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Legislation Crest

Mines Act (Northern Ireland) 1969

1969 CHAPTER 6

An Act to make fresh provision with respect to the management and control of mines and for securing the safety, health and welfare of persons employed thereat; to regulate the employment thereat of women and of young persons and certain other persons under the age of twenty-one years; to enable certain tips to be regulated and to require the fencing of abandoned and disused mines; to amend the Quarries Act (Northern Ireland) 1927; and for purposes connected with the matters aforesaid.

[24th June 1969]

PART IN.I.GENERAL DUTIES OF MINE OWNERS

F11General duties of mine owners.N.I.

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PART IIN.I.MANAGEMENT AND CONTROL

N.I.Managers and under-managers

F12Appointment, and general duties and powers, of mine managers.N.I.

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F13Rights of mine manager with respect to instructions given by or on behalf of owner.N.I.

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F14Qualifications of mine managers.N.I.

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F15Limitation on number of mines which a person may manage.N.I.

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F16Under-managers.N.I.

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F17Temporary appointments during vacancy in office of mine manager or under-manager.N.I.

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F18Daily supervision by mine managers and under-managers.N.I.

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F19Charge of mine when neither manager nor under-manager nor substitute is present.N.I.

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F110Duties of mine managers with respect to reading of reports, &c.N.I.

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N.I.Surveyors

F111Surveyors.N.I.

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N.I.Officials and technicians

F112Deputies.N.I.

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F113Other officials, engineers, technicians, &c.N.I.

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F114Duty of mine manager to ensure that persons appointed by him understand their duties.N.I.

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N.I.Provisions ancillary to foregoing sections

F115Notification to Ministry of appointments by mine owners.N.I.

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F116Disqualification of contractors and their employees for appointment as managers, &c., of mines.N.I.

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N.I.Plans

F117Keeping of plans.N.I.

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F118Furnishing of documents and information requisite for preparation of plans.N.I.

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F119Faulty plans.N.I.

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F120Transmission to Ministry, and preservation, of plans of abandoned or disused mines, seams and veins.N.I.

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S.21 rep. by SR 1980/333

PART IIIN.I.SAFETY, HEALTH AND WELFARE

N.I.Provisions for securing safe ingress and egress

Ss. 22-25 rep. by SR 1998/375

Ss. 26, 27 rep. by SR 1980/333

F228Provision of winding and haulage apparatus.N.I.

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S.29 rep. by SR 1980/333

N.I.Safety precautions in connection with shafts, &c., and entrances to disused workings

F330Securing of shafts and staple-pits.N.I.

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F431Safety precautions with respect to entrances to shafts, staple-pits and outlets.N.I.

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S.32 rep. by SR 1980/333

Ss. 33-35 rep. by SR 1998/375

F536Prohibition of use of vehicles and conveyors in roads not affording free movement.N.I.

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F637Transport rules.N.I.

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S.38 rep by SR 1980/333

F739Provisions for securing safety of foot-passengers in transport roads.N.I.

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F740Provision of refuge holes.N.I.

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F741Safety measures relating to use of vehicles.N.I.

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N.I.Provisions for securing safe operation of winding and rope haulage apparatus and conveyors

F742Charge of winding and rope haulage apparatus when persons are carried.N.I.

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F743Charge of winding and rope haulage apparatus when persons are not carried.N.I.

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F744Charge of conveyors at working faces.N.I.

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F745Signalling in shafts and outlets.N.I.

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F746Signalling in roads.N.I.

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S.47 rep. by SR 1980/333

N.I.Support

F848Duty to secure safety of roads and working places.N.I.

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F949Systematic support in coal, shale and fireclay mines.N.I.

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S.50 rep. by SR 1980/333

F1051Supply of materials for support.N.I.

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F1052Withdrawal of support.N.I.

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F1053Duties of deputies in relation to support.N.I.

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F1054Provisions as to support rules.N.I.

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N.I.Ventilation

F1055Duty to provide adequate ventilation.N.I.

