Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter II : Control in respect of mines and works, and determination of risk10. Declaration as controlled mine or controlled works |
| (1) | Whenever it comes to the notice of the Minister that any persons are performing risk work at a mine or works which is not a controlled mine or a controlled works in terms of section 9 or a notice under this subsection, he or she shall, subject to the provisions of subsection (3) of this section, by notice in the Gazette declare the mine or works in question to be a controlled mine or a controlled works as from a date to be specified in the notice, not being a date earlier than thirty days after the day on which the notice is published in the Gazette. |
| (2) |
| (a) | A notice under subsection (1) shall contain the name and address of the owner of the mine or works in question and a true description of that mine or works in order that such mine or works may be readily identified. |
| (b) | A copy of such notice shall be served on the owner of the mine or works in question not less than thirty days before the date on which that mine or works will become a controlled mine or a controlled works. |
| (3) | A mine or works shall not under subsection (1) be declared to be a controlled mine or a controlled works so long as the Minister, after consultation with the Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, is satisfied that on account of the limited scale or the temporary nature of the operations at the mine or works in question or on account of the fact that the number of persons performing risk work thereat is less than thirty, the declaration of that mine or works as a controlled mine or a controlled works is not practicable or justified. |
| (4) | The commissioner shall maintain a register containing the name and a description of every controlled mine and every controlled works. |