| (1) | Any person, including an employer, who contravenes, or fails to comply with, any— |
| (c) | condition, suspension, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given, issued, prescribed or granted by or under this Act by the Minister, Chief Inspector of Mines, inspector, any person authorised under section 49(4) or any person to whom any power has been delegated or the performance of any duty has been assigned under section 96, |
commits an offence and is liable to a fine or imprisonment as may be prescribed.
[Section 91(1) substituted by section 27(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (1A) | [Section 91(1A) deleted by section 27(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)] |
| (1B) | Any employer is liable to a fine in terms of section 55B if the employer contravenes, or fails to comply with, any— |
[Words preceding section 91(1B)(a) substituted by section 27(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (a) | provision of this Act; |
[Section 91(1B)(a) substituted by section 27(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (c) | condition, suspension, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given, issued, promulgated or granted by or under this Act by the Minister, Chief Inspector of Mines, inspector, any person authorised under section 49(4) or any person to whom any power has been delegated or the performance of any duty has been assigned under section 96. |
| (1C) | Despite subsection (1B), any employer who contravenes or fails to comply with any standard in a code of practice prepared in terms of section 9(2) is not liable to a fine in terms of section 55B if— |
[Words preceding section 91(1C)(a) substituted by section 27(e) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (a) | the standard exceeds any compulsory standard in any relevant guideline issued by the Chief Inspector of Mines; and |
| (b) | the conduct constituting the contravention or failure complies with the compulsory standard in any relevant guideline issued by the Chief Inspector of Mines. |
| (2) | [Section 91(2) deleted by section 27(f) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act, No. 74 of 2008)]. |
| (3) | A person appointed under section 4(1) to perform any function entrusted to an employer by this Act commits an offence if that person fails to exercise reasonable care in performing that function. |
| (4) | Any chief executive officer or member of the board contemplated in section 2A who performs a function in terms of section 2A(1) or (3) commits an offence if that person fails to take reasonable steps in performing that function. |