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F1056Avoidance of danger from gas in waste.N.I.

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S.57 rep. by SR 1980/333

F1158Provisions as to means of ventilation.N.I.

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F1159Prevention of leakage of air between airways.N.I.

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F1160Provision of barometers and other measuring instruments.N.I.

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N.I.Lighting, lamps and contraband

F1161Lighting.N.I.

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F1162Permitted lights.N.I.

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S.63 rep. by SR 1980/333

F1264Prohibition of taking into mines safety-lamps not provided by owner or of approved type.N.I.

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F1265Offences relating to safety-lamps.N.I.

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F1266Prohibition of possession of smoking materials in certain mines and parts of mines.N.I.

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F1267Prohibition of taking into certain mines and parts of mines of articles producing flames or sparks.N.I.

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S.68 rep. by SR 1980/333

N.I.Blasting materials and devices

F1369Blasting materials and devices.N.I.

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N.I.Fire precautions and provisions as to rescue

S. 70 rep. by SR 1998/375

Ss.71,72 rep. by SR 1980/333

F1473Means of escape from rooms in which there is special risk of fire, &c.N.I.

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N.I.Dust precautions

F1474Dust precuations.N.I.

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N.I.Precautions against external dangers to workings

F1475Duty of mine owners and managers to seek evidence of proximity of disused workings, water-bearing strata, &c.N.I.

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F1476Duty of mine owners and managers to ascertain thickness of strata between workings and surface water.N.I.

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F1477General duty to take precautions against inrushes of gas, water, &c.N.I.

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S.78 rep. by SR 1980/333

N.I.Duties of officials and workmen in cases of danger

F1579Withdrawal of workmen in cases of danger.N.I.

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F1680Duty of workmen to deal with, or report, danger.N.I.

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N.I.Machinery and apparatus

S. 81(1) rep. by SR 1993/19; subs. (2) rep. by SR 1980/333

S. 82 rep. by SR 1993/19

F1783Restrictions on use below ground of certain engines, &c.N.I.

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F1884Air, gas and steam containers.N.I.

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S. 85 rep. by SR 1999/304

N.I.Buildings, structures, means of access, &c.

F1986Buildings and structures to be kept safe.N.I.

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F1987Safe means of access and safe means of employment.N.I.

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N.I.Training and discipline

F1988Restriction on doing of work by unskilled persons.N.I.

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F1989Penalization of failure to observe safety directions, &c.N.I.

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F1990Penalization of negligent acts or omissions and unauthorised removal, &c., of articles.N.I.

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N.I.First-aid

F1991First-aid.N.I.

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N.I.Medical examinations and prohibition of heavy work

S.92 rep. by SR 1980/333

S. 93 rep. by SR 1992/535

N.I.General welfare provisions

F2094Sanitary conveniencesN.I.

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F2195Measures against vermin and insects.N.I.

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S.96 rep. by SR 1980/333

F2297Supply of drinking water.N.I.

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Notification and Investigation of Accidents and DiseasesN.I.

Ss. 98,99 rep. by SR 1981/339

Ss. 100,101 rep. by SR 1980/333

S. 102 rep. by SR 1981/339

Ss. 103,104 rep. by SR 1980/333

PART VN.I.WORKMEN'S INSPECTIONS

F23105Inspections of mines on behalf of workmen employed thereat.N.I.

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S. 106(1),(2) rep. by 1990 NI 2; subs. (3) rep. by SR 1980/333

S. 107 rep. by SR 1980/333

S. 108-111 rep. by 1990 NI 2

PART VIIN.I.RECORDS, RETURNS AND INFORMATION

F24112Form of official books and preservation and inspection of entries therein.N.I.

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F24113Records of certain appointments.N.I.

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F24114Provision of copies of this Act and other instruments.N.I.

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F24115Posting of notices.N.I.

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F24116Furnishing to workers of information with respect to this Act and orders and regulations thereunder.N.I.

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S.117 rep. by SR 1980/333

F25118Notification of beginning and ending of certain mining operations.N.I.

