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 risk17. Closure of controlled mine or works or alienation of assets by owner |
| (1) | An owner of a controlled mine or a controlled works who owes the commissioner any amount under a provision of this Act, shall not discontinue the operations at his mine or works or sell or alienate his rights in connection with that mine or works unless— |
| (a) | such owner has given not less than thirty days' notice in writing to the commissioner of his intention to do so; and |
| (b) | the commissioner has issued to such owner a certificate to the effect that all amounts which he or she is required to pay the commissioner under the provisions of this Act have been fully paid or, as the case may be, that he or she has made arrangements which have been accepted by the commissioner, for the payment of any amount due by him or her to the commissioner. |
| (2) | After the date on which the notice mentioned in subsection (1) was given to the commissioner, such owner shall not sell or alienate any asset which he or she has acquired or created for use in connection with the operation of his mine or works except with the approval in writing of the commissioner or until the commissioner has issued to such owner a certificate referred to in subsection (1) (b). |
| (3) | The Minister shall not under section 11 release a controlled mine or a controlled works from control, unless he or she is satisfied that the owner of the mine or works in question has fully paid all amounts which he or she is required to pay to the commissioner under the provisions of this Act, or that he or she has made arrangements, which have been accepted by the commissioner, for the payment of any amount which is due by him or her to the commissioner. |
| (4) | For the purposes of subsection (2), the Minister, acting on the advice of the Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, shall make a decision on any question as to whether an asset which is or was held by an owner of a controlled mine or a controlled works was acquired or created for use in connection with the operation of that mine or works. |
[Section 17(4) substituted by section 51 of the Abolition of Restrictions on the Jurisdiction of Courts Act, No. 88 of 1996]