STATUTORY INSTRUMENT ii

Supplement to the Sierra Leone Gazette Vol. CXLIV, No. 32

19. Geological interpretation.
dated 11th July, 2013
20. Layout of mine.
21. Pit design or benched slope model.
22. Scheduling details.
THE MINES AND MINERALS OPERATIONAL REGULATIONS, 2013 23. Peer review of mine design plans.

ARRANGEMENT OF SECTIONS PART VI –OCCUPATIONAL HEALTH AND SAFETY

24. Health and safety officer.
PART I– PRELIMINARY 25. Health and safety administrative requirements.
1. Interpretation. 26. Health and safety officers.
2. Application. 27. Health and Safety Committee.
28. Health and safety training.
PART II – ADMINISTRATION 29. Accident at mine.
3. Chief Inspector of Mines. 30. Communicating hazards.
4. Appointment of Chief Executive Officer. 31. Safe work procedures.
5. Mines Manager’s Certificate. 32. Personal protective equipment.
33. Employee’s duties for health and safety
PART III–RIGHTS OF MINERAL RIGHTS HOLDERS 34. Rights of workers.
6. General obligations of mineral right holder. 35. Medical and workplace compensation insurance.
7. Liability of mineral right holder 36. Contractors and site visitors.
8. Mine plan. 37. Fire safety
9. Equipment and service providers. 38. Emergency preparedness and response.
39. Notices.
PART IV – REPORTING RESOURCES AND RESERVES 40. Medical practitioner or paramedic.
10. Minerals reporting standards. 41. First aid
11. Documentation. 42. Workers not to pay for safety measures.
12. Reporting guidelines. 43. Prohibition by Chief Inspector of Mines
13. Reporting exploration results.
14. Reporting mineral resources. PART VI-–WORK PLACE STANDARDS
15. Reporting mineral reserves. 44. Incompetent person.
45. Underage employment.
PART V-–MINE DESIGN FOR OPEN PIT MINES 46. Disobedience.
16. Application. 47. Air quality.
17. Mine design plan. 48. Sampling of dust.
18. Topographic profile. 49. Ventilation
iii iv

50. Noise. Part VII–WASTE DISPOSAL AND CONTAINMENT CONTROL

51. Vibration. 84. Tailing storage facilities.
52. Noxious or inflammable flames or gases. 85. Above ground tailing storage facilities.
53. Cyanide. 86. Below ground tailing storage facilities.
54. Illumination. 87. Design and construction of tailing storage facilities
55. Confined spaces. 88. Managing TSF.
56. Dangerous mine 89. Management of mineral processing reagent.
57. Liquid. 90. Containment control.
58. Solid waste disposal.
59. Radiation. PART VIII–STORAGE AND TRANSPORTATION OF MINERAL
60. Change house. 91. Transport and storage.
61. Housing accommodation. 92. Mine waste dump.
62. Intoxication. 93. Stock-pile.
63. Pollution. 94. Minerals on belt conveyors.
64. Jurisdiction. 95. Haulage truck transportation.
65. Safety of machinery. 96. Rail transportation.
66. Training on use of machinery. 97. Marine transportation.
67. Machinery safety measures. 98. Carriage of radioactive substances.
68. Light and heavy equipment.
69. Air compressors and compressed air. PART IX–EXPLOSIVES AND BLASTING
70. High pressure compressors. 99. Blasting and explosive.
71. Lifting equipment. 100. Import licence.
72. Design and manufacture of plant. 101. Supply licence.
73. Maintenance and operation of plant. 102. Transportation licence.
74. Hazards 103. Storage licence.
75. Electrical machinery system 104. Blasting licence.
76. Electrical safety requirements. 105. Blaster’s Certificate.
77. Electrical maintenance. 106. Application for mining.
78. Switchboards and switchgears. 107. Manufacture of explosives.
79. Overhead 108. Road transportation of explosives.
80. Underground cables. 109. Conveyance by sea.
81. Trailing cables and reeling cables. 110. Storage of explosives.
82. Isolation of electrical equipment. 111. Safety measures.
83. Electrical plant exposed to electrical hazards. 112. Control of magazines.
113. Safety precautions during blasting.
v vi

114. Blasting underground. 142. Ratio of load

115. Safety. 143. Vertical sinking shafts.
116. Specific safety issues. 144. Locked bell system.
117. Disposal of explosives. 145. Call bell system
146. Winding of minerals.
PART X–SURFACE AND OPEN PIT MINING 147. Permitted materials.
118. Safe surface mine. 148. Winding equipment.
119. Mine erosion and sediment control plan. 149. Examination engineer.
120. Haulage roads. 150. Drivers’log book.
121. Open pit mining operations. 151. Winding certificate.
122. Environmental protection performance. 152. Bank manor on-setter.
153. Speed.
Part XI-–DREDGING AND PLACER MINING 154. Shaft bottom.
123. Dredging permit application. 155. Protective cover.
124. Floating plant. 156. Survey practice.
125. Waste quality. 157. Surveying, mapping and mine plans.
126. River diversion. 158. Mine safety and precautions.
127. Hydraulic mining. 159. Underground outlet
160. Underground persons.
PART XII–UNDERGROUND MINING 161. Reporting of accidents.
128. Underground mining application. 162. Tackless machinery etc.
129. Underground mine plans. 163. Safety standards for machine.
130. Ventilation. 164. Self-propelled machines.
131. Underground mine safety. 165. Underground rail transport machinery.
132. Lighting in underground mines. 166. Underground ventilation.
133. Permit for winding plant. 167. Flooding.
134. Conveyance operated by winding plant. 168. Bore holes.
135. Winding capacity. 169. Flammable gas.
136. Brakes and holding power 170. Testing of gas.
137. Rope on drum. 171. Misfired holes.
138. Locking devices. 172. Dissipation fumes.
139. Depth indicator. 173. Water blast.
140. Suitability. 174. Blasting times.
141. Defective.
vii

PART XIII– RECLAMATION AN D MINE CLOSURE CONSIDERATION

175. Rehabilitating mining area.
176. Removal of vegetation.
177. Rehabilitation. STATUTORY INSTRUMENT NO. 12 OF 2013
178. Treatment of hazardous waste.
Published 11th July, 2013

PART XIV – INFRINGEMENTS AND PENALTIES THE MINES AND MINERALS ACT, 2009
179. Categorisation of infringements (ACT NO. 11 OF 2009)
180. Determination of infringement categories THE MINES AND MINERALS OPERATIONAL Short title.
181. Penalties. REGULATIONS, 2013
182. Suspension and cancellation of mining Licence.
183. Notification and payment of fines. In exercise of the powers conferred upon him by section 176
of the Mines and Minerals Act, 2009, the Minister hereby makes the
184. Review of penalties. following Regulations–
185. No exclusion of liability.
PART I–PRELIMINARY
FIRST SCHEDULE
1. In these Regulations unless the context otherwise requires– Interpretation.

“Act” means the Mines and Minerals Act, 2009;

“alter” or “alteration” in relation to plant means to

change the design of, add to or take away from the
plant where the change may affect safety or health
but does not include routine maintenance, repairs or
replacement;

“angle of repose” or “angle of rest” means the maximum

slope at which a heap of loose material will stand
without sliding;

“applicant” means the individual or organization that

has submitted, or is in the process of submitting a
mineral right or related licence application;
2 3

“authorised person” means an employee of the mineral “Board” means the Minerals Advisory Board as
right holder or mining right holder duly authorised established under section 11 of the Mines and
by its board of directors for a specified purpose; Minerals Act, 2009;

“bedded mineral deposit” means any reef, coal seam, “box front” means a structure installed at an opening
lode, mineral bed or fissure, which occurs of a rock pass to control the flow of rocks, and
conformably within rock and is not of a substantial includes bulkheads, chutes, platforms, control
nature; mechanisms, cylinders and similar accessories;

“breathing apparatus” means an apparatus which

“bench” means a ledge that forms a single level of
renders the user independent from breathing from
operation above which mineral or waste material are
the atmosphere for a minimum of two hours;
mined back to a bench face;
“British Standards” means the standards of quality
“bench height” means the vertical distance between for goods and services produced by the British
the highest point of – Standards Institution;

“certificate of seaworthiness” means the certificate

(i) the bench or issued by the Sierra Leone Maritime Administration
which verifies compliance of the applicable vessel
(ii) the bench crest and the toe of the
with these Regulations and includes the record of
bench;
equipment and vessel information ;
“bench slope” means the angle, measured in degrees
between the horizontal and an imaginary line joining “Chief Inspector of Mines” means the chief inspector
the bench toe and crest; of mines appointed under Regulation 3;

“berms” means a horizontal shelf or ledge within the “closure plan” means the programme that describes
pit wall slope which is established to enhance the the rehabilitation measures proposed by a mining
stability of the slope within the pit; right holder during the life cycle of the mine which
is designed to leave the mining area in a safe and
“blaster” means a person who conducts a blasting stable condition;
operation;
“commissioning” means performing the necessary
“blaster’s certificate” means a blaster’s certificate adjustments, tests and inspections to ensure the
issued under these Regulations; plant is in full working order in accordance with
specified requirements (if any) before the plant is
“blasting machine” means a device that provides used and includes re-commissioning;
electrical energy or shock energy for the purpose of
energizing a detonator; “competent person” means a person who is–
4 5

(a) qualified by virtue of his knowledge of, and (i) any floating vessel used for marine or
training, skills and experience in any matter aquatic engineering works, harbour
in respect of which he is required to be a works or land reclamation works, or
competent person,
(ii) any barge, workboat, tender, anchor
(b) familiar with these Regulations or other law punt or other vessel ancillary to a
which apply to the work to be performed, or floating vessel used for a purpose
referred to in paragraph (a) or (b).
(c) trained to recognise any potential or actual
“dump” means a pile or heap of ore, coal or waste at a
danger to health and safety in performance
mine that–
of the work;
(a) exceeds three metres in height, and
“designer” means a person who is responsible for the
design of plant for use in a mine; (b) is not intended for reclamation;

“development end” means a tunnel, drive, cross-cut, “dump block” means a safeguard positioned to prevent
raise, box-hole, winze or shaft and every working a vehicle from backing over the edge of a dump when
related thereto; dumping a load;

“earth moving equipment” includes any unit of earth

“Director” means the Director of Mines referred to in moving equipment that has been modified to perform
section 4 of the Mines and Minerals Act, 2009; other service functions (including operation as a
road watering tanker truck) and shall include,
“draw point” means a point where rock is loaded out amongst others, bulldozers, dumper trucks,
or allowed to flow out from an excavation; excavators, scrapers, track loaders and wheel loaders,
but does not include earth moving equipment that is
“dredge” means any floating vessel used for – only used underground;
(a) mining operations consisting of digging, “electrical installation” means all the electrical wiring,
cutting, excavating or raising (whether by accessories, fittings, consuming devices, control and
mechanical, hydraulic or pneumatic means) protective gear and other equipment associated with
any rock, metal, mineral or mineral substance the installation situated in the mining area;
from below the surface of a body of water
“electrical plant” means a plant which consumes
(whether natural or artificial) or converts or generates electricity;
(b) the purpose of treating or otherwise dealing “elevating work platform” means a telescoping device,
with any rock, metal, mineral or mineral scissor device or articulating device or any
substance that has been dug, cut, excavated combination of those devices used to position
or raised as described in paragraph (a), but personnel, equipment and materials to and from
does not include – workplaces located above the support surface;
6 7

“employer” means the mineral right holder or the mining “Mines and Minerals (Environmental) Regulations”
right holder; means the environmental regulation for the minerals
sector;
“enclosed system” means any system of pipes, or
storage or processing vessels, that is enclosed so “excavator” means an excavator which must be able to
that persons cannot readily see what substances elevate its bucket high enough to dump cleanly into
are contained in the pipes or vessels; the any reception bin, including washing plant’s
hopper and dig deeply enough below ground level
“environment” means land, air, water and all plants, to reach the bottom of ore over a reasonably wide
animals and human beings living therein and the radius;
inter-relationship which exists among these or any
“explore” means intentionally to search for minerals
of them;
and mineral deposits and includes operations to test
“environmental impact” means any change in the the mineral bearing qualities of the land and
determine the potential economic value of mineral
environment that occurs in a certain place and period
deposits;
of time which is caused by mining operations;
“exploration results” means data and information
“environmental management plan” means an
environmental management plan produced as a result generated by exploration programmes that may be
of use to a right holder;
of an environmental impact assessment which shall
describe how the applicant will implement all
recommendations, commitments and obligations “explosives manufacturing site” means any site
designed to avoid, minimise, ameliorate or licensed under these Regulations for the
compensate for adverse environmental impacts manufacture of explosives;
identified in the relevant environmental impact
“extraction” means any trench, pit, shaft or other open
assessment;
working;
“Environment Protection Agency” means the
Environment Protection Agency established by “fault” means a break or defect which may cause plant
section 2 of the Environment Protection Agency Act, to present an increased risk to safety and health
and, in the case of a fault in design, means an aspect
2008 (Act No. 11 of 2008);
of the plant design which may cause the plant to be
a risk to safety and health if manufactured in
“emergency” means a situation, event or set of
circumstances at a mine that could threaten the accordance with that plant’s design specifications;
health or safety of persons at or off the mine, and
“fixed position” means any point other than a survey
which requires immediate remedial action, such as
station which is fixed within the relevant accuracy
the evacuation, rescue or recovery of persons to
requirements for the class of survey concerned and
prevent serious injury or harm or further serious
which is used for the purpose of locating details to
injury or harm to persons;
be shown on plans;
8 9

“floating plant” means– potential classification does not reflect in any way
the current condition of the dam, for example its
(a) barges on which are mounted draglines and safety, structural integrity or flood routing capacity;
backhoe excavators similar to the plants
“Health and Safety Committee” means the committee
mounted on bucket line dredges but typically
formed by the mineral right holder in accordance
of a lower capacity, and
with Regulation 27;
(b) plants which are designed to coordin “high hazard potential” means dams assigned the
excavator, and highest hazard potential in the hazard rating system
and includes those dams where failure or improper
(c) plants which, if not operated in a large body operation will probably cause the loss of human life;
of water or a flowing stream, require ancillary
“hoist” means an appliance intended for raising or
water supplies and finely suspended solids-
lowering a load or persons and includes an elevating
removal capability;
work platform, a mast climbing work platform, a
people and materials hoist, a scaffold hoist and a
“fluid material” means any substance other than gas,
serial hoist, but shall not include a lift or building
which has the potential to flow, such as water, slime
maintenance equipment;
and mud;
“hydraulic mining operations” means the process of
“geological structure” the arrangement of rock excavating soils by using a stream of high pressure
formations as well as the folds, joints, faults, foliation, water through a nozzle directed at the material;
schistosity, bedding planes and other planes of
weakness in rock; “interlocked” describes a connection between a guard
or a machine element with the control system or the
“geotechnical engineering” means the application of power system of the plant that has been made to –
engineering geology and structural geology;
(i) allow access to the moving parts of plant
“Government” means the Government of Sierra Leone; at times when those parts are not
moving, and
“guard” means a device that prevents or reduces
access to a danger point; (ii) prevent moving parts from starting up
or operating when access is available
to those moving parts;
“hazard rating system” means a system that categorizes
dams and tailing storage facilities according to the
“joint” means a naturally occurring plane of weakness
degree of adverse incremental consequences of a
or break in the rock (generally aligned sub vertical or
failure or wrong operation of a dam, which includes
transverse to bedding), along which there has been
factors such as loss of human life and economic and
environmental losses, provided that the hazard no visible movement parallel to the plane;
10 11