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F26119Notification of change of ownership or name of mine.N.I.

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PART VIIIN.I.REGULATIONS

120Regulations.N.I.

Subs.(1)‐(4) rep. by SR 1980/333

F27(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S.121 rep. by SR 1980/333

F28122Variation, revocation, &c., of regulations.N.I.

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Part IX (ss.123‐125) rep. by 1974 NI 6; SR 1980/333

PART XN.I.GRANT, CANCELLATION AND SUSPENSION OF CERTIFICATES

F29126Grant of certificates.N.I.

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F29127Cancellation or suspension of certificates.N.I.

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PART XIN.I.REGULATION OF TIPS AND FENCING OF ABANDONED AND DISUSED MINES

F29128Regulation of tips.N.I.

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129Fencing of abandoned and disused mines.N.I.

(1)It shall be the duty of the owner of every abandoned mine and of every mine which, notwithstanding that it has not been abandoned, has not been worked for a period of twelve months to secure that the surface entrance to every shaft or outlet thereof is provided with an efficient enclosure, barrier, plug or other device so designed and constructed as to prevent any person from accidentally falling down the shaft or from accidentally entering the outlet and that every device so provided is properly maintained; but this subsection shall not apply to mines which have not been worked for the purpose of getting minerals or products thereof since 9th August, 1872, being mines other than of coal, stratified ironstone, shale or fireclay.

(2)For the purposes of [F30Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011] , each of the following shall be deemed to be a [F31statutory nuisance] liable to be dealt with summarily in manner provided by [F32that Part], that is to say:—

(a)a shaft or outlet of an abandoned mine (other than a mine excepted from the application of subsection (1)) or of a mine (other than as aforesaid) which, notwithstanding that it has not been abandoned, has not been worked for a period of twelve months, being a shaft or outlet the surface entrance to which is not provided with a properly maintained device such as is mentioned in that subsection;

(b)a shaft or outlet of a mine excepted from the application of subsection (1), being a shaft or outlet with respect to which the following conditions are satisfied, namely,—

(i)that its surface entrance is not provided with a properly maintained device such as is mentioned in that subsection; and

(ii)that, by reason of its accessibility from a highway or a place of public resort, it constitutes a danger to members of the public.

(3)Any expenses incurred, by reason of the operation of [F33Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011] , by a person other than the owner (as defined for the purposes of this Act) of a mine for the purpose of abating, or preventing the recurrence of, a nuisance under subsection (2) or in reimbursing a sanitary authorityF34 in respect of the abatement, or prevention of the recurrence, of such a nuisance shall, subject to any agreement to the contrary, be recoverable by that person from the owner (as so defined) of the mine.

F341878 c.52 by SRO (NI) 1973/285

PART XIIN.I.OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

130Offences.N.I.

(1)In the event of a contravention, in relation to a mine, of—

(a)a provision of this Act, of an order made thereunder or of regulations, not being a provision which expressly provides that a person is to be guilty of an offence; or

(b)a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by[F35 the Executive] or an inspector; or

(c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by[F35 the Executive];

F36[(d)a requirement or prohibition imposed by or under health and safety regulations which expressly apply to all mines, any class of mine to which the mine belongs or the mine;]

each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the mine, any person to whom written instructions have been given by the owner in pursuance of section 1 specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the mine of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, the manager of the mine, any person who is for the time being treated for the purposes of this Act as the manager, every under-manager of the mine and any person who is for the time being treated for the purposes of this Act as an under-manager thereof.

(2)In the event of a contravention, in relation to a mine, by a person other than one mentioned in subsection (1), of such a provision as is mentioned in paragraph ( a) of that subsection, [F37 or such a requirement or prohibition as is mentioned in paragraph ( d) of that subsection, whereby there is expressly imposed on that person or on persons of a class to which he belongs a duty or requirement or he or persons of a class to which he belongs or all persons are expressly prohibited] from doing a specified act, the person who contravened that provision, as well as the persons mentioned in subsection (1), shall be guilty of an offence.

