible
defects and to note the condition of the rope dressing, and also the cage safety
catches for any visible damage or defects.
(4) At least once each week, an inspection shall be carried out of
all shaft conveyance safety mechanisms for proper adjustment; freedom of
movement or damage; all head, deflection and idler sheaves; shafts and their Friction hoist
bearer and sole plates; all rope attachments, shaft conveyance attachments and inspection.
suspension gear; all parts of the hoist that could affect its normal operation
including the brakes, clutches, interlocks, depth indicators and safety devices;
and any auxiliary brake operating weights. Inspection of
drum
attachments.
(5) At least once each month, an inspection shall be carried out of
the shaft ropes to determine the amount of wear; distortion and corrosion; the
need for lubrication; and the friction treads on a friction hoist.
Annual
(6) At least once every six (6) months, an inspection shall be carried conveyance
out on the hoisting rope on a drum hoist within the attachments at the drum, and inspection.
at the drum spout, and the hoisting rope of a friction hoist within the attachments
at the counterweight and shaft conveyance.
Cutting and testing
friction hoist ropes.
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(7) At least once every twelve (12) months, an inspection shall be
carried out of the foundation bolts, bolt locking devices and all other bolts and
fastenings critical to hoist safety, as well as inspecting the bails, the suspension
gear, and structural components of each shaft conveyance.
Shaft inspection. (8) After every eighteen (18) months of service on a friction hoist,
the portion of the hoisting rope or tail rope that is within a wedge and socket
attachment shall be cut off unless a qualified person has visually examined that
portion of the rope and has not found any broken wires, significant corrosion,
or pitting or any deformation of the wires.
Recording (9) A qualified person shall carry out an examination at least once
inspections. each week of each mine shaft; at least once each month of the shaft guides,
timbers, walls and hoisting compartments; at least once each year of the
headframe, headframe foundation and back legs, sheave decks, dumps, bins,
and bin supports.
Workplace (10) The results of each inspection or examination of the hoisting
contaminants. system shall be recorded in the logbook kept for that purpose.
Maximum exposure
concentrations.
PART XIII
INDUSTRIAL HYGIENE
Exposure limits for 113. (1) No person shall be exposed to airborne concentrations of
extended hours of chemical or physical agents in excess of the concentrations specified in the
work.
Threshold Limit Values and Biological Exposure Indices published by the
American Conference of Governmental Industrial Hygienists and as amended
Monitoring periodically.
workplace
contaminants.
(2) When shifts longer than 8 hours are being worked, the time
weighted average (TWA) concentration of airborne contaminants shall be
Minimum oxygen reduced to 50% of the TWA for an eight (8) hour shift.
content.
(3) The manager shall establish a written program, acceptable to
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the Inspector, for a qualified person to monitor workplace contaminants to Storage of
ensure compliance with the established exposure maximums. hazardous
materials.
(4) No person shall work or remain in a mine when the oxygen
content is less than 18% oxygen unless they are provided with an alternate air
supply.
114. The manager shall develop and implement an effective housekeeping Hazardous
program to ensure that all workplaces and travelways are maintained in a safe materials and
waste. Spray
condition; that materials and equipment are stored in a safe manner so as not to asbestos.
endanger persons; and that appropriate action is taken whenever necessary to
maintain a hazard-free environment.
Ventilation and
115. (1) The manager shall ensure that spraying of asbestos, or material notices for
hazardous
containing more than 1% asbestos is prohibited, and that protective clothing
materials.
and equipment made of material containing asbestos is used in such a manner
as to prevent the release of asbestos fibers.
(2) The manager shall ensure that all dangerous or potentially
hazardous materials are stored in designated storage areas acceptable to the
Inspector and such materials shall be clearly identified by signs, placards, or Hazardous
similar devices, and shall be well-ventilated to prevent any accumulation of materials
containers.
dangerous fumes. The hazardous materials shall be arranged so that incompatible
materials which could produce a harmful reaction if combined, are adequately
separated.
(3) All dangerous or potentially hazardous materials shall be stored Flammable waste
in containers that are designed, constructed and maintained in such a manner as storage.
to ensure proper containment of their contents under the environmental conditions
in which they are stored, and shall be kept sealed or covered when not in use,
and arranged so that they cannot be dislodged, fall, or suffer other damage.
