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AT 10 of 1950
MINES AND QUARRIES REGULATION
ACT 1950
Mines and Quarries Regulation Act 1950
Index
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MINES AND QUARRIES REGULATION ACT 1950
Index
Section
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
Page
[Repealed] ........................................................................................................................ 5
Special regulations .......................................................................................................... 5
Publication of abstract of Act and copy of special rules ........................................... 6
and 5 [Repealed] ............................................................................................................. 6
Regulations applicable to mines or quarries ............................................................... 6
Prohibition of payment of wages at public houses, etc ............................................. 6
[Repealed] ........................................................................................................................ 7
[Repealed] ........................................................................................................................ 7
[Repealed] ........................................................................................................................ 7
Returns by owners and agents of mines...................................................................... 7
Penalty for breach of regulations.................................................................................. 7
[Repealed] ........................................................................................................................ 8
Financial provisions ....................................................................................................... 8
Interpretation................................................................................................................... 8
Short title .......................................................................................................................... 9
Commencement of Act .................................................................................................. 9
ENDNOTES
11
TABLE OF LEGISLATION HISTORY
11
TABLE OF RENUMBERED PROVISIONS
11
TABLE OF ENDNOTE REFERENCES
11
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Mines and Quarries Regulation Act 1950
Section 1
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MINES AND QUARRIES REGULATION ACT 1950
Received Royal Assent:
Passed:
Commenced:
25 April 1950
16 May 1950
16 May 1950
AN ACT to make further provision with respect to the regulation of mines and
quarries.
1
[Repealed]1
2
Special regulations
[1911/87]
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(1)
Where an inspector, or the owner of, or a majority ascertained by ballot
of the workmen employed in any mine or quarry is of opinion that the
general regulations for the time being in force with respect to the mine or
quarry, ought in their application to that mine or quarry to be
supplemented or modified, the inspector or the owner or such majority
of workmen may transmit for the approval of the Department special
regulations for the mine or quarry.2
(2)
When special regulations have been approved by the Department, they
shall, as respects that mine or quarry, have effect as if they formed part of
the general regulations applicable to the mine or quarry until the next
sitting of Tynwald; and such special regulations shall cease to have effect
on and from the day following the date of such sitting of Tynwald,
unless Tynwald by Resolution confirms such special regulations.3
(3)
Where any special regulations are in force with respect to any mine or
quarry they may be revoked, altered or added to at the instance of an
inspector, or of the owner of, or a majority of workmen employed in, the
mine or quarry in like manner, and subject to the same provisions, as the
original special regulations.
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Section 3
3
Mines and Quarries Regulation Act 1950
Publication of abstract of Act and copy of special rules
[1911/88]
(1)
(2)
For the purpose of making known the provisions of this Act, and the
regulations, to all persons employed in and about a mine or quarry, the
abstract of this Act prescribed by the Department and a correct copy of
all the regulations of the mine or quarry shall be published as follows: —
(a)
The owner, agent or manager of the mine or quarry shall cause a
copy of the abstract and a copy of the regulations, with the name
of the mine or quarry, and the name and address of the Inspector,
and the name of the owner or agent and of the manager appended
thereto, to be posted up in some conspicuous place at or near the
mine or quarry where they may be conveniently read or seen by
the persons employed; and so often as the same becomes defaced,
obliterated or destroyed, shall cause them to be renewed with all
reasonable despatch;
(b)
every copy of the regulations shall be kept distinct from any
regulations which depend only on the contract between the
employer and employed.4
In the event of non-compliance with the provisions of this section by any
person whomsoever, the owner, agent or manager shall each be guilty of
an offence against this Act unless he proves that he had taken all
reasonable means by enforcing to the best of his power the observance of
this section to prevent such non-compliance.
4
and 5 [Repealed]5
6
Regulations applicable to mines or quarries
[1911/89]
7
(1)
The general regulations applicable to a mine or quarry, as supplemented
or modified by the special regulations, if any, for the time being in force
with respect to the mine or quarry shall be the regulations of the mine or
quarry.
(2)
An inspector shall, when required, certify a copy which is shown to his
satisfaction to be a true copy of any regulations which for the time being
are in force in any mine or quarry, and a copy so certified shall be
evidence (but not to the exclusion of other proof) that those regulations
are the regulations of the mine or quarry and of the fact that they are
duly made under this Act.
Prohibition of payment of wages at public houses, etc
[1872/9]
No wages shall be paid to any person employed in or about any mine or quarry
to which this Act applies at or within any premises licensed under the
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Mines and Quarries Regulation Act 1950
Section 8
provisions of the Licensing Act 1995, or any office, garden, or place belonging or
continguous thereto, or occupied therewith.
