Coal-mining Regulations




2180
THE NEW ZEALAND GAZETTE.
[No. 79

  1. The examination for firemen and deputies shall be oral and practical, and shall include—
    (a.) Working coal and timbering underground;
    (b.) Mine-gases, inflammable coaldust, spontaneous combustion, and ventilation;
    (c.) A knowledge of the general rules, special rules, and regulations under the Coal-mines Act, 1908, and the amendments thereto;
    (d.) First aid to the injured.
    (e.) Also the requirements set out in subclauses (vi) and (viii) of paragraph (d) of the last preceding regulation.

  2. All applications for examination for certificates shall, prior to examination, be forwarded by the Secretary of the Board to the Inspector of Mines for the district for inquiry and report as to the bona fides of the applicant.

  3. Every candidate for a certificate by examination shall at least one month before the date fixed for the examination, and in the Form No. 6 hereto, make application in that behalf to the Secretary of the Board of Examiners, Mines Department, Wellington, and shall forward therewith a fee of 5s. and also a medical certificate that his senses of sight and hearing are not defective.

  4. For the purpose of enabling the Board to determine whether the candidate possesses the requisite practical experience, his application shall specify with sufficient particularity for identification and reference the respective mines in which he has been employed, and the period and nature of his employment in each.

  5. Individuals requiring to sit for examination urgently will be examined in Wellington at any time after due notice is given and the regulations have been complied with.

HALF-YEARLY RETURNS.

  1. The half-yearly returns to be forwarded to the Inspector of Mines under section 79 of the said Act shall be in the form set forth in Form 8 in the Schedule hereto.

SICK AND ACCIDENT FUND.

  1. No withdrawal of money from the account mentioned in the said Act as the “Sick and Accident Fund” (hereinafter referred to as “the said account”), at any post-office savings-bank, shall be permitted until the miners’ association of the district has nominated at least two persons as trustees of the said fund, and has given to the Chief Postmaster of the district and to the Minister of Mines written notice of such nomination, and of the acceptance of such trusteeship by the persons so nominated.

  2. When any change takes place in the office of trustee, either by death, resignation, removal, or otherwise, similar notices shall at once be given by the association.

  3. Whenever any sum of money is withdrawn by the trustees from the said account, the trustees shall give to the Inspector of Mines residing nearest to the post-office savings-bank where the said account is kept full particulars of the sum or sums so withdrawn and of the nature and cause and place of occurrence of the accident on account of which the payment is made.

  4. No sum exceeding £20 in amount shall be withdrawn from the said account without the written authority of the said Inspector.

  5. (1.) All moneys withdrawn from the said account shall be paid and applied as follows: When any workman has been off work through an accident for one week or more he shall receive payment at the rate of 2s. 1d. for every working-day from the date of the accident, such payment to be made on the certificate of a medical officer, and to continue so long as such medical officer and the trustees certify that the workman is unable to work by reason of the accident; or, in case any workman is permanently disabled, he may be granted a fixed sum, not exceeding £50, in satisfaction of all claims: Provided that no workman shall be entitled to any payment unless he has been so disabled by accident as to prevent him working for a period of not less than one week.

(2.) Any workman who meets with an accident which disables him from work shall send, or cause to be sent, within seven days of such accident occurring, a notice in writing to the Inspector of Mines; and all applications for relief must be made within fourteen days from the date of the accident, or the claim cannot be entertained.

  1. No workman shall be entitled to relief from the Sick and Accident Fund for any accident caused by drinking intoxicating liquors, fighting, or any kind of athletic sports or game of amusement, or for any accident caused by the misconduct of such workman.

  2. (1.) For each quarterly period ending 31st March, 30th June, 30th September, and 31st December in each year returns shall be furnished by the trustees to the Minister of Mines, showing the several amounts paid into the said account and the particulars of all withdrawals and disbursements therefrom during such quarter.

(2.) Every such return shall be so forwarded within ten days after the expiration of the quarterly period to which it relates, and shall be verified by the statutory declaration of the president or other chief officer of the association.