(4) Waste materials which could be detrimental to a person’s health,
or which could cause a fire or explosion, while awaiting disposal, shall be stored
in impervious containers, and labelled to clearly identify the contents and the
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Cleaning up spills. nature of the hazard.
(5) Where the contents are flammable or capable of producing
vapours or gases, the containers shall be covered and located in well-ventilated
areas.
Protection from
infrared and (6) Spills or release of hazardous waste materials shall be cleaned
ultraviolet radiation. up as soon as possible by persons trained to safely handle the waste material.
Such persons shall wear any necessary protective clothing and equipment to
safeguard their health and safety.
Precautions when (7) The manager shall ensure that equipment that emits harmful
painting. levels of infrared or ultraviolet radiation is shielded to protect employees from
exposure to such radiation and the manager shall supply personal protective
equipment to any person who could become exposed to harmful radiation
levels.
(8) Where paints, protective coatings, adhesives or insulating
Eyewash and water materials containing isocyanate compounds or other compounds that have
baths to be similar sensitizing effects are being applied, persons shall be protected from
provided. airborne contaminants by performing the work in an isolated enclosure having
sufficient exhaust ventilation and that persons exposed are supplied with and
use, an air-supplied respirator.
Contaminated 116. (1) Where persons may be exposed to corrosive or other
clothing. chemicals harmful to the eyes or skin, the manager shall ensure that body
areas are protected from such chemicals and that eyewash equipment,
emergency water baths or showers, or other suitable means are immediately
available to effectively cleanse the affected body areas.
(2) Where the nature of the work causes a person’s clothing or
Personal hygiene skin to be contaminated with substances which could cause injury to, or
when handling endanger the health of the person or contaminate other areas on or off the
contaminants.
minesite, the manager shall provide shower or wash facilities to enable workers
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to effectively remove all contaminants and provide separate storage areas for
street and work clothing.
(3) A person exposed to contaminants shall:-
(a) cleanse the affected skin areas as soon as
practicable;
(b) not consume or handle food or tobacco products Maximum noise
until the hands and face are free of contamination; levels.
and
(c) ensure that contaminated clothing is not worn home.
117. Any machinery or equipment which, when operating, exposes the Emergency
operator or persons in the vicinity to noise levels in excess of 85 decibels shall lighting.
either be fitted with a properly maintained muffler or other noise reducing device,
or persons exposed to the noise shall be supplied with adequate hearing
protection.
118. (1) The manager shall ensure that there is a separate independent
emergency source of illumination at all places where a hazard could be caused Testing
by the failure of the normal lighting system. The emergency system shall turn on emergency
automatically when the normal lighting system fails, and shall provide adequate lighting.
illumination to allow employees to initiate emergency shutdown procedures and Cap lamp
leave their work areas safely. standards.
(2) The emergency lighting system shall be tested at least once each
month to ensure that it will function when required.
Drinking water
(3) The manager shall provide every person entering an provided.
underground mine with an approved cap lamp capable of providing illuminance
of at least 1500 lux at 1.2 meters (4 feet) from the light source, throughout the
working shift.
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Lunchroom
provided and 119. (1) The manager shall provide a source of cool, potable drinking
standards.
water which complies with drinking water standards, in locations that are
reasonably accessible to workers. The locations shall be clean and in a sanitary
condition and shall be designed to permit the water to be dispensed and drunk
in a sanitary manner.
(2) Where seven (7) or more persons congregate to eat food, a
lunchroom shall be provided which:-
(a) is lighted and ventilated
(b) is near facilities for workers to wash with running
hot and cold water and dry their hands;
Lunchroom (c) shall contain fire retardant receptacles with lids for
location. the disposal of waste food and paper; and
Shower facilities. (d) have seating facilities and tables with impervious
tops that are maintained in a sanitary condition.
(3) Lunchrooms shall be located in an area away from process
chemicals and contaminants.
Changehouse
location and (4) The manager shall provide separate facilities for male and
standard.
female workers to wash, shower and to change and dry their work clothing at
a surface mine where they are subject to dusty, dirty or wet conditions, and at
all underground mines.
Toilet facilities.
(5) A mine changehouse shall not be located in a headframe, boiler
room, engine room, bunk house or dining room, and the changehouse shall be
adequately lighted, ventilated, heated, kept clean and sanitary and have at
Toilet location and least one shower for every seven (7) persons leaving work at the same time.
conveniences.