“licensed magazine” means a magazine of explosives “mines manager” means the person appointed by the
licensed under these Regulations; mineral right holder to be responsible for the control,
management and direction of a mine;
“life cycle of the mine” means all the phases of mining
activity and shall comprise reconnaissance, “manufacturer” means a person who manufactures
exploration, development, exploitation, beneficiation plant for use in a mine or intended for use in a mine;
and closure;
“Material Safety Data Sheet” or “MSDS” means in
“lift” means any permanent plant which is in, or
relation to any chemical substance, a document that,
attached to, a building or structure and by means of
in accordance with the National Code of Practice for
which persons, goods or materials may be raised or
lowered within or on a car cage or platform and the the Preparation of Material Safety Data Sheets –
movement of which is restricted by a guide or guides (a) describes the identity, chemical and physical
and includes an apparatus in the nature of a chair
properties of the substance,
lift, escalator, moving walk way or stairway lift and
any supporting structure, machinery, equipment,
(b) provides information on the health hazards
gear, lift well­ shaft, enclosures and entrances;
associated with the use and handling of the
“lifting equipment” means any equipment or machine substance, and
or arrangement of equipment or machines intended
or used for the lifting, lowering, suspension or (c) provides information on precautions for the
movement of load and lifting equipment and includes safe use and handling of the substance;
hoists, lifts, cranes and lifting tackles;
“mine” means any place, excavation or working by
“localised survey” means measurements taken from a which any operation connected with mining is carried
survey network to locate surface or underground on together with all buildings, premised, erections
workings, structures and features and includes
and appliances belonging or appertaining to it, above
normal tape triangulation for month-end
and below the ground, for the purpose of winning,
measurements, plugging, offsetting and tachometric
treating or preparing minerals, obtaining or extracting
work;
any mineral or metal by any mode for the purpose of
“low hazard potential” means dams assigned the lowest dressing mineral ores, and includes a quarry where
hazard potential classification in the hazard rating minerals are mined and any operations directly or
system and include those failure or wrong operations indirectly necessary for or incidental to mining
which would result in low probable loss of human operations;
life, economic losses, environmental damage,
disruption of lifeline facilities, and other adverse “mine waste” means waste that includes overburden,
environmental and social consequences furthermore waste rock, refuse, mill tailings, slag, process sludge
any such losses would be solely limited to the mineral and residues, acid mine drainage and seepage water;
right holder’s property;
12 13

“mineral reserve” means the economically mineable the operating plan, monitoring and auditing
part of a measured and or indicated mineral resource requirements, rehabilitation measures, emergency
and includes diluting materials and allowances for action plan and incident reporting procedures;
losses which may occur when the material is mined.
“operator protective devices” includes roll-over
“mineral resource” means a concentration or protective structures, falling object protective
occurrence of material of economic interest or structures, operator restraining devices and seat
inferred economic interest, in or on the earth’s crust belts;
in such form, quality and quantity that there are
reasonable prospects for eventual economic “ore” means a natural aggregate of one or more minerals
extraction and covers mineralisation, including which may be mined and sold at a profit or from
dumps and tailings, which has been identified and which some part may be profitably extracted;
estimated through exploration and sampling and
within which mineral reserves may be defined by the “ore reserve” means the volume of known ore zones
consideration and application of modifying factors,
that a mine has identified as being suitable for mining
including mining, metallurgical, economic marketing,
at some time in the future;
legal, environmental, social and government
consideration;
“PERC” means the Professional Engineers Registration
“misfired hole” means a blast hole in which a charge or Council of Sierra Leone which acts as the regulatory
part of a charge failed to detonate on initiation; body for the engineering profession established by
section 3 of the Professional Engineers Act, 1990
“Nuclear Safety and Radiation Protection Authority” (Act No. 3 of 1990);
means the Nuclear Safety and Radiation Protection
Authority established by section 3 of the Nuclear “pit limits” means the vertical and lateral extent to which
Safety and Radiation Protection Authority Act, 2012 open pit mining may be viably conducted;
(Act No.7 of 2012);
“placer mining” means an aqueous extraction method
“open cast mining” means surface mining in which
intended for the recovery of heavy minerals from
reclamation is carried out contemporaneously with
placer or alluvial deposits using water to excavate,
extraction and may be classified as either area mining
or contour mining; transport, and/or concentrate the mineral;

“placer mining methods” means hand mining or dry

“operating manual” means a manual produced by the
mining using standard earth moving equipment,
mineral right holder or applicant describing the
dragline and backhoe washing plants, bucket wheel
mineral right holder’s procedures and processes for
tailing storage facilities, collection of waste and waste hydraulic dredges, suction cutter dredges, bucket
disposal and which shall include a description of line dredges, hydraulic mining, sluicing and educing;
14 15

“placer waste” means the waste originating during the “restricted area” means any area where mining is
process of placer mining when the washing of sand restricted due to significant risk;
and gravel to recover minerals produces tailings with
particle sizes ranging from coarse to fine and waste “restricted visibility vehicle” means a vehicle that
water streams loaded with fine sand, silts or clays; restricts the view of the operator because of its
design or size;
“primary survey” means any survey carried out for
the purpose of fixing shaft positions, shaft stations, “safe working load” means –
underground connections, upgrading of secondary
surveys to primary surveys and establishing primary
(a) the maximum load or capacity specified by
surface survey control;
the manufacturer of the plant, or
“programme of mining operations” means a programme
(b) in relation to any plant for which a different
approved on the grant of a small-scale or large-scale
load or capacity has been approved by a
mining license and includes any amendments made
to it under the Act; Competent Person;

“quarry” means an open excavation or pit from which “safety pillar” means every portion of a reef, mineral
stone or other materials are obtained by digging, deposit or ground left in situ for the support and
cutting or blasting; protection of the surface objects thereon or
underground workings;
“radioactive substance” means a mineral which
contains by weight at least one twentieth of one per “scaffold” means a temporary structure specifically
cent (0.05 per cent) of uranium or thorium or any erected to support access or working platforms;
combination of the same, and includes but is not
limited to – “scaffolding equipment” means any component,
assembly or machine used or intended to be used in
(a) monazite sand and other ore containing the construction of a scaffold;
thorium, and
“secondary survey” means any survey carried out for
(b) carnotite, pitchblende and other ores the purpose of fixing main or access development,
containing uranium; mine boundaries and establishing secondary surface
survey control;
“road” means any thoroughfare used by the public
and includes a path;
“serious injury” includes fracture of skull, spine, pelvis,
arm, forearm, thigh or leg, dislocation of shoulder,
“rock pass” means any inclined excavation in which
elbow, hip, knee or spine, amputation of hand or
any rock is transported by the force of gravity;
16 17

foot, or substantial part of a hand or foot, loss of “tailings” means all gravel, sand, slime, or other
sight of an eye, internal haemorrhage, burns, substance which is the residue of bona fide mining
asphyxia or other injury likely to endanger life, cause operations;
permanent incapacity for work or substantially impair
efficiency; “tertiary survey” means survey stations established
from secondary survey stations for localised survey
“significant hazard potential” means dams, in any purposes;
geographical location which in the hazard rating ‘tipping point” means the upper inlet into a rock pass;
system are assigned the significant hazard potential
classification and include those dams where failure “TSF” means tailing storage facility;
or wrong operation results in loss of human life,
economic loss, environmental damage, disruption “UL Standards” means the independent product safety
of lifeline facilities, or can have other adverse organisation Underwriters Laboratories Inc.;
environmental and social consequences;
“vehicle” means any description of conveyance for
“sluicing” means the process of moving slurry; the transport of human beings or property by land,
in whatever manner it may be propelled.
“stockpiles” means a heap of ore, coal or waste which
exceeds three metres in height and is intended for “waste disposal” means the handling, transporting
future reclamation and in relation to which special and placing of mine waste to meet stability and
efforts must be taken to keep water from infiltrating environmental standards;
the ore and becoming a contamination concern;
“waste rock” means rock which is usually coarse and
“storage box” means a storage box which conforms to is classified as cobbles, rocks or boulders with
the requirements for storing explosives; associated fines; and

“surface impoundments” means structures designed “workings” means any excavation made or being made
to contain solid waste and effluents generated during for the purpose of searching for or winning minerals
the processing of metal and non-metal ores. or for any purpose connected therewith.

“survey point” means any easily identifiable point 2. These Regulations shall apply to body corporates and Application.
located by localized surveying, other than a survey individuals applying for or issued minerals rights under the Act.
station;
PART II – ADMINISTRATION
“survey station” means any point that has been
surveyed within the prescribed standards of 3. (1) There shall be a Chief Inspector of Mines appointed Chief
by the Director who shall be a professional engineer and holder of a Inspector of
accuracy; Mines.
valid practising certificate issued by PERC.
18 19

(2) Suitably qualified professionals from other government (c) the names of the mine managers under the
ministries, departments and agencies may, on the request of the supervision of the Chief Executive Officer.
Director, be seconded or otherwise render assistance in the
implementation of these Regulations. 5. (1) A mineral right holder or the Chief Executive Officer Mines
manager
of– certificate.
Appointment 4. (1) Every mineral right holder shall appoint a Chief
of Chief Executive Officer who shall take reasonable steps to ensure (a) an underground mine; or
Executive
Officer. compliance with these Regulations.
(b) a quarry or surface mine,
(2) If a mining right holder is a body corporate, the fuctions
of the Chief Executive Officer appointed under sub-regulation (1) shall ensure that the person responsible for underground operations,
may be performed by a member of the Board of the body corporate, quarry or surface operations, as the case may be, has a valid mine
appointed by the Board for that purpose. manager’s certificate relating to underground operations or surface
operations issued byPERC or a similar international regulatory body.
(3) The Chief Executive Officer shall –
(2) A mine manager’s certificate from any international
(a) appoint one or more mine managers with the regulatory body other than PERC referred to under sub-regulation
prescribed qualifications to be responsible (1) may, if required by the Director, be validated by the PERC.
for the day to day management and operation
of the mine; (3) The mineral right holder shall pay all costs and fees
required by PERC in relation to the validation of a mine manager’s
(b) ensure that if more than one mine manager is certificate under sub-regulation (3).
appointed their functions do not overlap or
conflict; PART III–RIGHTS OF MINERAL RIGHTS HOLDERS AND
OTHER RELATED PROVISIONS
(c) supply the mine managers with the means to
perform their functions; and 6. (1) A mining right holder shall,as far as reasonalby General
obligations of
practicable, ensure that the mine is– mineral right
(d) take reasonable steps to ensure that the mine holder.
managers perform their functions. (a) designed, constructed and equipped-

(4) Within seven days of the appointment of the Chief (i) to provide conditions for safe operation
Executive Officer, the mineral right holder shall submit to the Director and a healthy working environment; and
a written notice of the appointment and such notice shall include –
(ii) with adequate communication system,
(a) the name of the Chief Executive Officer; electrical, mechanical and other
equipment as necessary to achieve a
(b) the nature of such person’s function; and safe working environment;
20 21

(b) commissioned, operated, maintained and (c) a general plan of the mine on a scale not more
decommissioned in a way that employees can than 1:1000 that shows the proposed mine
perfom their work without endangering the layout and facilities in relation to the tenement
health and safety of themselves or any other boundaries, any proposed open pit and any
person. underground layouts, including access to
underground workings.
(2) A mineral right holder shall compile monthly health
and safety statistics at the mine and such statistics shall be kept in 9. (1) A person who– Equipment
accordance with these Regulations and if the employer is a body and service
providers.
corporate with more than fifty employees, the mineral right holder (a) designs , manufactures, imports or supplies
shall publish and make available annual reports in an approprate any articlefor use at amine shall ensure, as
form to share holders or members; far as reasonably practicable, that thearticle,
when used properly, is safe and without risk
(3) A mineral right holder of a mine that is not being worked
to health and safety and that it complies with
for a period in excess of one month but in respect of which a closure
these Regulations;
certificate has not been issued shall be responsible to prevent injuries,
ill-health, loss of life or damage of any kind from occurring at the
(b) erects or installs any articlefor use at amine
mine.
shall ensure, asfar as reasonably practicable,
that nothing about the manner in which it is
Liability of 7. A mineral right holder shall be liable for the acts and
mineral right erected or installed makesit unsafeor creates
omissions of any duly appointed mine manager, authorised person,
holder. a risk to health and safety when used
contractor, health and safety officer provided that the mineral right
properly;
holder shall not be liable for any negligent acts or omissions of such
persons.
(c) designs, manufactures, erects or installs any
Mine plan. articlefor useat aminemust ensure, as far as
8. A notification of the commencement of mining operations
reasonably practicable, that ergonomic
shall include a mine plan that sets out –
principles areconsidered and implemented
during design, manufacture, erection and
(a) a summary of the proposed mining
installation in accordance with British
operations including a description of the type
Standards or such standards as may be
of mine, the treatment of minerals that is to
approved by the Director;
take place at the mine, the number of persons
to be employed at the mine and the expected
(d) designs or constructs a building or structure
duration of mining operations;
including a temporary structure for use at a
(b) a broad assessment of the major risks mine shall ensure, as far as reasonably
associated with the mine and a summary of practicable, that the design or construction
the strategies proposed to manage those is safe and without risk to heal th and
risks; and safety when used properly;
22 23

(e) manufactures, imports or supplies any designs, manufactures, repairs, imports or supplies an article for or to
hazardous substance for use at a mine shall another person, or that other person provides a written undertaking
ensure, as far as reasonably practicable, that to take specified steps sufficient to ensure, as far as reasonably
the substance is safe and without risk to practicable, that the article will be safe and without risk to health and
health and safety when used, handled, safety when used properly and that it complies with all prescribed
processed, stored or transported at a mine in requirements.
accordance with the information required to
be provided by the supplier, which shall (3) This Regulation shall not absolve a mineral right holder
include– from its responsibility to use any equipment, article or services
provided by a third party in a manner which is safe and without risk
(i) the use of the substance; to health and safety and the mineral right holder shall remain liable
for all harm or damage arising from the improper use of any equipment,
(ii) the risks to health and safety associated article or service except if such harm or damage is caused by the
with the substance; failure of the designer, manufacturer, supplier or installer to discharge
its relevant duties as described in this Regulation.
(iii) any restriction or control on the use,
transport and storage of the substance, PART IV – REPORTING RESOURCES AND RESERVES
including but not limited to exposure
limits; 10. The reporting of exploration results, mineral resources and Minerals
reporting
mineral reserves shall be based on the following standards– standards.
(iv) the safety precautions to ensure that
(a) Pan European Reserves and Resources
the substance is without risk to health
Reporting Committee;
or safety;
(b) Australasian Code for Reporting of
(v) the procedure to be followed in the case Exploration Results , Mineral Resources and
of an accident involving excessive Ore Reserves
exposure to the substance or any other
emergency involving the substance; (c) South African Minerals Resources
and Evaluation Committee ; or

(vi) the procedure for safe disposal of used (d) any other internationally acceptable
containers in which the substance has professional body as the Director may
been stored and any waste resulting determine
from the substance.
11. (1) Documentation detailing exploration results, mineral Documentation.