  1. The trustees shall keep proper books of account, showing the various items of receipts and expenditure in relation to the said account; and such books shall at all reasonable times be open to the inspection of any Inspector of Mines, who may take such extracts therefrom as he may require.

  2. Where a miners’ association is in existence an allowance of not exceeding 2½ per cent. may be made as a contribution towards the expense of management of the fund.

  3. If in any case the trustees or any of them wilfully commit a breach of any of these regulations, or misspend or misappropriate any of the moneys standing to the credit of, or withdrawn from, the said account, then the Minister of Mines, on proof of the fact, by notice to the Chief Postmaster of the district, may prohibit any further dealing with such account by the said trustees or any of them, and may remove the offending trustee or trustees from office; and any moneys so misappropriated may be recovered in the name of the Minister of Mines as a debt due to His Majesty the King.

  4. In case of removal of the trustees or any of them from office as last aforesaid, the Minister shall, by writing, forthwith request the miners’ association of the district to appoint some other person or persons to fill the vacancy, and, if such association neglects so to do for the space of fourteen days after service of such written request, then the Minister may appoint a trustee or trustees to fill such vacancy; and such trustee or trustees, when so appointed, shall have and may exercise all the powers of the original trustee or trustees with respect to the said account.

COAL-MINERS’ RELIEF FUND.

  1. (1.) In any district where there is no miners’ association the Public Trustee shall, on receipt of a certificate from a duly qualified medical officer, and also on the certificate from an Inspector of Mines, apply the moneys deposited to the credit of the Coal-miners’ Relief Fund, as follows: When any workman has been off work through an accident for one week or more, he shall receive payment at the rate of 2s. 1d. for every working-day from the date of the accident, which payment shall continue so long as such medical officer and Inspector of Mines certify that the workman is unable to work; but when an accident occurs in any mine situated in a locality remote from settlement, where the services of a medical officer are not procurable, payment at the prescribed rate may be made for any period not exceeding thirty days from the date of the accident on the certificate of the Inspector of Mines alone. In cases where any workman is permanently disabled, he may be granted a fixed sum, not exceeding £50, in satisfaction of all claims; but in any such case the certificate of a duly qualified medical officer and an Inspector of Mines will be required: Provided that no workman shall be entitled to any payment in any case unless he has been so disabled by accident as to prevent him working for a period of not less than one week.

(2.) Any workman who meets with an accident which disables him from work shall send, or cause to be sent, within seven days of such accident occurring, a notice in writing to the Inspector of Mines; and all applications for relief must be made within fourteen days from the date of the accident, or the claim cannot be entertained. The Public Trustee is, however, authorized to pay any claims notwithstanding the failure to give such notice, provided he is satisfied that the failure was through no fault of the injured person.

  1. No workman shall be entitled to relief from the Coal-miners’ Relief Fund for any accident caused by drinking intoxicating liquors, fighting, or any kind of athletic sports or game of amusement, or for any accident caused by the misconduct of such workman.

COAL-MINING LEASES AND PROSPECTING LICENSES.

  1. Every application for a coal-mining lease or a license to prospect for coal shall be made in such of the forms numbered 9 and 10 as is applicable.

  2. The application shall be transmitted to the office of the Warden (in the case of land situated in a mining district) or the Commissioner of Crown Lands (in the case of land not within a mining district) by post or otherwise, and in the event of its reaching the office after office hours the time of filing shall be deemed to be the hour when the office is next open for business.

  3. The land applied for shall be marked out in manner provided by clause 48 of these regulations; and unless this rule is complied with the application shall be deemed to be void.

  4. The application shall in every case contain an address for service, which shall be in the same district as the office in which the application is filed, and all notices to be served on the applicant shall be deemed to be validly served if served at such address.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1915, No 79


NZLII PDF NZ Gazette 1915, No 79





✨ LLM interpretation of page content

🌾 Regulations under the Coal-mines Act, 1908, and its Amendments (continued from previous page)

🌾 Primary Industries & Resources
26 June 1915
Coal-mines Act, Regulations, Board of Examiners, Mine-managers, Certificates