(3)Neither the manager of a mine as such nor a person who is for the time being treated for the purposes of this Act as the manager of a mine, nor an under-manager of a mine, nor a person who is for the time being treated for the purposes of this Act as such an under-manager shall, by virtue of subsection (1), be guilty of an offence by reason of a contravention by the owner of the mine of—

(a)any provision of this Act, of an order made thereunder or of regulations, being a provision which expressly imposes on the owner of the mine a duty or requirement or a prohibition; or

(b)any prohibition, restriction or requirement which, by virtue of a notice served under or by virtue of this Act by[F35 the Executive] or an inspector, is expressly imposed on the owner of the mine; [F36 or

(c)any requirement or prohibition expressly imposed by or under such health and safety regulations as are mentioned in paragraph ( d) of subsection (1) of this section on the owner of the mine;]

or of a contravention of section 3.

F35SR 1999/150

F36SR 1980/333

F37SR 1980/333

131Supplementary provisions as to offences.N.I.

(1)Without prejudice to the operation of section 8 of the Accessories and Abettors Act 1861 and[F38 Article 59 of the Magistrates' Courts (Northern Ireland) Order 1981], any person who induces or procures, or consents to or connives at, the commission of an offence under this Act, shall be guilty of an offence.

(2)If any persons are employed at a mine otherwise than in accordance with the provisions of this Act, orders made thereunder and regulations, there shall be deemed to be a separate contravention in respect of each person so employed.

(3)If a person acts as manager of a mine in contravention of the provisions of subsection (1) of section 5, of any condition attached to an approval granted under that subsection or of a direction given by a notice served under subsection (2) of that section, there shall be deemed to be a separate contravention in relation to each mine as manager of which he acts.

F39132Working, &c., of horses in parts of mine below ground.N.I.

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133Penalty for offences for which no express penalty is provided.N.I.

(1)A person guilty of an offence under [F40 section 129(1) of] this Act …F41 shall be liable—

(a)if he is the owner of a mine, a person to whom instructions have been given by the owner of a mine in pursuance of section 1, the manager of a mine, a person who is for the time being treated for the purposes of this Act as the manager of a mine, an under-manager of a mine, a person who is for the time being treated for the purposes of this Act as such an under-manager or the surveyor for a mine, to a fine not exceeding two hundred pounds; and

(b)if not, to a fine not exceeding twenty pounds;

(2)Where a person is convicted of an offence under [F40 section 129(1) of] this Act and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable, in addition to any other penalty, to a fine not exceeding five pounds for each day on which the contravention is so continued.

(3)Where the court by which a person is convicted of any such offence as aforesaid is satisfied that the contravention in respect of which he is convicted—

(a)was likely to cause the death of, or serious bodily injury to, a person employed at the mine in relation to which the contravention occurred or a dangerous accident; or

(b)was likely to endanger the safety of any such person;

the court may impose upon the person convicted (either in addition to, or in substitution for, a fine) imprisonment for a term not exceeding three months.

F40SR 1980/333

F41SR 1980/333

134Defence available to person charged with offence not committed personally.N.I.

In any proceedings under this Act which, by virtue of section 130(1), are taken against a person in respect of the contravention by a person other than himself of—

(a)a provision of the Act, of an order made thereunder or of regulations, being a provision which expressly imposes on that other person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibits him or persons of such a class or all persons from doing a specified act; or

(b)a prohibition, restriction or requirement which by virtue of a notice served under or by virtue of this Act by[F42 the Executive] or an inspector is expressly imposed on that other person; [F43 or

(c)a requirement or prohibition imposed by or under health and safety regulations which expressly apply to all mines, any class of mine or a particular mine being a requirement expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, or a prohibition expressly imposed on him or on persons of such class or on all persons from doing a specified act;]

it shall be a defence for the person charged to prove that he used all due diligence to secure compliance with the provision, prohibition, restriction or requirement, as the case may be.

F42SR 1999/150

F43SR 1980/333

135Persons not to be under liability for contraventions which it was impracticable to avoid or prevent.N.I.