(2) A person who falls under paragraphs (a) (b) and (c) of resources and mineral reserves estimates from which a public report
sub-regulation (1) shall be relieved of the duties imposed thereunder, is produced shall be prepared by or under the direction of and signed
to the extent that is reasonable in the circumstances, if that person by a competent person.
24 25

(2) A public report issued by a mineral right holder shall (a) publically disclose any relevant information
be issued with the consent of a competent person and the mineral relating to a mineral deposit that can
right holder shall disclose the name, qualifications, relevant experience materially influence the economic value of
of the competent person, name of employer and number of years that deposit to the mineral right holder;
employed.
(b) promptly report any material changes in its
(3) For the purposes of this Regulation, a competent mineral resources or mineral reserves to the
person shall– Director; and

(c) review and publicly report on mineral

(a) be a member or fellow of the Sierra Leone
resources on an annual basis.
Institution of Engineers or a member of
another internationally recognised
13. (1) A mineral right holder shall – Reporting
professional organisation that holds a valid exploration
practising certificate issued by PERC or a results.
(a) submit a report of all exploration results and
similar international regulatory body; and ensure that the report states that it is
inappropriate to use such information to
(b) have a minimum of five years’ experience at derive estimates of tonnage and grade;
an appropriate level of seniority which is
relevant to the style of mineralisation, type (b) ensure that all descriptions of exploration
of deposit under consideration and to the targets or exploration potential provided in
activity which that person is undertaking. public reports are expressed so as not to
misrepresent them as an estimate of mineral
(4) If a competent person is a member of an international resources or mineral reserves; and
regulatory body other than the PERC, the validity and acceptability
of that regulatory body or the related practising certificate may, if (c) ensure that all isolated assays, isolated drill
required by the Director, be validated by the PERC. holes, assays of panned concentrates or
supergene enriched soils or surface samples
(5) A mineral right holder shall pay all costs and fees are reported in a contextualised manner.
required by PERC in relation to the professional advice provided in
sub-regulation (4). (2) Where a mineral right holder submits an exploration
result in relation to any mineral which is not classified as a mineral
Reporting 12. (1) A public report relating to a mineral right holder’s resource or mineral reserve he shall not be required to submit report
guidelines.
exploration results, mineral resources or mineral reserves shall include of estimates of tonnage and associated average grade.
a description of the style and nature of mineralization.
14. (1) A mineral resources report shall include the location, Reporting
quantity, grade, continuity and other geological characteristics of a mineral
(2) A mineral right holder shall– resources.
mineral resource.
26 27

(2) Mineral resources shall be subdivided in order of (3) Drawings attached to a mine design plan shall be done
increasing geological confidence into inferred, indicated and measured at a scale of at least 1:25000.
categories.
18. (1) The topographic profile refered to in paragraph (a) of Topographic
(3) Sampling shall be conducted of a type and at spacing sub-regulation (1) of Regulation 17 shall depict the slope, gradient, profile.
appropriate to the geological, chemical, physical, and mineralogical drainage and general land use of the site using contour maps and
complexity of the mineral occurrence. toporaghic cross sections.

Reporting 15. (1) Mineral reserves shall be defined through appropriate (2) The mine design plan shall also include a three
mineral assessments which may include feasibility studies and consideration dimensional drawing of the topography or a digital terrain model of
reserves.
and modification by realistically assumed mining, metallurgical, the area.
economic, marketing, legal , environmental, social and governmental
factors. 19. The geographical interpretation referred to in clause (b) Geological
of sub-regulation (1) of Regulation 17 shall contain– interpretation.

(2) Mineral reserves shall be subdivided in order of

increasing confidence into probable mineral reserves and proved (a) a geological map of the mine in plain view;
mineral reserves.
(b) geological cross-sections in the north-south
PART V-–MINE DESIGN FOR OPEN PIT MINES and east-west directions;

Application. 16. This Part applies to the mine design and layout for open pit (c) a geological block-model displayed in three
mines. dimensions;

Mine design 17. (1) A mineral right holder or applicant for a mineral right (d) isopach maps of the thickness of the
plan. shall submit to the Director a mine design plan before the start of overburden and available mineral resource.
operations and the plan shall consist of –
20. The layout of mine referred to in clause (c) of sub-regulation Layout of
(a) topographic profile; (1) of Regulation 17 shall include detailed drawings of the entire mine mine.
in accordance with the geological interpretation of the site showing
(b) geological interpretation; the exact location of –
(c) layout of the mine;
(a) mine boundaries with entrance, position of
(d) pit design or benched slope model; and berms and set back distances from public
roads and watercourses;
(e) scheduling details.
(b) areas under forest cover which shall remain
(2) A mineral right holder shall ensure that the mine design unaffected by the proposed mining;
conforms to the approved programme of mining operations.
28 29

(c) areas under forest cover which shall be (c) the procedure and schedule for the felling,
affected by the proposed mining; storage and disposal of timber in areas to be
mined;
(d) pit limits;
(d) the type, size and capacity of all plant and
(e) all benches with bench height, bench width
equipment to be used in the mining,
and slope angles clearly identified;
transportation and processing of minerals;
(f) processing plants;
(e) the method and rate of removal, storage and
(g) water well or intake ponds and settling ponds; disposal of topsoil and overburden;

(h) stock piles of topsoil, overburden, pit-run, (f) the method and rate of mine de-watering;
processed material, spoil and fill; and
(g) the method of construction of benches,
(i) offices, canteens, roads and related
ramps, berms and haulage roads;
infrastructure.

Pit design or
(h) the method and rate of extraction, storage,
21. The pit design or benched slope model referred to in clause
benched slope processing and disposal of aggregate;
model.
(c) of sub-regulation (1) of Regulation 17 shall include detailed
drawings of each pit or bench slop model in accordance with the
(i) the source and rate of extraction of water for
geological interpretation and contour map of the site in plain view
processing operations;
and cross sections in the north-south and east-west directions,
presented in three dimensions and shall include–
(j) the method and rate of operation of the
processing plant;
(a) all ramps with their widths and gradients
clearly indicated; and
(k) the method of treatment of water for use in
processing operations; and
(b) all berms with their heights, widths and taper
distances clearly indicated.
(l) the method and schedule for the clearing,
Scheduling
storage and disposal of fill from settling
22. The scheduling details referred to in clause (e) of sub-
details. ponds.
regulation (1) of Regulation 17 shall contain detailed descriptions
on– Peer review
23. (1) The Director or the Board has the right to request a
of mine
(a) the production schedule by year for the life peer review of any mine design and the cost of such review shall be design plans.
cycle of the mine up to twenty-five years; borne by the mineral right holder.

(b) the semi-annual production schedule for (2) The peer reviewer shall be –
three years;
30 31

(a) a member or fellow of the Sierra Leone 26. A mineral right holder shall appoint health and safety Health and
sa fety
Institution of Engineers and hold a current officers with at least three years practical experience in mine or plant officers.
annual practising certificate issued by PERC; operations and a qualification in health and safety from an
or internationally recognised body, to provide leadership on routine
and emergency safe operating procedures and environments.
(b) a member of an overseas professional Health and
27. (1) A mineral right holder shall establish a Health and
organisation approved by the Director. Safety Com-
Safety Committee. mittee.

PART VI -–OCCUPATIONAL HEALTH AND SAFETY (2) The Health and Safety Committee shall consist of equal
number of management personnel and trade union bodies.
Health and 24. (1) The Chief Executive Officer shall appoint a Health
safety officer.
and Safety Officer who shall be qualified to manage and supervise (3) The Health and Safety Committee shall be responsible
the health and safety operations in the mine. for the following activities–

(2) If no Health and Safety Officer is appointed the (a) identifying aspects at the workplace that
mineral right holder shall perform the functions of a Health and Safety may be unhealthy or unsafe;
Officer according to the terms of these Regulation.
(b) conducting inspections;
Health and 25. (1) A mineral right holder shall submit to the Director a
sa fety (c) receiving complaints and concerns from
administrative policy statement and a health and safety manual outlining the workers about health and safety; and
requirements. approach and strategy to occupational health and safety.
(d) making recommendations to management on
(2) The health and safety manual referred to in sub- the health and safety of workers.
regulation (1), shall indicate how health and safety practices will be
28. (1) A mineral right holder shall ensure that employees – Health and
integrated into the daily activities of the mining operations. sa fety
training.
(a) undertake a health and safety induction prior
(3) A mineral right holder shall submit monthly reports
to the commencement of any work;
on occupational health and safety to the Director or Chief Inspector
of Mines which shall include statistics of accidents, number of (b) are routinely trained and updated on all
employees, shifts and other pertinent issues as directed by the significant health and safety hazards and
Director. risks in their workplace; and
(c) are advised on avoidance and response
(4) A mineral right holder shall update the health and
measures.
safety manual annually and shall make it accessible to workers, the
Director and any authorised officers conducting health and safety (2) A mineral right holder shall–
related inspections.
32 33

(a) provide appropriate induction training (2) Where an accident occurs resulting in death or
courses for all affected workers when serious injury a mineral right holder –
substantive changes are made in the work
place or a worker moves to a new location; (a) may enter the mining area in order to rescue
any endangered person, remove the injured
(b) train workers on a mine site on emergency or deceased person or remove an article or
response, including the location and proper substance if necessary to prevent the
use of emergency equipment, use of personal occurrence of any further incident;
protective equipment, procedures for raising
an alarm and notifying emergency response (b) shall pay the costs of all clinical examinations
teams, and on the proper response actions and medical tests.
for every foreseeable emergency situation.
(3) Subject to clause (a) of sub-regulation 2, where an
Accident at 29. (1) Where an accident occurs at a mine or works resulting accident occurs resulting in death or serious injury no person may,
mine.
in serious injury, illness or death the mineral right holder shall– without the consent of the Director or Chief Inspector of Mines,
disturb the site at which the incident occurred or remove any article
(a) immediately notify the Chief Inspector of or substance involved in the incident.
Mines of the accident ;
(4) Where an accident occurs resulting in death or serious
(b) conduct an investigation within 24 hours of injury, the Director or Chief Inspector of Mines shall inspect the site
the date of such accident in accordance with and investigate the incident within three days of being notified by
these Regulations; the mineral right holder.

(c) upon completion of the investigation referred 30. (1) A mine manager shall obtain accurate and sufficient Communica-
ting hazards.
to in clause (b) and within 30 days of the information about all potential hazards and risks on site and shall
accident, prepare a report identifying the communicate the hazards and risks to the workers in their area in
underlying causes of the accident, any unsafe accordance with sub-regulation (2)
conditions, acts or procedures that
contributed to the accident and make (2) Permissible methods of communicating hazards to
recommendations to prevent the re- workers include the following–
occurrence of a similar accident; and
(a) general health and safety meetings;
(d) deliver a copy of the report referred to in
clause (c) to the Chief Inspector of Mines (b) safety sign posts;
and the mineral right holder’s Health and
Safety Committee, provided that, if there is (c) safety regulations;
no Health and Safety Committee to the mineral
rights holder. (d) Material Safety Data Sheets (MSDSs);
34 35

(e) safety posters; and (h) employees shall be prohibited from remaining
at work when their ability to perform the job
(f) site based induction programmes. safely is impaired, for example, abuse of
alcohol and drugs;
Safe work 31. (1) A mineral right holder shall ensure that mine managers
procedures. (i) compliance to a mandatory “NO SMOKING”
and authorised persons are provided with training and instruction policy in all buildings except in dedicated
on safe working practices and correct methods of hazard identification smoking areas;
and risk assessment procedures.
(j) the attendance of employees in safety
(2) A mine manager shall take cognisance of the following programmes and training sessions; and
in developing work safety procedures–
(k) horseplay, fighting, harassment (especially
(a) work shall be carried out according to sexual harassment) of any kind shall be
appropriate safe work practices and strictly prohibited.
procedures;
(3) A mineral right holder shall ensure that –
(b) hazard identification and risk assessment (a) exposure to ionising and UV radiation shall
procedures shall be undertaken; be reduced as far as possible;

(c) employees shall wear proper Personal (b) all hazardous (reactive, flammable,
Protective Equipment (PPE); radioactive, corrosive and toxic) substances
shall stored in clearly labelled containers or
vessels;
(d) all accidents, incidents, and injuries as well
as unsafe acts and conditions shall be
(c) the storage and handling of hazardous
reported promptly to the appropriate materials is appropriate to their hazard
authority; characteristics;
(e) first aid skills shall be applied promptly to (d) fire prevention systems and secondary
any injury and the incident must be recorded containment are provided for storage facilities
in a First Aid Logbook; to prevent fires or the release of hazardous
materials to the environment;
(f) only tools that are in good repair shall be
used and shall be used only for the purpose (e) sanitary facilities are well equipped with
for which they were intended; supplies (e.g., protective creams) and
employees shall beencouraged to wash
(g) good housekeeping practices shall be frequently, particularly those employees
maintained daily in all work areas; exposed to dust, chemicals or
pathogens;
36 37

