Mines and Quarries Act, 1965

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Interpretation generally.

5.—(1) In this Act, unless the context otherwise requires—

“bodily injury” includes injury to health;

“child” means a person who is under the school-leaving age;

“contravention” includes, in relation to—

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

(b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by 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 the Minister or an inspector,

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

“gas” includes fume or vapour;

“general regulations” means regulations other than those applicable to a particular mine or quarry only;

“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;

“inspector” means an inspector appointed under this Act;

“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;

“the Minister” means the Minister for Industry and Commerce;

“notice” means a notice in writing;

“parent” means, in relation to a child or young person, the individual having the legal custody of the child or young person and where, owing to the absence of that individual or for any other reason, the child or young person is not living with or in the actual custody of that individual, includes the individual with whom the child or young person is living or in whose actual custody the child or young person is;

“period of employment” means the period (inclusive of the time allowed for meals and rest) within which a person may be employed on any day;

“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;

“prescribed” means prescribed by regulations;

“railway” means any railway used for the purposes of public traffic whether passenger, goods or other traffic and includes any works of the body corporate managing and controlling the railway which are connected with the railway;

“regulations” means regulations made by the Minister;

“responsible person” means, in relation to a mine, the manager and, in relation to a quarry, the owner;

“road” includes part of a road but does not include an unwalkable outlet;

“rope” includes chain;

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

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

“the school-leaving age” means the age at which the School Attendance Act, 1926 , ceases to apply;

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

“special regulations” means regulations applicable to a particular mine or quarry only;

“staple-pit” includes winze;

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

“support rules” means rules made under section 55 for any of the purposes of the sections relating to support in mines;

“travelling road” means a length of road in a mine, used for the purpose of walking to or from working places;

“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;

“week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night;

“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 whose age is not less than eighteen years;

“young person” means a person who has reached the school-leaving age but is less than eighteen years of age.

(2) For the purposes of this Act mine workings having a common system of ventilation, or any part of a system of ventilation in common, shall be deemed to form part of the same mine.

(3) For the purposes of this Act—

(a) the working of a mine shall be deemed to include the operation of driving a shaft or outlet therefor;

(b) the working of a quarry shall be deemed to include the operation of removing overburden thereat;

(c) a mine or quarry shall be deemed to be worked notwithstanding that the only operations carried on thereat are operations carried on with a view to abandoning the mine or quarry or for the purpose of preventing the flow therefrom into an adjacent mine or quarry of water or material that flows when wet, but shall not be deemed to be worked by reason only that pumping operations are carried on thereat for the purpose of supplying water to any person.

(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.

(5) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including this Act.