It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to a mine, of—

(a)a provision of this Act, of an order made thereunder or of regulations (not being a provision which expressly provides that a person is to be guilty of an offence); or

(b)a direction, prohibition, restriction, or requirement given or imposed by a notice served under or by virtue of this Act by[F44 the Executive] or an inspector; or

(c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by[F44 the Executive]; [F45 or

(d)a requirement or prohibition imposed by or under such health and safety regulations as are mentioned in subsection (1)( d) of section 130 of this Act;]

to prove that it was impracticable to avoid or prevent the contravention.

F44SR 1999/150

F45SR 1980/333

F46136Special defence available to mine under-managers with limited jurisdiction.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

137Liability of owners for breaches of statutory duty by their servants.N.I.

For the removal of doubts it is hereby declared that the owner of a mine is not absolved from liability to pay damages in respect of a contravention, in relation to the mine, by a person employed by him of—

(a)a provision of this Act, of an order made thereunder or of regulations; or

(b)a prohibition, restriction or requirement imposed by a notice served under or by virtue of this Act by[F47 the Executive] or an inspector;

by reason only that the provision contravened was one which expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibited that person, or persons of such a class or all persons from doing a specified act or, as the case may be, that the prohibition, restriction or requirement was expressly imposed on that person or that that person was, in pursuance of this Act or regulations, appointed by a person other than the owner.

F47SR 1999/150

138Liability of parents for unlawful employment of young persons.N.I.

If a young person is employed at a mine in contravention of the provisions of this Act or regulations, the parent of the young person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding[F48 level 2 on the standard scale] , unless it appears to the court that the contravention occurred without the consent, connivance or wilful default of the parent.

S.139 rep. by SR 1980/333

F49140Removal or defacement of notices, &c.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

141Prosecution of offences.N.I.

(1)Any offence under [F50 section 129(1) of] this Act …F51 be tried …F51 summarily …F51.

Subs.(2)‐(5) rep. by SR 1980/333

F50SR 1980/333

F51SR 1980/333

142Restriction on institution of certain proceedings.N.I.

No proceedings for an offence under [F52 section 129(1) of] this Act shall be instituted against any such person as is mentioned in section 133(1)( a) except by an inspector or by or with the consent of the Ministry or the Attorney General.

F52SR 1980/333

143Duty to report results of proceedings against persons employed at mines.N.I.

(1)An owner or manager of a mine by whom are instituted proceedings against a person employed at the mine for an offence under this Act shall, within twenty-one days after the conclusion of the trial of that person for that offence, give to[F53 the Executive] notice of the result of the trial and shall also, within twenty-one days after the conclusion of any proceedings by way of appeal arising out of the trial, give to[F53 the Executive] notice of the result of those proceedings.

(2)For the purposes of this section the bringing of proceedings before the High Court to quash a conviction by order of certiorari shall be deemed to be an appeal.

F53SR 1999/150

144Liability of parents for unlawful employment of children.N.I.

For the purposes of any proceedings under this Act in respect of the employment of children in contravention of section 1 of the Employment of Women, Young Persons and Children Act 1920 M1 (which contains provisions that prohibit the employment of children in factories, mines and quarries and, so far as they relate to mines, are incorporated with this Act), the references in section 138 to a young person shall be construed as including references to a child within the meaning of the said section 1.

Marginal Citations

PART XIIIN.I.MISCELLANEOUS AND GENERAL

N.I.Supplementary provisions

F54145Division of mines.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55146Provisions as to references upon notices served by the Ministry.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S.147 rep. by SLR 1976

F56148Parliamentary control of orders, rules and regulations.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57149Mode of service of notices under this Act.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150Provisions as to exemptions, &c.N.I.

(1)Any power conferred by this Act or regulations [F58 or health and safety regulations which expressly apply to all mines, any class of mine or a particular mine] on[F59 the Executive] or an inspector to grant, give or impose an exemption, consent, approval, authority, direction, requirement, prohibition or restriction or to make a determination shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary or revoke the exemption, consent, approval, authority, direction, requirement, prohibition, restriction or determination.

