| (1) | The chief inspector of occupational health and safety may establish a National Explosives Council consisting of – |
| (a) | a person who shall be the chairperson; |
| (b) | two persons from the Department of Labour; |
| (c) | one person to represent the Department of Minerals and Energy; |
| (d) | two persons to represent employers; |
| (e) | one person to represent the South African Police Service; |
| (f) | two persons to represent the mining houses; |
| (g) | two persons to represent the mining unions: |
| (h) | one person to represent the South African National Defence Force and |
| (i) | two persons to represent employees : |
Provided that the chief inspector of occupational health and safety may authorise the National Explosives Council to co-opt persons who are knowledgeable about the matters to be dealt with by the council.
| (2) | The chief inspector of occupational health and safety shall appoint the members of the National Explosives Council for the period that he or she may determine at the time of appointment: Provided that the chief inspector of occupational health and safety may discharge a member at any time, for reasons that are fair and just, and appoint a new member in his or her place. |
| (3) | The National Explosives Council shall– |
| (a) | advise the chief inspector of occupational health and safety on explosives codes, standards and training requirements |
| (b) | designate persons to examine explosives managers and workers: Provided that any accredited or approved training shall be in accordance with South African Qualifications Authority standards; |
| (c) | make recommendations and submit reports to the chief inspector of occupational health and safety regarding any matter to which these regulations relate; |
| (d) | advise the chief inspector of occupational health and safety regarding any matter referred to the National Explosives Council by the chief inspector of occupational health and safety |
| (e) | perform any other function that may be requested by the chief inspector of occupational health and safety; |
| (f) | refer appeals against decisions of the National Explosives CounciI to the chief inspector of occupational health and safety; and |
| (g) | conduct its work in accordance with the instructions and rules of conduct framed by the chief inspector of occupational health and safety. |
| (4) | A person affected by any decision of the National Explosives Council may appeal against such decision to the chief inspector of occupational health and safety. |