(f) ventilation systems are provided to control (4) A mineral right holder shall ensure that sufficient
workarea air quantity, quality, temperature potable and palatable water which complies with World Health
and humidity; Organisation standards on the quality of water intended for human
consumption is readily available to all employees throughout the
(g) personnel required to work in areas of mine or work site and is clearly identified as drinkable.
temperatures above 31 degrees Celsius or Personal
32. (1) A mineral right holder shall provide employees with
high humidity are allowed to take frequent protective
adequate personal clothing and equipment to protect them against equipment.
breaks away from these areas; all work place hazards and such clothing and equipment shall include
but not limited to footwear, respirators, handgloves, eye protectors,
(h) pre-employment and periodic medical clothing, headgear, weather protection and hearing protection.
examinations are conducted for all personnel,
and specific surveillance programs instituted (2) A mine manager shall ensure that–
for all personnel potentially exposed to toxic
or radioactive substances; (a) all signs or notices directing that persons
wear or use any personal protective clothing
(i) all equipment used at a mine is designed, or equipment in designated areas of the mine
constructed, installed, maintained and are conspicuously displayed;
operated to safely perform any task for which
(b) workers who are required to wear personal
the equipment is used; protective equipment at a mine are instructed
in its proper use, and where appropriate, in
(j) unusually hazardous work is supervised its service and maintenance;
closely and frequently, and only workers who
have been thoroughly instructed with respect (c) all personal protective equipment are
to the unusual hazard and proper work routinely inspected to ensure that they
procedures are assigned to do such work; remain in good working condition and in
accordance with the manufacturer ’s
instructions;
(k) workers including drivers are not required or
permitted to work alone at any worksite if the (d) damaged personal protective equipment are
absence of personal communication with removed from use and immediately replaced;
another person may place the worker’s health
or safety at risk and if a worker is working (e) no person shall work or be present at or near
alone at a worksite, the mine manager or or cause or permit any other person to work
authorised person must ensure that contact or be present at or near any place where there
is made with the worker personally, or by may be danger of falling minerals unless that
radio, telephone or other suitable means, at person wears a hard hat in good condition
and of a type meets British Standards or such
least once every two hours.
other standard approved by the Director.
38 39

Employee’s 33. Every employee shall– 35. (1) A mineral right holder shall– Medical and
duties for workplace
health and compensation
safety. (a) take reasonable care to protect his own health (a) provide medical care for workers at the insurance.
and safety; company clinic or through agreements with
outsourced clinics or doctors desginated by
(b) take reasonable care to protect the health and the company;
safety of other persons who may be affected
by his act or omission; (b) provide guidelines for the medical scheme
which shall include sicknesses that are not
(c) use and take proper care of protective work place injuries and whether dependents
clothing, and other health and safety facilities are included on the scheme (wife and
and equipment provided for the protection, unmarried or unemployed children under the
health or safety of himself and other age of 18 years);
employees;
(c) obtain group personal accident insurance for
(d) report promptly to his immediate supervisor all employees from a registered insurance
any situation which the employee believes company registered in Sierra Leone, or an
presents a risk to his health and safety or international insurance policy approved by
any other person, and with which the the Director.
employee cannot properly deal;
(2) Workplace accident insurance shall cover but is not
(e) co-operate with any person to permit limited to death, permanent disablement and partial disablement.
compliance with the duties and
responsibilities placed on that person in 36. (1) A mineral right holder may sub-contract any of its Contra ctors
and site
these Regulations; and functions to a third party contractor subject to these Regulations. visitors.
(2) A mineral right holder shall –
(f) comply with prescribed health and safety
measures. (a) as far as reasonably practicable, ensure that
all contractors operating on a mining site or
Rights of 34. (1) A worker who is concerned about the health and any other mining related work station are
workers.
safety of a mine shall notify the health and safety officer or the mine competent to do the job safely;
manger and the worker shall remain in a safe place until the problem
is eliminated or controlled to the satisfaction of the health and safety (b) ensure that the terms of all contracts between
officer and the mine manager. himself and a contractor require the
contractor or further sub-contractor to
(2) A worker referred to under sub-regulation (1), may comply with the terms of these Regulations
be assigned alternate duties whilst the investigation and any remedial and the operating manual;
action into a potential hazard are being carried out.
40 41

(3) A mineral right holder who undertakes substantial (2) The Chief Executive Officer and a representative of
work shall develop a safety plan for the proposed work and submit it the Health and Safety Committee shall confirm the list of emergencies
to the mine manager for approval. by surveying the workplace.

(4) The health and safety office shall conduct a safety (3) The Mine Manager shall develop emergency
induction for non-employee or visitors to a mine site or plant and the preparedness and responses for each of the potential emergencies
non employees or visitors shall undergo such induction. identified by the Planning Committee.

Fire safety. 37. The Health and Safety Committee shall prepare general fire (4) The emergency preparedness procedures shall be
developed to reduce and eliminate risk of injury or death or loss to
safety rules that covers the steps to be taken to avoid fires in the
property during a foreseeable emergency and shall be –
workplace and the precautions required to protect persons if there is
a fire including any of the following or a combination of the following
(a) in plain language and give clear instructions;
methods–
(b) as concise or brief as possible;
(a) fire risk assessments of flammable and
explosive substances; (c) reviewed annually and revised to reflect any
changes in the workplace;
(b) identifying ignition sources and sources of
fuel; (d) posted prominently in various areas of the
mine; and
(c) placing fire and smoke detectors in areas that
are not frequently used; (e) tested at least twice annually by way of
emergency drills.
(d) installing fire alarms and checking them
regularly; (5) The mine manager shall–

(e) making available appropriate fire-fighting (a) keep records of each emergency drill test;
equipment; and
(b) ensure that employees are trained in the
(f) train key employees in fire fighting. emergency preparedeness procedures;

Emergency 38. (1) The mine manager shall establish a Planning (c) ensure that every change house and accident
preparedness emergency station contains legibly printed
and response. Committee to prepare a list of emergencies which may occur at the
directions describing approved procedures
workplace, including but not limited to serious injuries, explosions,
for the immediate treatment of the following
floods, poisoning, electrocution, fire , release of radioactivity and
types of medical trauma–
chemical spills.
42 43

(i) heat stroke; 42. No person shall make any deduction from worker’s wages Workers not
to pay for
or permit to make any payment to any person, in respect of anything sa fety
(ii) heat exhaustion; which the mine manager or mineral right holder is obliged to provide measures.
relating to the health and safety of workers
(iii) drowning; and

(iv) electric shock, 43. (1) Where the Chief Inspector of Mines, after Prohibition
consultation with independent technical experts, is of the opinion by Chief In-
and that each set of instructions shall be displayed conspicuously in that a mine or any part of a mine or any matter, thing or practice at spector of
high visibility areas. mine or connected with the control or management of a mine or is Mines.
liable to become dangerous to the safety or health of any person
Notices. 39. (1) The mine manager shall ensure that notices detailing– employed at the mine, serve a notice on the mineral right holder–

(a) the prohibition of any unauthorised person (a) stating that the Chief Inspector of Mines is
from handling or interfering with electrical of that opinion; and
apparatus;
(b) giving particulars of the Chief Inspector of
(b) directions on the procedure in the case of a
Mines’ reasons for the opinion.
fire;
(2) The Chief Inspector of Mines may by notice under
(c) directions for the treatment of persons
sub-regulation (1)–
suffering from electric shock;
(a) impose upon the mineral right holder,
shall be exhibited at suitable places within every electricity generating
prohibitions and restrictions and require the
station and sub-station.
mineral right holder to carry out such works
Medical or do such things as appear to the Chief
40. The mine manager shall engage the services of a certified
practitioner Inspector of Mines to be necessary for
or paramedic. medical practitioner or an advanced life support paramedic who shall
safeguarding the safety or health of workers;
be present during working hours.
(b) direct the mineral right holder to cause the
First aid. 41. (1) A mineral right holder shall hire a competent person mine or any part of the mine –
to train workers on emergency first aid.
(i) to be evacuated immediately; or
(2) The mine manager shall appoint a number of workers
who shall be trained on emergency first aid and certified by the Red (ii) to be closed, either indefinitely or for
Cross Society such period as specified by the Chief
Inspector of Mines;
(3) The mine manager shall ensure that at least one
certified worker referred to in sub-regulation (2) is on duty during (3) A prohibition, restriction or requirement imposed, or
working hours. a direction given by the Chief Inspector of Mines may –
44 45

(a) be subject to such exemptions as are set out 47. (1) A mineral right holder shall – Air quality.
in the notice, and
(a) conduct periodic monitoring of work place
(b) operate either indefinitely or for such period air quality for air containments which are
as is set out in the notice. releant to the employee’s tasks and the plant’s
operations;
(4) The Chief Inspector of Mines may, in any notice
served under this Regulation, require the notice to be complied with
(b) maintain ventilation, air contaminant control
immediately or within a period specified in the notice.
equipment, protective respiratory equipment
(5) If a notice under this Regulation cannot be readily and air quality monitoring equipment.
served on the mineral right holder and the circumstances necessitate
that the action required by the notice be taken immediately, it may be (2) The mine manager shall ensure that protective
served on the next most senior official at the mine. respiratory equipment is used by workers when the exposure levels
for welding fumes, solvents and other materials present in the
(6) If a notice is served by the Chief Inspector of Mines workplace exceed local or internationally accepted standards or the
on the next most senior official at a mine pursuant to sub-regulation following threshold limit values (TLVs) –
(5), the Chief Inspector of Mines shall, as soon as practicable, serve
a signed copy of the notice on the mineral right holder. (a) arsenic 0.5 mg/m;

(7) The Chief Inspector of Mines may vary or revoke any (b) carbon Monoxide 29 mg/m3;
notice issued under this Regulation.
(c) copper 1 mg/m3;
PART VI-–WORK PLACE STANDARDS
(d) free silica 5.0 mg/m3;
Incompetent 44. The mine manager shall not employ an incompetent,
person.
unskilled or inexperience person to work in a mine or any mine related (e) hydrogen cyanide 11 mg/m3;
worksite.
(f) hydrogen sulfide 14 mg/m3;
Underage 45. (1) Subject to sub-regulation (2) no person shall employ
employment. a person under the age of 18 years to work in a mine. (g) lead, dusts and fumes, as Pb 0.15 mg/m3;

(2) A person between the ages of 16 and 18 years may (h) nitrogen dioxide 6 mg/m3;
work in a mine solely as part of a course of certified vocational
education or training provided that that person is under the constant (i) particulate (Inert or Nuisance Dusts) 10 mg/
and direct supervision of a person over the age of 18 years. m3; and
Disobedience. 46. A person who fails to obey a lawful order given to him by (j) sulfur dioxide 5 mg/m3
a person lawfully authorised to issue such order commits an offence.
46 47

Sampling of 48. A mineral right holder shall ensure that– (6) The mine manager shall ensure that every
dust. development end, except for those for which an exemption has been
(a) a competent person or a person under the
provided in writing from the Director, is tested by a competent person
direct supervision of a competent person
for flammable gas at the beginning of each shift.
takes samples of the dust present in the air
throughout the mine at places determined by
(7) Where there is a stoppage of a main fan, the mine
the competent person;
manager shall ensure that–
(b) sampling shall take place at regular intervals
of not less than every three months; and (a) immediate steps are taken to withdraw all
persons from such an area to a place of safety;
(c) the competent person shall keep a detailed
record and log of the time, place and results (b) upon arrival of such persons at the safe area
of sampling. all electrical power supplied to the work areas
which are supplied by the faulty fan are
Ventilation. 49. (1) This regulation shall apply to surface mines and turned off;
underground mines respectively. (c) no persons other than a competent person
(2) A mineral right holder shall ensure that each part of responsible for making all necessary
the mine is properly ventilated in order to maintain a safe and healthy examinations and tests to determine the
working environment and that the level and quality of ventilation will reason for which the fan has ceased to work
render harmless any flammable or noxious gases and dust in the air. shall be permitted entry into the area whilst
the fan is incapacitated, provided that the
(3) The mine manager shall ensure that development end Mine Manager shall provide the competent
are ventilated by means which will ensure that all harmful dust, smoke person with protective clothing and safety
and fumes deriving from any blast or process which may produce equipment, as applicable; and
noxious fumes or gases are effectively expelled before the expiry of (d) no other electrical power to the area covered
each interval period prescribed by the mine manager. by the fan shall be switched on until after the
main fan has been re-started.
(4) The mine manager after consultation with a competent
person shall determine and promptly inform the Director of a minimum 50. A mineral right holder shall, where feasible– Noise.
interval time period between blasts or any other process which may
produce noxious fumes or gases, during which ventilation processes (a) employ administrative and engineering
must be implemented in order to keep the area free of noxious fumes controls, including sound-insulated
and gases. equipment and control rooms to reduce the
average noise level in normal work area;
(5) The mine manager or supervisor shall ensure that no
person shall enter an area in which blasting has taken place until the (b) ensure that workers are not exposed to a
expiry of a period of time fixed in writing by the mine manager in TWA (Time Weighted Average) of more than
consultation with a competent person. 85dBA for a period of 8 hours; and
48 49

(c) ensure that personal hearing protection is 53. No person except a competent person or a person under Cyanide.
used when workers are exposed to noise the immediate supervision of a competent person shall handle or
levels above 85dBA. move any compound of cyanide which is likely to produce harmful
dust or noxious or inflammable gases unless such compound is in a
Vibration. closed and airtight container and the Mine Manager or authorised
51. (1) A mineral right holder shall ensure that–
person ensures that that person is using adequate protective clothing
and safety equipment.
(a) hand-arm vibration is reduced as best as
possible; and 54. A mineral right holder shall ensure that the illumination at a Illumination.
worksite is sufficient to enable workers to perform their work safely.
(b) every worker shall identify and report to the
55. A mineral right holder shall establish standard operating Confined
mine manager, all hazardous machines, tools spaces.
procedures that ensure that –
and processes which cause tingling or
numbness in the hands after a few minutes (a) prior to entry and occupancy, all confined
of use. spaces (e.g., tanks, sumps, vessels, sewers,
excavations) are tested for the presence of
(2) The Mine Manager shall ensure that – toxic, flammable and explosive gases or
vapours and for the lack of oxygen;
(a) suitable tools and machines are used in order (b) adequate ventilation is provided before entry
to cut down vibration; and and during occupancy of these spaces;

(b) such tools and machines are maintained in (c) personnel use air-supplied respirators are
accordance with the manufacturer ’s used when working in confined spaces that
are likely to be contaminated or deficient in
specification. oxygen during the period of occupancy; and
Noxious or 52. (1) Subject to sub-regulation (2) no person shall enter (d) observers or assistants are stationed outside
inflammable
flames or any pit , tank vessel or chamber which is likely to contain noxious or confined spaces to provide emergency
gases. inflammable flames or gases or contains an atmosphere which is assistance, if necessary, to personnel working
deficient in oxygen until it has been declared safe to do so by a inside these areas.
competent person. 56. (1) If a part of a mine is dangerous due to the presence of Dangerous
mine.
flammable or noxious gases, every worker shall immediately withdraw
(2) A competent person may enter a pit, tank, vessel or from the dangerous area and notify the mine manger who, subject to
chamber referred to in sub-regulation (1) for conducting tests or sub-regulation (2), shall not permit any worker to resume work in the
examinations and making the area safe, provided that the mine area until he or the supervisor is satisfied after consultation with a
manager ensures that that person is using adequate protective competent person that the area is safe to work.
clothing and safety equipment.
50 51