(2)Any exemption, consent, approval or authority granted or given under this Act or regulations [F58 or such health and safety regulations] by[F59 the Executive], or by an inspector exercising any function conferred on him under section 120(3), may (subject to any express provision of this Act or regulations [F58 or such health and safety regulations]) be without limit of period or limited so as to expire on a specified date unless renewed, and may be absolute or conditional.

F58SR 1980/333

F59SR 1999/150

151Articles certified or approved in Great Britain.N.I.

An article of a type for the time being certified or approved by the Minister of PowerF60 for the purposes of the Mines and Quarries Act 1954 M2 or regulations made thereunder shall be treated as certified or approved by[F61 the Executive] for the purposes of this Act or, as the case may be, regulations, unless[F61 the Executive], by notice published in the Belfast Gazette and otherwise brought to the notice of persons concerned in such manner as[F61 the Executive] thinks fit, directs that it shall not be so treated.

F60Now S of S, SI 1969/1498; 1970/1537; 1974/692

F61SR 1999/150

Marginal Citations

S.152 rep. by SR 1980/333

S.153 rep. by SLR 1976

S.154 rep. by SR 1980/333

155Application to the Crown.N.I.

This Act shall be binding on the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

N.I.Interpretation

[F62156Meaning of “mine”N.I.

(1)This section defines “mine” for the purposes of this Act.

(2)“Mine” means an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of—

(a)minerals (in their natural state or in solution or suspension), or

(b)mineral products.

(3)A mine is deemed to include so much of the surface (including buildings, structures or works on it) surrounding or adjacent to the shafts or outlets of the mine as is occupied with the mine for the purpose of, or in connection with—

(a)working the mine,

(b)the storage, treatment or preparation for sale, consumption or use of minerals or mineral products extracted from the mine, or

(c)the removal from the mine of minerals or mineral products extracted from it or of refuse from it.

(4)But a mine is not deemed to include premises in which a manufacturing process is carried on for a purpose other than—

(a)working the mine, or

(b)the preparation for sale of minerals extracted from the mine.

(5)Premises used to deposit refuse from a single mine and occupied exclusively by the owner of the mine are deemed to form part of the mine.

(6)Premises used to deposit refuse from two or more mines and occupied by the owner of one of the mines (either exclusively or jointly with the owner of the other or any of the others) are deemed to form part of whichever of the mines the Executive directs.

(7)A railway line serving one or more mines, other than a line falling within subsection (3) or belonging to a railway company, is deemed to form part of the mine or (if more than one) of whichever of the mines the Executive directs.

(8)A conveyor or aerial ropeway provided for the removal from a mine of minerals extracted from it, or of refuse from it, is deemed to form part of the mine.]

157Meaning of “owner”.N.I.

(1)Subject to the provisions of this section, in this Act the expression “owner” means, in relation to a mine, the person for the time being entitled to work it.

(2)Where the business of a person who, by virtue of the foregoing provisions of this section is, for the purposes of this Act, to be taken to be owner of a mine is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of this Act to be an additional owner of the mine.

158General interpretation provisions.N.I.

(1)In this Act—

  • Definition rep. by SR 1981/339

  • [F63 “central rescue station” means a station providing facilities common to a number of mines for the conduct of fire-fighting and rescue operations;]

  • “contravention” includes, in relation to—

    (a)

    a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by[F64 the Executive] or an inspector; or

    (b)

    a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by[F64 the Executive] or by an inspector exercising any function conferred on him under section 120(3); [F65 or

    (c)

    a prohibition or requirement imposed by or under health and safety regulations which expressly apply to all mines, any class of mine or a particular mine;]

    a failure to comply with the direction, prohibition, restriction, requirement or condition, and the expression “contravene” shall be construed accordingly;

  • [F64“the Department” means the Department of Economic Development]

  • “doctor” means a fully registered person within the meaning of[F66 section 55 of the Medical Act 1983];