Every person who contravenes or fails to comply with, or permits any person to
contravene or fail to comply with, this section shall be guilty of an offence
against this Act, and in the event of any such contravention or non-compliance
in the case of any mine or quarry by any person whomsoever the owner and
agent of such mine shall each be guilty of an offence against this Act, unless he
prove that he had taken all reasonable means by publishing and to the best of
his power enforcing the provisions of this section to prevent such contravention
or non-compliance.6
8
[Repealed]7
9
[Repealed]8
10
[Repealed]9
11
Returns by owners and agents of mines
[1875/1]
From and after the commencement of this Act, the owner or agent of every mine
or quarry to which this Act applies shall, on or before the first day of February
in every year, send to the appropriate authority specified in any regulations a
correct return specifying, with respect to such mine or quarry, for the year
ending on the preceding thirty-first day of December, the quantity in statute
weight of the mineral, dressed slate, stone, coprolites or other mineral and of the
undressed mineral, slate, stone, coprolites or other mineral which has been sold,
treated or used, during that year, and the number of persons ordinarily
employed in or about such mine or quarry below ground and above ground,
distinguishing those who are employed below ground and above ground.
The return shall be in such form as may be from time to time prescribed by
regulations.
12
Penalty for breach of regulations
[1911/90]
If any person who is bound to observe the regulations of any mine or quarry,
acts in contravention of, or fails to comply with any of them he shall be guilty of
an offence against this Act, and also the owner, agent and manager of such mine
or quarry shall each be guilty of an offence against this Act, unless he proves
that he had taken all reasonable means, by publishing and to the best of his
power enforcing the regulations, to prevent such contravention or noncompliance.
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Section 13
13
[Repealed]10
14
Financial provisions
Mines and Quarries Regulation Act 1950
The Treasury shall, out of moneys provided by Tynwald, pay the expenses
incurred in the administration of this Act.11
15
Interpretation
In this Act, unless the context otherwise requires, the following expressions
have the meanings hereby assigned to them respectively, that is to say: —
“agent” when used in relation to any mine or quarry means any person having,
on behalf of the owner, care or direction of any mine or quarry, or of any
part thereof.
“the Board” [Repealed]12
“the Department” means the Department of Infrastructure.13
“inspector” means an inspector appointed for the purposes of Part I of the
Health and Safety at Work etc. Act 1974 (an Act of Parliament) as it has
effect in the Island by virtue of an order made under section 1 of the
Health and Safety at Work, Etc., Act 1977.14
“mine” includes every shaft or pit in the course of being sunk, and every level
and inclined plane in the course of being driven for commencing or
opening any mine, or for searching for or proving minerals, and all the
shafts, pits, levels, planes, works, machinery, tramways and sidings, both
below ground and above ground, in and adjacent to any such shaft, pit,
level and inclined plane, and belonging to the mine.
“owner” when used in relation to any mine or quarry means any person or
body corporate who is the immediate proprietor or lessee or occupier of
any mine or quarry, or of any part thereof, and does not include a person
or body corporate who merely receives a royalty, rent or fine from a
mine or quarry, or is merely the proprietor of a mine or quarry subject to
any lease, grant or licence for the working thereof, or is merely the owner
of the soil.
“quarry” means every place not being a mine in which persons work in getting
slate, stone, coprolites or other minerals.
“regulations” means any regulations in force for or made for the purposes of
the Health and Safety at Work etc. Act 1974 (an Act of Parliament) as it
has effect in the Island by virtue of an order made under section 1 of the
Health and Safety at Work, Etc., Act 1977 or special regulations made under
this Act.15
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Section 16
Short title
This Act shall be cited as the Mines and Quarries Regulation Act, 1950.
17
Commencement of Act
This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
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Mines and Quarries Regulation Act 1950
Endnotes
ENDNOTES
Table of Legislation History
Legislation
Year and No
Commencement
Table of Renumbered Provisions
Original
Current
Table of Endnote References
1
S 1 repealed by Health and Safety at Work etc. Act 1974 (P) (as applied by GC58/80).
Subs (1) amended by GC192/86.
3 Subs (2) amended by GC192/86.
4 Subs (1) amended by GC192/86.
5 Ss 4 and 5 repealed by Health and Safety at Work etc. Act 1974 (P) (as applied by
GC58/80).
6
S 7 amended by Statute Law Revision Act 1997 Sch 1.
7 S 8 repealed by GC518/92.
8 S 9 repealed by Coroners of Inquests Act 1987 Sch 2.
9 S 10 repealed by Health and Safety at Work etc. Act 1974 (P) (as applied by GC58/80).
10 S 13 repealed by Health and Safety at Work etc. Act 1974 (P) (as applied by GC58/80).
11 S 14 amended by Treasury Act 1985 Sch 2.
12 Definition of “the Board” repealed by GC192/86.
13 Definition of “the Department” inserted by GC192/86 and amended by SD155/10 Sch
5.
14 Definition of “inspector” substituted by Health and Safety at Work, etc., Act 1974 (P)
(as applied by GC58/80).
15 Definition of “regulations” substituted by Health and Safety at Work etc., Act 1974
(P) (as applied by GC58/80).
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