(2) The Mine Manager or supervisor shall permit a (b) sewage sludge are disposed of in a way that
competent person or a person under the direct supervision of a minimises environmental damage;
competent person to enter a potentially dangerous area if such person
is responsible for the erection of brattice to aid ventilation or to (c) solvents and similar hazardous materials are
conduct any other procedures to aid the clearing of the dangerous not disposed of in a manner likely to result in
gases and ensures that that person is using adequate protective soil or groundwater contamination;
clothing and safety equipment.
(d) waste rock dumps are designed and
Liquid. 57. (1) Mineral right holders shall ensure that all liquid engineered so that materials with high
effluent effluent discharge to receiving waters from tailings potential to generate acid leachate are
impoundments, surface impoundments, mine drainage, sedimentation isolated from oxidation or percolating water.
basins, sewage systems and storm water drainage and do not exceed Radiation.
the levels set out in the following guidelines for safe effluent 59. A mineral right holder shall –
discharge–
(a) apply to the Nuclear Safety and Radiation
Protection Authority for permission to store
(a) pH 6 to 9;
and dispose of radioactive substances;
(b) BOD5 50 mg/l;
(b) ensure that exposure to ionising radiation and
UV radiation shall be reduced as far as
(c) oil and grease 20 mg/l; possible.
(d) total suspended solids 50 mg/l; 60. (1) A mineral right holder of an open pit mine or Change house.
underground mine shall–
(e) temperature - at the edge of Max 5° C above
ambient temperature; and (a) provide and maintain suitable change houses
and washing facilities to enable employees
(f) a designated mixing zone of receiving waters who perform work involving hazardous
- max 3° C if receiving waters >28°C. substances to change clothes at the start and
end of a shift and to wash themselves at any
(2) The parameters in sub-regulation (1) shall not apply time;
to direct discharge of tailings into the marine environment.
(b) provide readily available latrine facilities for
Solid waste 58. A mineral right holder shall ensure that– men and women within a reasonable
disposal. distance from each working place.
(a) solid waste are recycled or reclaimed where
possible and if recycling or reclamation is not (2) The mine manager shall determine the number of
practical, solid waste shall be disposed of in change houses and latrine facilities provided that they shall not be
a way that minimises environmental damage; less than one facility for every 50 workers.
52 53

Housing 61. Where a mineral right holder provides accommodation for (3) No person shall take intoxicating liquid into a mine or
a ccommo-
dation.
workers, such accommodation shall– any place of work unless that person has the special permission of
the mine manager .
(a) have sufficient supply of wholesome water
to the reasonable satisfaction of the District (4) No workman shall have intoxicating liquid in his
Medical Officer; possession during working hours.
(b) be a reasonable distance from facilities for
63. (1) No person shall pollute the working area with faeces Pollution.
the workers to obtain food and fuel;
or urine.
(c) include sufficient and proper sanitary
arrangements to the reasonable satisfaction (2) The Mine Manager shall take appropriate measures
of the District Medical Officer; to ensure that no effluent from any sewerage system shall contain
injurious matter in suspension or solution.
(d) have drainage facilities to the reasonable
satisfaction of the District Medical Officer; 64. (1) Notwithstanding the Factories Act, all issues relating Jurisdiction.
to the operation of machinery within a licensed mining area that does
(e) have arrangements for the removal and not directly affect the general public shall be within the purview of
disposal of refuse and waste products to the the Director.
reasonable satisfaction of the District Medical
Officer; (2) All issues relating to mine operating machinery within
or outside its licence area which affects the general public shall be
(f) sufficient latrines, incinerators and dust-bins
subject to general applicable laws and regulations and in such
to the reasonable satisfaction of the District
circumstances, the Director shall consult with and seek concurrence
Medical Officer and of a structure, design
from all relevant authorities in providing appropriate directions.
and arrangement as the District Medical
Officer shall approve; and
65. (1) A mineral right holder shall ensure that mining Safety of
machinery.
(g) precautions against the spread of infectious operations contain measures that prevent injury to due to machinery
diseases. failure caused by–

Intoxication. 62. (1) No intoxicated person or a person in any condition (i) incorrect design;
which may render the person incapable of taking care of himself shall
enter a mine or any other worksite or be close to any machinery on (ii) incorrect installation;
the surface of a mine.
(iii) poor maintenance; or
(2) A person who contravenes sub-regulation (1), commits
an offence and shall be removed immediately by the mine manager (iv) incorrect use or non-compliance with
and the necessary disciplinary action shall be taken against the person proper operating or safety procedures.
concerned.
54 55

(2) A person who detects any defect which could make (b) where the moving of machinery poses a
the operation of any operating machinery unsafe shall immediately significant risk to any person, such
report the defect to the Mine Manager or authorised person. machinery is only moved under the constant
supervision of a competent person who is
(3) A mineral right holder shall ensure that all machinery fully aware of the risks attached to such
employed at the mine is of a reputable safety standard and conforms moving of the machinery;
to these Regulations and to British Standards or such other standards
(c) only authorised persons shall enter any area
as may be approved by the Director.
where machinery is operated, where such
Training on operation may pose a significant risk to any
66. (1) The mine manager shall ensure that a worker is–
use of person;
machinery.
(a) given adequate instruction and training in (d) machinery is only operated if all installed
safety procedures and systems of work in safety devices are operational and functional;
the task required of the worker;
(e) persons in close proximity to moving parts
(b) assessed before commencing work to ensure of machinery do not wear or are not permitted
that the he is competent to perform the tasks to wear clothing or anything else that can be
he will be assigned and to operate any plant caught in such moving parts;
and equipment the employee will be required
to operate; and (f) where the unexpected moving of any
machinery or any part of any machinery could
(c) retrained and reassessed whenever systems pose a significant risk to any person,
of work or plant and equipment are changed, appropriate prestart warning devices, such
or new systems of work or plant and as audible warning devices are fitted to such
equipment are introduced. machinery and used to warn persons that
such machinery is about to be set in motion;
(2) The mine manager shall ensure that –
(g) machinery is fitted with a delay time
(a) a record is made of any instruction, training, mechanisms which must be determined by
retraining, assessment or reassessment given risk assessment and have an appropriate time
as required under this Regulation; and delay;

(b) the record is kept for the full duration of the (h) where there could be a significant risk to any
worker’s employment. person working on any machinery due to the
release from such machine of any mechanical,
Machinery 67. (1) The mine manager shall ensure that– electrical, hydraulic, chemical or other source
sa fety of energy, a written lockout procedure is
measures.
(a) only authorised persons operate and maintain prepared and implemented to ensure that such
a machine where such operation and source of energy is effectively locked out and
maintenance may pose a significant risk to de-energised before any person works on
any person; such machinery;
56 57

(i) access scaffolding is erected, used, (a) all earth moving equipment used at the mine
maintained and dismantled safely; are fitted with roll over protective structure
or a cab that has been approved by the
(j) means are provided, on or in close proximity manufacturer to be a roll over protected
to any machine, to immediately remove the structure;
source of power to that machine in case of an
Emergency; (b) every agricultural tractor used at the mine is
fitted with a roll over protective structure;
(k) where the starting of machines are and
interlocked, no unintended starting of any of (c) if any roll over protective structure fitted to
those machines can take place; a vehicle referred to in paragraph (a) or (b) is
structurally damaged, the vehicle is
(l) starting devices are so arranged that no withdrawn from service until the structure is
accidental starting of machinery can take repaired, replaced or restored to a fully
place; functional condition.

(m) all electrical, pneumatic and hydraulic (3) The Mine Manager shall ensure that–
portable equipment are operated and
maintained in a safe working order; and (a) every vehicle contains operator protective
devices;
(n) the external moving parts of all machinery
(b) each vehicle used at the mine is fitted with
which is situated within the proximity of
seat belts and seat belt anchorage points that
workers shall be illuminated whilst in conform with Sierra Leone Road Transport
operation such that they are clearly visible Authority Standards or similar, and if any seat
to workers working around them. position is added to a vehicle, the seat is fitted
with a seat belt and seat belt anchorage point
(2) The Mine Manager shall ensure that when a that conforms with the same standard;
compression ignition engine system is detected to have any defect
which may cause a significant risk to the safety or health of persons, (c) a seat referred to in clause (b) which is a
the use of such engine system is discontinued immediately. suspension seat, the seat belt anchorage must
be attached to the seat assembly and the seat
Light and 68. (1) The mine manager shall not allow light or heavy belt fitted with the appropriate retractor;
hea vy
equipment.
equipment to be driven unless the brakes, steering, warning signal
and lights are in good working condition and the equipment contains (d) that a vehicle is not used at the mine unless it
adequate seatbelts. is equipped and maintained with suitable
brakes capable of effectively stopping and
(2) The Mine Manager shall ensure that – holding that vehicle fully loaded under any
conditions of operation when being driven;
58 59

(e) that the following types of equipment which (vi) that the area between the loading unit
are required to travel on any incline greater and the material being loaded, and the
than 5% are equipped with independent area traversed by the loading bucket
braking systems for use in an emergency in during loading operations is kept clear
the event of failure of the primary braking at all times.
system–
(4) These Regulations shall not apply to any vehicle that,
(i) wheeled earth moving equipment; and immediately before the commencement date was being used at a mine
and was not fitted with the roll over protective structure required
(ii) any other vehicle to which it is under this Regulation, until the expiration of 24 months from the
practicable to fit such a system. commencement date.
(f) each vehicle is maintained in good order and (5) A person shall not–
condition, and a competent person tests and
if necessary, adjusts the brakes of each (a) while occupying a seat position in a vehicle
vehicle to ensure that they operate in which a seat belt has been fitted for that
effectively; seat position, drive or travel in that vehicle at
a mine unless the person is wearing that seat
(g) all vehicles used at a mine are equipped with– belt and the seat belt is properly adjusted
and securely fastened;
(i) effective headlights, tail lights and turn
indicators; (b) leave a vehicle unattended unless it is parked
in a safe manner with the controls in the
(ii) an effective audible warning signal, correct position for parking and the parking
which can be sounded when the vehicle brakes fully applied;
is about to be moved if clear vision
immediately in front of and behind the (6) A driver of a vehicle used at a mine shall–
vehicle is not available to the driver;
(a) sound the warning signal when the vehicle
(iii) adequate seating for the driver and any is about to be moved if clear vision
passengers; immediately in front of and behind the vehicle
is not available to the driver;
(iv) a flashing light on the cab of all light
(b) ensure that a flashing light on the vehicle is
servicing vehicles and vehicles used to
operated when the vehicle is being used in
transport personnel; an area designated by the Mine Manager.
(v) any passengers seated in the load body (7) The requirements in these Regulations relating to the
of a vehicle are seated correctly; and operations and safety of trackless transport machinery shall also
apply to all heavy vehicles and earth moving equipment.
60 61

Air com- 69. (1) A mine mangager shall ensure that– (a) satisfactory apparatus for showing the
pressors and
compressed
internal pressure; and
air.
(a) air compressors with a free delivery in excess
of 0.15 meteres per second are fitted with (b) a lock-up relief, safety valve or other
atomatic means of limiting the operating apparatus capable of automatically
temperature and pressure of the compressor preventing any undue accumulation of
to a safe level where compression takes place pressure above the safe working limit of the
in lubricating oil; vessel.
(b) compressed air, gas receivers, intercoolers,
(2) The Mine Manager shall test or procure a competent
and their connections to air or gas cylinders
are kept clean and free from carbonized oil or person to test such apparatus at intervals not exceeding three years
other materials liable to ignite and shall be and such testing shall take place by hydraulic pressure to the extent
examined by a qualified engineer or other duly of one and one-third times the working gauge pressure.
authorised and competent person on a regular
(3) The mine manager shall ensure that a written record
basis and at intervals not exceeding twelve
of such test, signed by the competent person conducting the test is
months;
held by the relevant mineral right holder.
(c) the supply of air for compressed air receivers
are drawn from the purest and coolest source 71. (1) The mine manager shall ensure that– Lifting
equipment.
available;
(a) lifting equipment is of good mechanical
construction, sound material and adequate
(d) before using a hose to transfer any
strength, free from any visible defects and
compressed air, the person using that hose
must ensure that all connections in the hose properly maintained;
length are coupled and secured so as to (b) lifting equipment and lifting tackles are only
prevent accidental disconnection and a operated by a competent person and no
person must not use compressed air for person is injured due to the failure of any
cleaning purposes in a workplace if the use lifting equipment or lifting tackle as a result
of the compressed air is likely to generate of–
dust.
(i) incorrect installation;
(2) No person shall use or permit any person to use,
compressed air in such a manner that might endanger the health or (ii) insufficient maintenance ; or
safety of any person.
(iii) incorrect design for the intended
High pressure 70. (1) The mine manager shall ensure that cylinders ,
compressors.
application.
receivers or other vessels that are subject to a higher pressure except
the working cylinders or chambers of heat- engines, air engines or (c) lifting operations conform to the following –
portable gas cylinders are fitted with–
62 63

(i) only lifting equipment and lifting tackle (d) systems of work necessary for the safe use
with defined safety parameters shall be of the plant;
used;
(e) knowledge, training or skill necessary for
(ii) lifting equipment and lifting tackle are persons undertaking inspection and testing
not used beyond their design capacity of the plant; and
and
(f) emergency procedures relating to the plant.
(iii) the safe working load of any lifting
equipment and lifting tackle is 73. (1) The mine mangaer shall ensure that– Maintenance
and operation
conspicuously and clearly marked or of plant.
indicated thereon. (a) risk reduction and mitigation are methods
implemented to identify any hazards
(d) the installation, use (including the transport associated with the plant and asses the risks
of persons), maintenance, inspection, testing of an employee being exposed to those
and keeping of records of lifting equipment hazards and take practical measures to reduce
and lifting tackle are done in accordance with those risks; and
a written operating procedure by a
(b) the plant is not operated in such a way as to
Competent Person prepared and
exceed the safe working load of the plant.
implemented for that purpose.
(2) The Chief Executive Officer shall ensure the
(2) All inspections of lifting gear shall be undertaken bi-
annually by a competent person. implementation of the following methods and practices of risk
reduction and mitigation are employed–
Design and 72. A mineral right holder shall ensure that the manufacturer of
manufacture (a) the plant is manufactured, inspected and
of plant. a plant is provided with sufficient information by the designer to where required, tested according to British
allow the plant to be manufactured in accordance with the design Standards or such other standared as may
specification and as far as practicable provide information relating be approved by the Director, having regard
to– to the Designer’s specifications;
(a) the purpose for which the plant is designed; (b) if after supply to a mine, any plant is found to
have a fault that may affect the health or
(b) testing or inspections to be carried out on safety, the person to whom the plant was
the plant; supplied is advised of the fault and what is
required to rectify it;
(c) installation, commissioning, operation,
maintenance, cleaning, transport, storage and (c) sufficient access and egress to the parts of
(where plant is capable of being dismantled) the plant that require cleaning or
dismantling of the plant; maintenance;
64 65

