| (a) | five members representing employers in the mining industry; |
| (b) | five members representing employees in the mining industry; |
| (c) | four members representing departments of the State; and |
[Section 42(2) substituted by section 10(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (2A) | The Council may appoint members to committees, ad hoc, subcommittees and other committees, for any period of time and on any conditions. |
[Section 42(2A) substituted by section 10(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (2B) | The structure and functions of any committee contemplated in subsection (2A) must be provided for in the constitution contemplated in section 97(3). |
[Section 42(2B) inserted by section 10(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (3) | The Council and its committees must govern themselves in accordance with the constitution contemplated in section 97(3). |
[Section 97(3) empowers the Minister, after consulting the Council and by notice in the Gazette, to add a Schedule containing the constitution of the Council and its committees.]
| (4) | The Council may delegate any of its powers and assign any of its duties by or under this Act in accordance with the constitution contemplated in section 97(3). |
| (5) | A delegation or an assignment under subsection (4)— |
| (b) | may be subject to such conditions and restrictions as the Council may determine; and |
| (c) | does not prevent the exercise of that power or the performance of that duty by the Council. |
| (6) | Members of the Council, or of a committee of the Council, are each entitled to have their views reflected in any report of the Council or committee, as the case may be. |
| (7) | Each year, the Minister, with the agreement of the Minister of Finance, must provide sufficient funds for the administration of the Council, and committees of the Council, from public funds. |
