| (1) | As soon as possible after the commencement of this Act, the risk committee shall, in respect of every mine or works which is in terms of section 9 a controlled mine or a controlled works, determine the risk of that mine or works: Provided that the pneumoconiosis risk which immediately before such commencement applied in respect of such a controlled mine under the previous Act, shall, for the purposes of this Act, be deemed to be the risk of that mine until the risk has been determined under this subsection. |
| (2) | As soon as possible after the date on which a mine or works becomes a controlled mine or a controlled works in terms of section 10, but not later than sixty days after that date, the risk committee shall determine the risk of that mine or works. |
| (3) | The risk committee shall determine the risk of any mine or works in accordance with the basis fixed by the Minister under subsection (5), or, if the Minister has not fixed any such basis, in such manner as the risk committee deems fit, and, in determining such risk, the risk committee shall consider such representations (if any) as may have been made to it by the owner of the mine or works in question or by any organization acting on behalf of persons performing risk work at that mine or works, and may— |
| (a) | determine different risks in respect of separate mines or works or parts of mines or works or working places in or at mines or works or categories or kinds or groups of mines or works, or different categories or classes or groups of workers, or different occupations in or at or in connection with mines or works; |
| (b) | take into consideration any factor which, in the opinion of the risk committee, may or is likely to affect the risk in any particular case or generally; and |
| (c) | consult any person who in its opinion has special knowledge of any matter before the risk committee for consideration or on which the risk committee is required to make a decision. |
| (4) | The risk committee shall express any risk which it determines in accordance with a scale or in a manner prescribed. |
[Section 20(4) substituted by section 7 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (a) | The Minister may, if he or she deems it expedient, determine the basis in accordance with which the risk of mines or works shall be determined by the risk committee. |
| (b) | In determining such basis, the Minister shall consider such representations (if any) as may have been made to him or her by owners of controlled mines or controlled works or by any organization acting on behalf of such owners or on behalf of persons who perform risk work at controlled mines or controlled works. |
| (c) | Any determination made by the Minister under paragraph (a) shall be published for general information in the Gazette. |