(d) sufficient access to the relevant operator’s (g) operational controls are–
workstation for normal and emergency
conditions; (i) suitably identified on plant so as to
indicate their nature and function;
(e) emergency lighting, breathing apparatus,
safety doors and alarm systems, if access to (ii) located so as to be readily and
the plant is required as part of its normal conveniently operated by each person
operation and Emergency conditions where using the plant;
persons may become entrapped and at risk
of being exposed to hazards due to heat, cold (iii) located or guarded to prevent
or lack of oxygen; unintentional activation; and
(f) attempting to reduce, as far as is practicable,
any risk of exposure to a hazard created by (iv) able to be locked into the “off ” position
dangerous parts during operation, to enable the disconnection of all motive
lubrication, adjustment or maintenance and power and forces;
ensuring that any guarding provided for plant
and its operation comprises– (h) ensuring that–

(i) a permanently fixed physical barrier in (i) if practicable, the plant does not need
the case where no person requires to be operating while maintenance and
complete or partial access to the cleaning is taking place;
dangerous area during normal
operation, maintenance or cleaning; (ii) if it is not practical to eliminate the need
for plant to be operating while
(ii) an interlocked physical barrier in the
maintenance and cleaning is taking
case where a person may require
place, operational controls which permit
complete or partial access to the
controlled operation of the plant are
dangerous area during normal
operation, maintenance or cleaning; or provided;

(iii) a physical barrier securely fixed in (iii) plant that is designed to be operated or
position by means of fasteners or other attended by more than one person and
suitable devices sufficient to ensure that which has more than one control fitted,
the guard cannot be altered or removed has multiple controls of the “stop and
without the aid of a tool or key and if lock off” type, so that the plant cannot
none of the guards described in sub- be restarted after a stop control has been
clauses (i), (ii), or (iii) are practicable, by used unless each stop control has been
providing a presence sensing safeguard reset; and
system.
66 67

(i) ensuring that emergency stop devices– (a) must adequately address any hazard
identified, and include one, or a combination
(i) are prominent, clearly and durably
of a visual inspection of the plant and its
marked and immediately accessible to
each operator of the plant; associated environment, auditing, testing, a
technical or scientific evaluation, an analysis
(ii) have handles, bars or push buttons that of injury or near- miss data, discussions with
are coloured red; and designers, manufacturers, suppliers,
(iii) will not be affected by electrical or importers, employers, employees or any other
electronic circuit malfunction, relevant party and a quantitative hazard
analysis;
Hazards 74. (1) A mineral right holder shall –
identification. (b) may be carried out either on individual items
(a) identify all reasonably foreseeable hazards of plant or, where multiple items of plant of
associated with plant before and during the the same design are installed and are intended
introduction of plant at the work site before for use under conditions that are the same
and during– for all practical purposes, the assessment may
be carried out on a representative sample,
(i) any alteration to the plant;
but if the risk associated with the plant may
(ii) any change in the way the plant is used; vary from operator to operator, a separate
assessment of the risk to each operator of
(iii) any change in a system of work the particular plant shall be carried out on
associated with the plant, including, each item of plant.
where appropriate, a change in the
location of the plant which is likely to 75. (1) A mineral right holder shall– Electrical
machinery
involve a risk of a person being exposed (a) ensure that before any electricity supply systems.
to a hazard;
exceeding 2500 kilowatts is introduced at a
mine, notice of intention shall be given to
(b) ensure that steps are taken to mitigate against
the power authority and the mineral right
and reduce any risk of exposure to a hazard
identified as arising from the plant. holder shall ensure that electrical installations
and equipment are approved by a PERC
(2) A mineral right holder shall identify all reasonably registered competent person;
foreseeable hazards that may become apparent as a result of becoming
(b) maintain plans clearly showing the positions
aware of new safety or health information relating to the plant or its
and size of all electrical apparatus whether
associated systems of work and shall promptly assess the risk of
exposure of a person to each identified hazard, if any. above or below ground and showing the
isolating arrangements of the various circuits
(3) An assessment– of the system, and such plans shall be kept
current and be open to inspection by any
Authorised Person;
68 69

(c) ensure that where any electrical apparatus is (4) Where such notice has been displayed no
installed the following information shall be unauthorized person shall enter therein.
clearly and legibly displayed on durable
material and in appropriate places– (5) Where any such places or premises are for any reason
unattended the person in charge thereof shall keep the same closed
(i) a notice warning persons of the and locked.
proximity or presence of dangerous
electrical apparatus; and 76. (1) The mine manger shall ensure that– Electrical
sa fety
(ii) a notice prohibiting unauthorized (a) all accessible metallic portions of every requirements.
persons from handling or interfering electrical apparatus which though normally
with electrical apparatus of any not forming part of an electrical circuit may
description. accidentally become live at a pressure
exceeding low pressure to earth, shall either
(2) The Mine Manager shall ensure–
be protected by an insulating covering or
(a) that in every mine where the designated power shall be connected to earth by a conductor
rating of machinery used in the generation of of adequate cross-sectional area;
power together with power supplied from an
(b) all flexible wire for electrical apparatus,
external source does not exceed 2500
alternating currents or for apparatus above
kilowatts, all receiving machinery shall be
150 volts direct current shall be connected to
under the charge of a competent person who
the system either by permanent joints or
shall be appointed in writing by the Mine
connections or by a properly constructed
Manager;
connector;
(b) that a notice providing instructions for the (c) a lamp-holder shall not be in metallic
resuscitation of persons suffering from connection with the guard or other metal
electric shock is displayed near the entrance work of an electrical lamp;
to each room, enclosure or other place at the
mine that is used principally for the (d) no examination, repairs, or alterations
installation or maintenance of electrical necessitating the approach to or the handling
equipment; of electrical apparatus shall be carried out
while such apparatus is live unless such work
(3) Any premises with electricity generating plants, is done by or under the constant personal
transforming, switching or linking apparatus shall be adequately supervision of a competent person;
fenced off or enclosed and at the entrance to each such place or
premises the mine manager shall cause to be displayed a legible (e) in all works and in any place where the
notice, constructed of durable material prohibiting entry of voltage exceeds low voltage, the electrical
unauthorized persons. apparatus and its flexible wire shall be
70 71

controlled by means suitably located and (4) A mineral right holder shall ensure that in any premises
capable of cutting off the voltage and the in which electrical operations are installed and there is a risk of igniting
metal work shall be earthed independently of gas, coal-dust or other explosive material, flame-proof or explosion-
any flexible metallic conductor cover; proof apparatus shall be installed by a competent person.
(f) whenever any work is to be carried out on Electrical
77. (1) A mine manager shall ensure that–
any electrical apparatus it shall be maintenance.
disconnected from all sources of supply and
(a) all electrical maintenance are undertaken by
all adequate precautions shall be taken by
earthing or other means; a competent person who shall keep detailed
records of each maintenance inspection in a
(g) that electrical apparatus or conductor are log book;
prevented from becoming accidentally or
inadvertently charged whilst persons are (b) electrical equipment having a voltage of 440
working on them. volts or more such as stations, substations
or control panels motorised equipment are
(2) Where a worker is employed in any site area which maintained under a preventive\maintenance
contains– program specific to the applicable
establishment and shall include periodic
(a) electrical apparatus or pendant lamps with inspections in accordance with the manu-
switches for alternating currents; facturer’s instructions;

(b) voltages in excess of 150 volts; or (c) control devices for electrical equipment are
locked in the open position to prevent such
(b) any electrical apparatus which is reasonably equipment from being energized while work
likely to produce an electrical shock should is being done on it.
the metal work of such apparatus become
charged, (d) locks are placed and removed only by the
persons carrying out the work on the
the Mine Manager shall ensure that all metal work is efficiently earthed
electrical equipment and each person working
and that any flexible metallic covering shall itself be efficiently and
on the electrical equipment shall install their
independently earthed.
own personal lock which may only be
(3) No person other than a competent person or any removed by that person;
person acting under the competent person’s immediate personal
supervision, may enter any transformer house or switch-house unless (e) electrical machinery and conductors are
all live conductors therein which are not adequately insulated against sufficient in size for the work they do and are
the possibility of inadvertent human contact are effectively bratticed selected, arranged, installed, protected,
off. worked and maintained so as to p r e v e n t
danger as is reasonably practicable;
72 73

(f) where electrical energy is transformed (c) switchboards which can only be accessible
suitable provision is made to guard against from the back through an opening in the wall
danger of lower voltage apparatus becoming or partition against which they are placed are
accidentally charged above its normal voltage operated such that the opening is kept closed
by leakage from or contact with h i g h e r and locked;
voltage apparatus.
(d) switch-gear, terminals, cable ends, cable
(2) Electrical maintenance referred to in sub-regulation
(1) shall include– joints and other connection of every electrical
apparatus are taped and well insulated to
(a) monthly examination and testing of all prevent accidental contact by persons and
equipment and cables; danger from electrical faults, fire and water.
(b) quarterly examination, testing and tagging of
79. (1) Where high voltage equipment is installed the mine Overhead
any portable apparatus that is normally used
in heavy operating environments such as manager shall appoint one or more competent persons to be
workshops, mining areas, processing areas, responsible for the high voltage installations at the mine.
construction sites and similar places;
(2) When designing the overhead power lines the
(c) routine testing of the effectiveness of the minimum factors of safety shall apply to each support and shall refer
earthing system, the continuity of earthing to the breaking load of the structure.
conductors and the adequacy of electrical
insulation; and (3) The minimum factors of safety shall be approved in
writing by the Chief Inspector of Mines
(d) the monthly testing of earth leakage
protection devices and earth continuity
(4) Overhead lines may be erected along or across
protection devices required to be in sta ll ed
thoroughfares, roads, railways, tramways or buildings subject to the
in a quarry operation, on a part of a dredge
other than a floating treatment plant or in an prior written approval of the Chief Inspector of Mines subject to
underground mine. such conditions as he may consider necessary.

Switchboards 78. The mine manager shall ensure that– (5) Overhead line conductor shall cross over or under
and switch-
gears. anyother line conductor without efficient precautions being taken to
(a) all switchboards are adjusted to have a clear prevent the contact of such conductors.
space at the back of at least one metre.
(6) The minimum vertical height of electrical conductors
(b) the clear space referred to in clause (a) is not and other wires from the ground, except in the case of electric trolley
obstructed and is kept closed and locked wires and service lines for lighting domestic use and telephone lines,
except during periods of inspection, alteration
shall be five metres.
or repair;
74 75

(7) No overhead lines shall be erected closer than 100 (a) have connections to their conductors made
metres to any explosive magazines except with the prior written at properly constructed joints only;
approval of the Chief Inspector of Mines who may consult with a
competent person to ascertain whether this is appropriate. (b) be protected by a suitable metallic covering
electrically continuous throughout; and
(8) All supports shall be of substantial construction and
shall be placed at intervals of not more than 70 metres apart when the (c) be earthed and adequately supported.
direction of the line is straight, and of not more than 50 metres apart
(2) The Mine Manager shall ensure that–
when the line is not straight, provided that such intervals may be
varied with written approval of the Chief Inspector of Mines who (a) excavation work is not commenced within the
may consult with a competent person to ascertain whether this is vicinity of buried cables unless a permit to
appropriate. do so has been issued by the Director;
(9) Service lines shall be connected to line conductors at (b) all underground cable positions must be
a point of support only and shall be efficiently insulated. clearly demarcated on the site survey plan.
(10) All systems of overhead lines shall be suitably (3) The Director shall not issue a permit referred to in
protected against the effects of atmospheric electricity. clause (a) unless he is able to clearly identify the location of the
planned excavation work and may include in the permit any
(11) No telephone lines shall be placed on the same support
precautionary measures that need to be taken by the applicant.
as other overhead lines except for the purpose of direct communication
between power houses and sub-stations and only with the prior Trailing
81. A competent person shall ensure that a trailing cable and
approval of the Chief Inspector of Mines. cables and
reeling cable at a mine– reeling cables.
(12) All conductors on overhead lines must be efficiently
(a) conforms to UL standards or such other
insulated and secured, and every precaution shall be taken to prevent
standards approved by the Director;
such conductors from falling away from their supports.
(b) incorporates a pilot core arranged to cut off
(13) Adequate means shall be provided to render any such
the supply of electricity in the event of a
live conductor dead in the event of its falling, due to breakage or
break in the earthing circuit;
otherwise.
(c) is installed, located and used in a way that
(14) Every overhead line, including its supports and all
minimizes the risk of damage to the cable and
structural parts and all electrical appliances and devices belonging
to any connecting or coupling device; and
to or connected with the line, shall be regularly inspected and
efficiently supervised and maintained in accordance Regulation 77.
(d) is repaired and tested in accordance with UL
Underground standards or such other standards approved
80. (1) Underground cables, other than signalling wires and
cables. by the Director
flexible cables for portable apparatus shall–
76 77

Isolation of 82. A competent person shall ensure that– (e) control options for plant operating near
electrical
equipment.
overhead electrical power lines comply with
(a) electrical equipment at the mine is provided the requirements of these Regulations.
with full current isolating devices capable of
being secured in the isolating position; (2) Where an electrical hazard causes damage to the plant,
(b) the means referred to in clause (a) are used the mine manager shall ensure that;–
whenever it is necessary to isolate any
(a) the plant is disconnected from the electricity
electrical equipment;
supply and is not used until the damaged
(c) switches provided for earthing have facilities part is repaired or replaced; and
that allow the switch to be locked in either (b) an ‘out of service’ tag is affixed to the plant
the on or off positions; and and all the common isolation points for that
(d) if it is not practicable to avoid work in close plant and only removes the tags when there
proximity to exposed live parts of electrical is no longer a risk of exposure to that hazard.
equipment, effective measures are taken to
PART VII -–WASTE DISPOSAL AND CONTAINMENT CONTROL
safeguard persons against that hazard.
84. A mineral right holder shall ensure that the long-term Tailing
Electrical 83. (1) Where a plant constitutes electrical plant or the plant storage
plant exposed storage of tailings and the design of a tailing storage facility reflect facilities.
is exposed to electrical hazards, the mine manager shall ensure that– the site conditions and are contructed and operated in a manner
to electrical
hazards. which minimises environmental impacts.
(a) the plant is not used under conditions likely
to give rise to risk of exposure of a person to 85. (1) A mineral right holder shall ensure that for above Above ground
an electrical hazard; tailing storage
ground ground tailing storage facilities – facilities.
(b) appropriate permit to work systems are (a) tailings are stored behind a purpose built
provided to avoid inadvertent energizing of embankment and the design life of the facility
plant that has been isolated, but not is effectively in perpetuity;
physically disconnected, from the electricity
supply; (b) special consideration is given to any co-
storage of waste rock and tailings material in
(c) only competent persons carry out electrical the same facility due to potential complicating
work on plant and machinery; consequences of co-storage such as void
volume in the rock material, the relative
(d) if excavations are to be carried out, all relevant proportions of waste rock, tailings solids and
available information relating to the position tailings fluids, the strength of the waste rock
material and its resistance to compaction and
of any underground cables is obtained and
consolidation with a consequent reduction
work is carried out in accordance with these
in void volume;
Regulations; and
78 79

(c) there is no possibility of a potentially viable (i) to categorise dams on the basis of
mineral resource being sterilised by the probable loss of human life and the
deposition; and impacts on economic, environmental,
and lifetime interests;
(d) rehabilitation measures are undertaken to
ensure that there is no long-term (ii) to select appropriate design criteria;
environmental impact or public safety hazard.
(d) design criteria is more conservative as the
(2) A mineral right holder shall ensure that the design potential for loss of life and property damage
and construction of a tailing storage facility is undertaken in increases.
accordance with its operating manual.
(6) The categorisation of TSFs and dams shall be
(3) A mineral right holder shall ensure that rehabilitation undertaken by an engineer approved under PERC.
is carefully planned to ensure the tailing storage facility cannot be
breached at the end of its service period and that rehabilitation must (7) The mine manager or competent person may
allow the containment area to return to its original condition. undertake risk assessments on the TSFs and dams.