  • [F64“the Executive” means the Health and Safety Executive for Northern Ireland]

  • “gas” includes fume or vapour;

  • “gravity operated rope haulage apparatus” means rope haulage apparatus worked solely by the action of gravity on a vehicle or vehicles attached to a rope forming part of the apparatus;

  • “gravity operated winding apparatus” means winding apparatus worked solely by the action of gravity on a part of it in which a load is carried;

  • [F65 “health and safety regulations” has the meaning assigned to it by Article 17(1) of the Health and Safety at Work (Northern Ireland) Order 1978 [1978 NI 9] ;]

  • “inset” means, in relation to shaft or outlet of a mine, a heading, chamber or other space driven or excavated from the shaft or outlet, being a heading, chamber or space to which access can only be had from the shaft or outlet and not being a heading, chamber or space the sole or main purpose of the driving or excavation of which is the getting of minerals or products of minerals;

  • [F63 “inspector” means an inspector appointed by[F64 the Executive] under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 for carrying into effect the provisions of the Act of 1969;]

  • “legal proceedings” includes arbitration;

  • “mechanically operated rope haulage apparatus” means rope haulage apparatus worked by a stationary engine;

  • “mechanically operated winding apparatus” means winding apparatus worked by a stationary engine;

  • “minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;

  • Definition rep. by SR 1999/150

  • “notice” means a notice in writing;

  • “parent” means a parent[F67 of a young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children (Northern Ireland) Order 1995)], and includes, in relation to any young person, a person having direct benefit from his wages;

  • “permitted lights” means, in relation to a mine or a part of a mine, locked safety-lamps and any other means of lighting the use of which below ground in mines generally, in mines of a class to which that mine belongs or in that mine is authorised by regulations[F68 or health and safety regulations];

  • “prescribed” has the meaning assigned to it by section 120(5);

  • “railway company” means any person working a railway that is used for the purposes of public traffic, whether passenger, goods or other traffic;

  • “regulations”, “general regulations” and “special regulations” have, subject to subsection (5) of section 120 the meanings respectively assigned to them by that subsection;

  • “road” does not include an unwalkable outlet;

  • “rope” includes chain;

  • “rope haulage apparatus” means apparatus for transporting loads in vehicles attached to ropes;

  • “safety-lamp mine” means a mine in no part of which below ground is the use of lamps or lights other than permitted lights lawful;

  • “safety-lamp part of a mine” means a part of a mine other than a safety-lamp mine, being a part below ground in which either the use of lamps or lights other than permitted lights is unlawful or safety-lamps are for the time being in use by way of temporary precaution;

  • “sanitary conveniences” includes urinals, water-closets, earth-closets, ash-pits, privies and any similar convenience;

  • “shaft” means a shaft the top of which is, or is intended to be, at the surface;

  • “staple-pit” means a shaft connecting two or more levels of underground working and not connecting any such level directly to the surface, and includes a winze;

  • “statutory responsibilities” means responsibilities under this Act, orders made thereunder and regulations;

  • “support rules” has the meaning assigned to it by section 54(1);

  • “transport rules” has the meaning assigned to it by section 37(1);

  • “unwalkable outlet” means an outlet which, owing to the gradient thereof or of any part thereof (whether alone or in combination with other circumstances), persons cannot walk up with reasonable convenience;

  • “winding apparatus” means, in relation to a mine shaft or staple-pit, apparatus for lowering and raising loads through the shaft or staple-pit;

  • “woman” means a woman who has attained the age of eighteen years;

  • “young person” means a person who is over compulsory school age but has not attained the age of eighteen years.

F69(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purposes of this Act—

[F70(a)a mine shall be treated as being worked at any time when there are persons at work below ground or plant or equipment is in operation at the mine to maintain the safety of that mine or of any other mine or the operation of driving a shaft or outlet is being undertaken at the mine.]

F71(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)References in this Act to the use of safety-lamps by way of temporary precaution shall, in relation to a mine, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed below ground in the mine in a place in which the use of naked lights might be dangerous and, in relation to a part of a mine below ground, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed in that part in such a place.