(6) The manager shall provide separate toilet facilities for male
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Mines and Minerals [CAP. 226 149
and female workers which shall have separate entrances and signs clearly Underground
indicating for which gender they have been provided. toilets.
(7) The toilet facilities shall be conveniently located and equipped
with sufficient toilets and sinks that are maintained in a sanitary condition for Faeces
the number of workers in the work area. underground
(8) Toilets in an underground mine shall be conveniently located in prohibited.
well-ventilated areas, supplied with toilet paper and be maintained in a hygienic Labelling
condition. hazardous
substances.
(9) No person shall deposit faeces in any place in an underground
mine other than in a toilet.
120. The manager shall ensure that no hazardous material is used, stored, or
handled at a mine unless the relevant containers are properly labelled, that
material safety data sheets are available on site and that workers who must
handle or use the products are informed of hazards and the appropriate first aid Offence and
treatment. penalty.
PART XIV
OFFENCES AND PENALTIES
Savings in
121. Every person who contravenes or fails to comply with any of the respect of other
offences.
provisions of these Regulations, commits an offence and shall be liable on
summary conviction to a fine of five hundred dollars or to imprisonment for a
term not exceeding six months or to both such fine and imprisonment.
122. Where an act or omission which constitutes an offence under these
Regulations is also an offence under any other law, nothing in these Regulations
shall affect the operation of such other law and the accused person may be
charged and tried under such other law, notwithstanding the provisions of these
Regulations.
MADE by the Minister of Natural Resources this 5th day of April,
1994.
(EDUARDO JUAN)
Minister of Natural Resources
Minister Responsible for Mines and Minerals
____________
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150 CAP. 226] Mines and Minerals
CHAPTER 226
MINES AND MINERALS (FEES) (REDUCTION)
(SMALL-SCALE OPERATORS) ORDER
ARRANGEMENT OF PARAGRAPHS
1. Short title.
2. Reduction of fees to be paid by small-scale operators.
3. Resolution of disputes.
___________
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Mines and Minerals [CAP. 226 151
Ch. 183.
132 of 1996.
CHAPTER 226
MINES AND MINERALS (FEES) (REDUCTION)
(SMALL-SCALE OPERATORS) ORDER
(Section 119)
[5th October, 1996]
WHEREAS, since the enactment of the Mines and Minerals Act,
Chapter 183, it has been noted that there exists a class of operators who extract
minerals such as sea and river sand by methods which involve the use of simple
hand-operated tools under adverse conditions;
AND WHEREAS, the operators at the mouth of the Sibun River extract
sea-sand from the swatches in waist-high waters, and such extraction is tied to
lighters-sailboats which are highly dependant on the prevailing weather conditions;
AND WHEREAS, in the case of slate (argillite) carvers, while their
conditions of work are not as severe as those of the sea-sand extractors at the
mouth of the Sibun River, they nevertheless use small quantities of slate and
work mainly by hand-operated tools;
AND WHEREAS, the above operators, and others operating in similar
circumstances, may appropriately be classified as small-scale, hand-driven,
commercial enterprises, necessitating the favourable consideration of fifty per Short title.
centum (50%) reduction in the fees currently being levied against them, so as to
enable them to legally operate within the scope of the Mines and Minerals Act;
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Reduction of fees NOW THEREFORE, it is hereby Ordered as follows:-
to be paid by small-
scale operators.
1. This Order may be cited as the
CAP. 226.
Second Schedule. MINES AND MINERALS (FEES) (REDUCTION)
(SMALL-SCALE OPERATORS) ORDER.
2. The artesanal operators engaged in the extraction of minerals under a
Resolution of quarry permit issued under the Mines and Minerals Act, and using in their
disputes. operations hand-operated tools and other predominantly low technology tools,
are hereby ordered to be subject to a fifty per centum (50%) reduction in the
Permit and Registration Fees set forth in the Second Schedule to the Mines
and Minerals (General) Regulations.
3. If there is a dispute as to whether a particular method of
extracting minerals falls within the scope of this Order, thereby entitling the
operator to benefit from the reduction of fees as set out in Order 2 above,
such dispute shall be referred to the Inspector of Mines, whose decision thereon
shall be final.
MADE by the Minister of Energy, Science, Technology and
Transportation this 25th day of September, 1996.
(JOSEPH CAYETANO)
Minister of Energy, Science,
Technology and Transportation
____________
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