(4) A mineral right holder shall design and operate the 86. (1) A mineral right holder shall seek specific approval Below ground
tailing storage
TSF to account for the presence of sulphide materials and their from the Directror before developing a below ground TSF. facilities.
propensity to generate acid waste.
(2) A mineral right holder shall demonstrate to the
(5) A mineral right holder shall ensure– Director–

(a) full compliance with all tailing storage facility (a) that extensive geotechnical, hydro-geological
regulations and self-certify that the facility is and environmental studies have been
built and maintained in accordance with the undertaken to establish the viability and long-
operating manual; term safety of below ground TSFs;

(b) tailing storage facilities are categorised into (b) that there is no possibility of a potentially
three risk levels determined by increasingly viable mineral resource being sterilised by
adverse environmental and social the deposition;
consequences with a Category 3 TSF being
a Low Hazard Potential, a Category 2 TSF a (c) that rehabilitation measures have been
Significant Hazard Potential and a Category provided to ensure that there is no long-term
1 TSF a High Hazard Potential; environmental impact or public safety hazard;

(c) the hazard rating system is used– (d) proof that there is no possibility that the
safety in the operating underground mines
80 81

in the vicinity will be jeopardised by the (7) Category 3 TSFs shall be constructed with input from
proposed underground tailing storage a suitably experienced contractor approved by PERC or similar with
facility; and specialist supervision if required.

(e) that future underground mining beneath the (8) The competent person who supervised the
construction of Category 3TSF under clause 7 shall produce a
stored tailings is not contemplated or likely.
construction report to confirm that the construction satisfies the
Design and design and all aspects which were to be covered as provided in the
construction 87. (1) The design and operating requirement for category 1 guidelines for the design of that Category 3 TSF and shall deliver a
of tailing and 2 TFSs shall be in accordance with Regulation 86. certificate of compliance of the TSF Construction to the Director.
storage
facilities.
(2) Category 1 TSFs shall require a considerably higher (9) Applications for construction and operation of
level of design and construction detail which is commensurate to the Categories 1 or 2 TSF shall include the following–
higher level of risk posed by these facilities.
(a) a completed tailings storage data sheet;
(3) Categories 1 and 2 TSFs shall require design
documentation and construction input from suitably qualified and (b) a design report prepared by a geotechnical
experienced geotechnical or engineering specialists approved by or engineering specialist who is the holder of
an annual practising certificate issued by
PERC or similar and the construction of such TSFs shall be performed
PERC or by a professional body approved
under the permanent supervision of such suitably qualified by PERC;
geotechnical or engineering specialists.
(c) a construction report with as built drawings
(4) A competent person shall complete, sign and submit prepared by a geotechnical or engineering
the certificate of compliance of the TSF design to the Director. specialist who is the holder of an annual
practising certificate issued by PERC or by a
(5) The person who supervised the construction category professional body approved by PERC;
1 and 2 TSF shall produce a construction report in the form prescribed
by the geotechnical or engineering specialist confirming that the (d) a certificate of compliance of TSF Design
construction satisfies the design and all aspects which were to be signed by a geotechnical or engineering
specialist who is the holder of an annual
covered and deliver the report along with a Certificate of Compliance
practising certificate issued by PERC or by a
of the Tailings Storage Facility Construction, to the Director.
professional body approved by PERC;
(6) Category 3 TSFs shall be exempt from the detailed (e) a certificate of compliance of TSF
design requirements required for Category 1 and 2 TSFs, provided construction signed by a geotechnical or
that Category 3 TSFs follows the guidelines for the design of a engineering specialist who is the holder of
Category 3 TSF determined by a competent person. an annual practising certificate issued by
PERC or by a professional body approved
by PERC;
82 83

(10) Applications for the construction and operation of a (4) The TSF inspection costs shall be borne by the
Category 3 TSF shall include the following– mineral right holder.

(a) a completed tailings storage data sheet; (5) Prior to decommissioning a TSF the Chief Executive
Officer shall ensure that an inspection and pre-decommissioning
(b) design guidelines; report is prepared by a geotechnical or engineering specialist who is
the holder of an annual practising certificate issued by PERC or by a
(c) a construction report prepared by a professional body approved by PERC.
competent person approved by PERC;
89. (1) The mine manger shall ensure, as far as practicable, Management
of mineral
(d) a certificate of compliance of TSF design that a material safety data sheet is available for each mineral processing processing
reagent used or produced in a workplace at the mine and the reagents.
signed by the Competent Person approved
information is readily accessible to all employees potentially at risk
by PERC or similar; and
from the mineral processing reagent.
(e) a certificate of compliance of TSF (2) A mineral right holder shall provide worker training
construction signed by a competent person on–
approved by PERC .
(a) hazards, precautions and procedures for the
Managing 88. (1) The mine manager shall produce an operating manual safe storage, handling and use of all
TSF. for all TSF. potentially harmful materials relevant to each
employee’s task and work area;
(2) The Chief Executive Officer shall ensure that
independent inspections and audit are conducted on all TSF by a (b) material safety data sheets for potentially
geotechnical or engineering specialist who is the holder of an annual harmful materials; and
practising certificate issued by PERC or by a professional body
approved by PERC as follows– (c) environmental, health and safety matters
including accident prevention, safe lifting
(a) for a category 1 TSF, annually; practices, safe chemical handling practices
and proper control and maintenance of
equipment and facilities;
(b) for a category 2 TSF, every two years; and
(3) The mine manager shall ensure that as far as is
(c) for a category 3 TSF, every 3 years.
practicable–
(3) Notwithstanding sub-regulation (2), the Chief (a) any container at the mine used to hold a
Executive Officer shall ensure that an independent inspection on all mineral processing reagent is manufactured
TSF is conducted prior to and following the construction of a new from a suitable material and has a suitable
lift or for a continuous process that any additional lifting will be done design having regard to the physical and
at an approved rate and within design parameters. chemical properties of the substance;
84 85

(b) a safe means of disposal is provided for if the assessment indicates a significant risk
mineral processing reagent containers that of exposure to a mineral processing reagent,
are no longer needed or are empty; a written report is prepared outlining means
by which that risk may be reduced.
(c) each mineral processing reagent container at
the mine has an appropriate label on it and a Containment
90. (1) A mineral right holder shall ensure that–
person does not, without reasonable excuse, control.
remove, deface, modify or alter such label;
(a) waste disposal facilites are designed to
(d) reduce the risk of a person being exposed to prevent or limit the release of designated
a mineral processing reagent at the mine by contaminants associated with waste disposal
preventing exposure to the substance or and that environmental measures such as
hazard or by a means of a combination of the the use of liners, hydrologic barriers, pH
following methods– control materials, chemical treatment, wetland
and bactericides drainage collection and
(i) limiting the opportunity for potential treatment as well as underwater disposal are
exposure of the person to a mineral practiced;
processing reagent;
(b) carefully designed systems such as liners,
(ii) using appropriate engineering and
ventilation controls; and clay, grout curtains and slurry trenches are
used to ensure containment of the waste such
(iii) adopting safe work practices. that the environmental goals set out in the
Environmental and Social Regulations are
(4) A person at a mine who disposes of a container (or met;
empty container) of mineral processing reagents shall ensure that
the container is disposed of using the safest means of disposal (c) adequate testing is done of the properties of
provided. waste materials at a given site as a means of
managing waste;
(5) The Mine Manager shall ensure that–
(d) the effects on local surface water and
(a) any mineral processing reagent contained in
groundwater systems are predicted before
an enclosed system at the mine, is identified
to persons who are potentially at risk of being the start of operations and verified during
exposed to that substance; mining operations in accordance with the
mineral right holder’s obligations under the
(b) a suitable assessment is made of the Mines and Minerals (Environmental)
consequences to the health of any person if Regulations or environmental management
exposed to mineral processing reagent and plan, as the case may be;
86 87

(e) the monitoring of surface and groundwater to prevent the infiltration of rainwater with
for possiblecontamination is carried out on cement slurries or chemical grouts or use
a quarterly basis and that the sampling interceptor wells in order to draw off recharge
procedure, sampling devices, and water before it reaches a waste dump.
preservatives do not contaminate the sample,
react with the sample, or interfere with the PART VIII-–STORAGE AND TRANSPORTATION OF MINERALS
analytical method;
91 . (1) A mineral right holder shall ensure that transportation Transport and
storage.
(f) the operating manual contains procedures and storage of minerals are conducted in a safe manner and have the
contained in sub-regulation (6) for collecting least possible impact on the environment and local communities.
solid waste and testing it in order to predict
contamination potential. (2) Where the transport and storage of minerals extends
outside of a licensed mining area the mineral right holder shall comply
with the general laws and regulations relating to transport and where
(2) Procedures for collection and testing of solid waste
none exists these Regulations shall apply.
shall be site specific and shall take account of grain size, mineralogy,
sulphate and metal content, water flow characteristics within and (3) Where the transport and storage of minerals are within
surrounding a waste site, availability of oxygen and water to initiate a licensed mining area the mineral right holder shall comply with
geochemical reactions, pH, temperature, presence and degree of these Regulations and the instructions of the Director.
activity of sulphide-oxidizing bacteria, the presence or absence of
neutralizing material such as carbonates and furthermore, procedures (4) If any storage facility or transport infrastructure used
for the control potential for the formation of acid forming material by the mineral rights holder belongs to the Government, the mineral
through the measurement of acid generating potential and acid right holder shall obtain permission from the Government for the use
neutralising capacity. of such storage or transport facilities, provided that such permission
shall not be unreasonably withheld.
(3) The collection and disposal of solid waste shall be (5) The terms of any usage agreement between the
conducted in a manner which minimises environmental damage. Government and the relevant mineral right holder may include the
following obligations on mineral right holders to–
(4) A mineral right holder shall –
(a) pay user fees;
(a) ensure that water control systems are
engineered to handle pooling and runoff from (b) repair facilities; and
waste facilities;
(c) take protective measures to safeguard the
(b) provide up-gradient drainage basins; and public against spillage.

(c) develop barriers designed to prevent (6) The Director may require that a particular facility or
infiltration and recharge of groundwater and piece of infrastructure such as haulage roads or other facilities, owned
cap waste piles and ponds, where necessary and operated by a mineral right holder be used by the general public.
88 89

(7) The Director shall ensure that requests made by the (c) the mine dump plan contemplates a dump
mineral rights holder under sub-regulation (4) are made reasonably area in excess of five hectares;
and all decisions are made taking into account the rights of the mineral
right holder and the local community. (d) the mine dump is to be located on a natural or
trimmed slope that is steeper than twenty
(8) All requests for shared usage of facility or degrees from the horizontal plane; or
infrastructure shall be subject to a separate agreement between the
Government and the relevant mineral right holder. (e) the proposed dump location poses a hazard
to a building, road, power transmission line,
Mine waste 92. (1) A mineral right holder shall develop a mine waste pipeline or major watercourse.
dump.
dump plan at least 14 days before constructing the dump, roads and
ramps that are part of the mine waste dump. (4) A mineral right holder shall ensure that the mine dump
plan referred to in this regulation is made readily available to workers
(2) A mine waste dump plan referred to in sub-regulation at the mine.
(1) shall include –
(5) A mineral right holder shall ensure that a dump located
(a) the proposed location of the mine waste at a mine is–
dump, roads and ramps;
(a) constructed in accordance with the mine
(b) the grades of each road and ramp; dump plan;

(c) the initial location of mine waste dump berms (b) maintained in a stable and safe condition;
and blocks and projected movement patterns;
(c) capable of supporting any vehicle intended
(d) the location of restricted areas; and for use on the mine dump; and

(e) all safety procedures to be implemented, (d) not placed in an area in which mineral
including signalling procedures. resources exist.

(3) The mine waste dump plan referred to in sub- (4) Where a bank is more than three metres high, the
regulation (1) shall be designed by a professional engineer approved mine manager shall ensure that no material is dumped over the edge
by PERC if at least one of the following circumstances exists– of the bank or within three metres of the crest of the mine dump berm
unless–
(a) the mine dump plan contemplates a total
dump volume in excess of one million cubic (a) in the case of a truck, there is a dump block
metres; sufficient to prevent the truck from going over
the dump edge;
(b) the mine dump plan contemplates a dump
(b) there is a dump berm or a competent dump
height in excess of fifty metres;
signaller to direct the truck operator;
90 91

(c) there is a dump berm that is continually (c) any necessary limits on the use of equipment
maintained; and on or near the stockpile;

(d) in the case of a rubber-tired front-end loader, (d) control of the formation of dangerous slopes
there is a dump berm or a dump block. and the undermining of the stockpile; and

(5) Where a dump berm or dump block is installed at a (e) control of draw-points and dumping
mine dump, the mine manager shall ensure that the height of the operations.
berm or block is the lesser of–
94. (1) A mineral right holder shall design and the mine Minerals on
(a) half of the height of the largest tire found on manager shall enforce a code of safety practice for the installation, belt
any vehicle used for dumping; or conveyors.
operation, maintenance and patrol of a belt conveyor system at a
mine where a belt converyor is used.
(b) the maximum height over which a truck is
capable of dumping.
(2) The mine manager shall ensure that –
(6) The dump berm or dump block referred to in sub-
regulation (5 ) shall be a structure fixed to the ground designed by a (a) subject to sub-regulation (3) no worker rides
professional engineer approved by PERC. on a conveyor belt or crosses a belt conveyor
that has not been locked out;
Stock-pile. 93. (1) Where material is to be stored in a stockpile the mine
manager shall– (b) every accessible section of the belt conveyor
is equipped with a pull cord or other device
(a) develop a work plan for the operation of the approved by the Director that is capable of
stockpile to ensure the health and safety of immediately stopping the conveyor in the
workers who work on or near the stockpile; case of an emergency;

(b) make a copy of the work plan readily available (c) the belt conveyor is equipped with controls
to workers at the stockpile; and that can be reset manually after an emergency
stop;
(c) ensure that all workers and contractors
comply with the work plan. (d) the head pulley to the tail pulley is located to
maximize its effective use;
(2) A work plan for the operation of a stockpile shall be
in writing and shall include– (e) an attendant is stationed at the driving head
of the conveyor and effective means are
(a) supervision of the operation;
provided to allow for a worker to signal such
attendant from any point along the length of
(b) training of workers;
the conveyor;
92 93

(f) all belt conveyors which are in excess of (4) The start-up warning device referred to in clause (g)
fifteen metres long contain a belt-slip of sub-regulation (2) shall be located at suitable intervals along a
detection device which is designed to stop conveyor and shall have a mechanism that provides a ten second
the drive motor in the case of a belt blockage delay between the sounding of the warning and the start-up of the
or belt slippage; conveyor.