F63SR 1980/333

F64SR 1999/150

F65SR 1980/333

F68SR 1991/13

159Application of Act to training mines.N.I.

(1)For the purposes of this Act an excavation or system of excavations made for training purposes shall be deemed to be a mine, and the use for those purposes of any premises which are a mine as defined by section 156(1) or are, by virtue of this section, deemed to be a mine shall be deemed, for the purposes of this Act, to constitute the working of the mine; but the Ministry may by order direct that this Act shall, in its application to any such premises as aforesaid which are used exclusively for training purposes, have effect subject to such exceptions, adaptations and modifications as may be specified in the order.

(2)In this section the expression “training purposes” means the purposes of instructing or training below ground persons in, or in any work connected with, mining minerals.

N.I.Relationship of the Office and Shop Premises Act (Northern Ireland) 1966 and this Act in case of certain premises

F72160Office and Shop Premises Act to continue to apply to colliery storage premises until appointed day.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.General

S. 161 rep. by 1995 NI 12

S.162, with Schedule 4, effects amendments; Subs. (1) rep. by 1983 NI 4

S.163, with Schedule 5, effects repeals

S.164 rep. by SLR 1976; SR 1980/333

165General savings.N.I.

(1)Nothing in this Act shall affect—

(a)any special regulation made under an enactment repealed by this Act;

(b)any order with respect to fees, notification of accidents or the manner in which persons are to be searched, being an order made under an enactment repealed by this Act or by the Coal Mines Act 1911 [1911 c.50.] ;

(c)any rule made under section 50 of the said Act of 1911; or

(d)any certificate issued, exemption, consent, approval, permission or authority granted or any other thing done under an enactment repealed by this Act;

but any such regulation, rule or order so made or any certificate, exemption, consent, approval, permission, authority or thing so issued, granted or done shall, if in force at the commencement of this Act and so far as it could have been made, issued, granted or done under this Act, have effect as if it had been so made, issued, granted or done.

(2)Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act.

(3)Any inquiry or formal investigation under section 11 or 83 of the Coal Mines Act 1911 which is uncompleted at the commencement of this Act may be carried on and completed in all respects as if this Act had not passed.

Subs.(4) rep. by 1972 NI 16

166Saving for persons managing certain small mines at commencement of this Act.N.I.

A person who, immediately before the commencement of this Act, is, by virtue of subsection (3) of section 2 of the Coal Mines Act 1911, exercising and performing, in relation to a mine of coal, stratified ironstone, shale or fireclay then exempt from the provisions of that section, the powers and duties conferred and imposed by that Act on the manager of a mine, may be manager of that mine or another mine of coal, stratified ironstone, shale or fireclay at any time at which the number of persons employed below ground in the mine does not exceed thirty and no direction is in force with respect to the mine under subsection (2)( b) or subsection (3) of section 4, notwithstanding that he does not possess the qualifications required by this Act for appointment as manager thereof.

167Saving for common law rights of workmen, &c.N.I.

No provisions of this Act, or any order made thereunder or of regulations shall be construed as derogating from any rule of law with respect to the duties owed by employers to their employees (including, in particular, but without prejudice to the generality of the foregoing words, the duty to provide a safe system of working), and section 1 shall not be construed as derogating from any obligation imposed by or by virtue of any other provision of this Act upon the owner of a mine.

168Commencement.N.I.

Commencement

169Short title.N.I.

This Act may be cited as the Mines Act (Northern Ireland) 1969.

SCHEDULES

N.I.

Schedules 1, 2 rep. by SR 1980/333

Section 127.

F73SCHEDULE 3N.I.INQUIRIES INTO FITNESS OF HOLDERS OF CERTIFICATES AND DELIVERY UP AND CUSTODY OF CERTIFICATES IN CONNECTION WITH PROSECUTIONS AND INQUIRIES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.

Schedule 4—Amendments

N.I.

Schedule 5—Repeals

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