(g) all belt conveyors are equipped with an (5) If a worker is at risk from being caught in a pinch point
effective start-up warning device if a at the head, tail, drive or tension pulleys of a belt conveyor, the pinch
conveyor is started by remote control or if point shall be protected by an effective safeguard and the safeguard
any portion of the conveyor is not visible to extends at least one metre beyond the pinch point.
the worker starting the conveyor.
(6) Where an elevated conveyor crosses over a place
(h) all belt conveyors installed underground where a worker may pass or work, the mine manager shall ensure it is
meet the required standards of fire- safe to do so and where appropriate, establish additional safety
performance and antistatic requirements for measures.
conveyor belting as approved by the
Director; (7) Where a temporary extensible belt conveyor is used
underground, the mine manager shall ensure that–
(i) suitable and adequate automatic fire
suppression system is installed at the (a) the conveyor is equipped with pull cords, a
conveyor drive pulley; start-up warning device and or emergency
stop controls that are located at the drive
(j) suitable and adequate means for unit, the delivery end and if reasonably
extinguishing fires are available for immediate practicable, the return end;
use at the driving head of every belt conveyor
and at acceptable distances along the length (b) the pull cord or emergency stop controls
of every belt conveyor; and referred to in clause (a) are located in areas
that maximize their effective use;
(k) where two or more belt conveyors are used,
a sequence interlocking programme shall be (c) no worker is in an area of a conveyor belt
provided which will automatically stop all that is not protected by pull cords or
other conveyors from feeding a conveyor emergency stop controls; and
which has stopped and prevent a conveyor
from starting until the conveyor onto which (d) at each entrance to a room where the
it feed is moving. conveyor is located, notices are posted that
are conspicuous and legible and inform
(3) A worker may cross a belt conveyor on a walkway workers of the requirements in clause (c).
that has guardrails and is at least 750 millimetres wide.
94 95

(8) Where aligning the belt of a temporary extensible belt (c) the details of each pre-operation inspection
converyor requires the belt to be in motion, the mine manger shall– conducted in accordance with these
Regulations are recorded in the vehicle record
(a) develop a procedure designed to keep by the person who performed the inspection;
workers out of direct contact with any moving
part of the belt conveyor while the workers (d) each vehicle record and maintenance record
are aligning the belt, and ensure that workers is kept readily available to the operator of the
are trained in the procedure; or vehicle or, if reasonably practicable, with the
vehicle;
(b) ensure that the belt conveyor is equipped
with an alternative approved device that is (e) vehicles are maintained and repaired by a
capable of stopping the belt conveyor in the competent person; and
case of an emergency.
(f) the details of maintenance and repairs of a
Haulage truck 95. (1) Notwithstanding the general law relating to road vehicle are recorded by a competent person.
transportation.
traffic, the mine manager shall ensure that–
(3) A mineral right holder shall ensure that –
(a) only competent persons are permitted to
operate a vehicle; (a) haul roads and site roads are designed in a
manner to ensure safety and environmental
(b) earthmoving equipment operators pass a acceptability and that effective precautions
medical test to have their hearing, vision and are taken to prevent vehicles or plant from
general fitness examined and such test shall accidentally leaving haul roads and site
take place at intervals of not more than roads;
two years or at such other times as may be
required by a medical practitioner or the mine (b) haul roads are suitable for the type and size
manager; and of machinery and loads used on them;

(c) every vehicle is operated in a safe manner (c) haul roads are designed to avoid dangerous
and the drive does not exceed speed that is sharp bends and where necessary, erect
reasonable and safe. safety barriers;

(2) The mine manager shall ensure that– (d) haul roads are maintained so as to limit and
minimise the development of bumps, ruts or
(a) a vehicle record is provided for each vehicle; potholes which may make control of vehicles
difficult or cause health problems due to
(b) a vehicle maintenance record is provided for whole-body vibration;
each vehicle;
96 97

(e) the gradient of the haul roads are appropriate (b) marker guides or other effective signs are
for the number, size, type and load of vehicles placed to indicate to the driver of the truck
using the roads and for rigid bodied vehicles, the limit of safe approach to the tipping area;
except that steep roads over short distances
of not more than 10 metres, may be designed (c) the dumping area is illuminated by stationary
no steeper than 1 vertical in 10 horizontal; lights designed to provide effective
illumination to the working area and to the
(d) speed limits are suitable for the vehicle edge of the dump area;
braking capabilities, loads, road gradient and
(d) a system is established to ensure the stability
site conditions;
of a dumping area if rock or other material is
to be dumped from a truck over any bank or
(f) sight lines are maintained on all roads to
bench; and
assist drivers with safe stopping distances;
(e) no dumping is carried out over the edge of a
(g) where tight bends are unavoidable, the design stockpile when loading out from the base of
is adequate to mitigate the risks of a vehicle the stockpile is taking place unless the load-
leaving the carriageway on the bend; and out area is at a sufficient distance that it will
not undermine the dumping location.
(h) the width of the carriageway is at least, two
times the width of the largest vehicle to use (7) If a restricted visibility vehicle is used in an open pit
the road and for a two-way road, the running mine, the mine manager or contractor shall ensure that no other
width is three and a half times the largest vehicle approaches the vehicle unless that other vehicle is equipped
vehicle width. with an effective means to indicate its presence to the operator of the
restricted visibility vehicle.
(4) The driver of a haul truck shall not enter or leave the
(8) The mine manager shall ensure that all vehicles used
cab while the truck is being loaded.
in an open pit mine operate within a safe operating distance from
other vehicles.
(5) The driver of a shovel or loader shall not cause the
bucket of the shovel or loader to be traversed over the driver’s cab of
(9) If a remote-controlled vehicle is used, the mine
a truck or other motor vehicle during load operations.
manager shall develop and implement a written plan for the operation
of remote-controlled vehicles and the plan shall address the safe
(6) For the safe dumping of rock or minerals the mine
installation, operation and maintenance of remote-controlled vehicles
manger shall ensure that–
and in addition, shall include the following -
(a) rock or other material are not dumped from a
(a) the location of the operator;
truck over a bank or into a bin at the mine
unless there is an effective back stop (b) the training of workers to be operators;
provided or a person suitably stationed to
guide and direct the driver of the motor (c) the location and arrangement of controls and
vehicle to a safe dumping position; safeguards;
98 99

(d) the design and arrangement of transmitters (g) the remote-controlled vehicle is equipped
and receivers to prevent inadvertent with a selector switch that enables the
activation; operator to operate the vehicle either
manually or by remote control;
(e) the procedure to change an identification
code and radio frequency for transmitters and (h) the control unit is equipped with a device
receivers; that warns the operator when the control unit
(f) the testing, inspection and maintenance is energized;
procedures, including the frequency of the
testing, inspection and maintenance; and (i) the control unit for each remote-controlled
vehicle is equipped with controls that are the
(g) the procedure for extrication of a remote- same as, or similar to, the manual controls on
controlled vehicle from a hazardous location. the remote- controlled vehicle; and
(10) To promote the safe operation of remote controlled
(j) the control unit contains an emergency stop
vehicles, the mine manager shall ensure that– button and a tilt switch that, when the control
unit is tilted more than forty five degrees from
(a) the operator of a remote-controlled vehicle is vertical, deactivates the controls on the
in a safe location at all times while the control remote-controlled vehicle and applies the
unit of the vehicle is energized; brakes.

(b) the control unit for a remote-controlled (13) Notwithstanding the general law relating to road
vehicle is de-energized when the control unit traffic, the speed limit for mine related vehicles shall be–
is not in use;
(a) 60 kilometres per hour for vehicles travelling
(c) a control unit operates only one vehicle; on a public road or section thereof situated
within an urban area;
(d) the remote-controlled vehicle is designed so
that it will not be activated by any radio signal (b) 80 kilometres per hour for vehicles travelling
other than the signal from that vehicle’s on a public road or section thereof situated
control unit; outside an urban area; and
(c) 60 kilometres per hour for goods vehicles or
(e) no remote-controlled vehicle can accidentally vehicles with trailer with a gross vehicle mass
start by remote control; exceeding 9 000 kilograms.

(f) a remote-controlled vehicle only moves by (14) No person shall operate a vehicle fitted with
remote control when direct pressure is applied pneumatic tyres, on a public road, at a speed in excess of the speed
to the controls on the control unit for that specified by the tyre manufacturer.
remote-controlled vehicle;
100 101

(15) A mineral right holder shall ensure that large (a) each person employed in a railway operation
professionally produced signs with durable surfaces shall be installed at the mine, who has duties set out in the
throughout a mine haul road system indicating amongst other things, operating rules, has access to a copy of the
speed limits, height of electrical installations, type of vehicle permitted operating rules and all signal codes for
on the road, and the mine manager shall ensure the routine the railway;
maintenance and cleaning of such signs to ensure visibility.
(b) a person is not employed as a controller,
(16) Where vehicles are operating in an open pit locomotive driver, member of a train crew or
environment, the mine manager shall ensure that all vehicles are as the driver of any railway vehicle at the
equipped with suitable high-pole flags and flashing beacons to mine unless the person has satisfied the mine
improve their visibility. manager, or a person appointed by the mine
manager for that purpose, that he is fully
Rail trans- 96. (1) A mine manager or a competent person appointed by conversant with the relevant operating rules,
portation. including signals and signal codes and is
the Chief Executive officer shall ensure that no train operates at the
mine unless operating rules including signals and signal codes are competent to discharge such duties;
developed for the railway and aproved by the Director.
(c) a person is not employed in any capacity on
(2) The operating rules referred to in sub-regulation (1) a main line on which a railway vehicle is
shall clearly specify standards, procedures, duties and methods of running unless the person is under the
working on railway transportation and shall be designed in a manner supervision of a person who is fully
to ensure that persons operating the railway in accordance with those conversant with the relevant operating rules,
Regulations are not exposed to hazards. including signals and signal codes;

(d) the code of signals and signalling practice

(3) A mineral right holder shall ensure that the operating
used in relation to railway operations at the
rules referred to in sub-regulation (1) are not amended, suspended or
mine are consistent with good railway
cancelled unless the amendment, suspension or cancellation is–
operating practice and is included in the
railway operating rules.
(a) approved in writing by the Director; (5) Subject to this Regulation no person shall drive a
railway vehicle on a railway track unless that person –
(b) an unforeseen occurrence which makes the
application of any operating rule temporarily (a) has been issued with a certificate certifying
impracticable or exposes a dangerous defect that he is competent to drive and operate
or deficiency in the rules; that railway vehicle;

(4) A mineral right holder or a competent person shall (b) is undergoing instruction or training and is
ensure that– supervised by a qualified instructor; or
102 103

(c) is driving the railway vehicle for maintenance (2) Vessels not propelled by mechanical means shall not
purposes and is properly trained to perform carry any passengers unless specifically authorized by the relevant
maintenance work on the railway vehicle. authority.

(3) The maximum number of passengers carried on board

(6) Each controller, member of a train crew or other person
a passenger vessel or a cargo-passenger vessel shall not exceed the
employed in any capacity in relation to a railway must pass a medical
number specified on the certificate of seaworthiness.
test before a medical practitioner to have the person’s hearing, vision
and general fitness examined and such test shall take place at intervals (4) A notice showing the maximum number of passengers
of not more than two years or at such other times as may be required permitted to be carried on specific decks and in specific spaces,
by a medical practitioner, or the Mine Manager, or competent Person. calculated in accordance with good engineering practice shall be
clearly displayed at the access to each deck and space.
(7) A mineral right holder shall ensure that–
(5) All vessels propelled by mechanical means shall carry
(a) each railway track, track formation, cutting, adequate information including drawings, plans and instruction
manuals necessary for the safe carriage, operation and safety of life.
culvert, bridge, tunnel or other structure
containing or supporting the railway track
(6) Vessels designed, constructed and maintained in
are designed, constructed, inspected, tested compliance with the structural, mechanical and electrical requirements
and maintained so that persons using such of a reputable international classification society may be accepted
structures are not exposed to hazards as complying with the relevant requirements of these Regulations.
provided that they are using the structures
in accordance with the operating rules; (7) A mineral right holder and the master of the vessel
shall be responsible for–
(b) each locomotive, item of rolling stock
machinery and plant used in operating railway (a) compliance with these Regulations; and
systems is designed, constructed, inspected,
(b) ensuring the vessel is managed in a manner
tested and maintained so that persons using which minimises environmental damage.
it are not exposed to hazards.
(8) The master of a vessel 10m and above in length shall
Marine trans- 97. (1) Notwithstanding the Sierra Leone Maritime keep an official log book in the form required by the Sierra Leone
portation.
Administration Act, 2000 (Act No.11 of 2000), the Merchant Shipping Marine Administration and shall update the log book as required by
Act, 2003(Act No. 3 of 2003) or other laws governing marine other relevant authority.
transportation or the transportation of workers by sea, the Director
may apply such international maritime standards as he may deem (9) Every vessel when in a Sierra Leone port shall be
appropriate. subject to control by officers duly authorized by the Sierra Leone
Marine Administration or other relevant authority.
104 105

(10) All vessels shall carry a certificate of seaworthiness of length shall carry radio apparatus capable under normal conditions
which verifies compliance of the vessel with the technical requirements of transmitting and receiving messages over a distance of 50 nautical
in these Regulations. miles on frequencies designated by the Sierra Leone Marine
Administration.
(11) The minimum freeboard shall be that freeboard at
98. A mineral right holder shall ensure that the carriage of a Carriage of
which vessels in the maximum condition of loading meet the stability radioactive
requirements as determined by a stability proof test, or other radioactive substance by any mode of transportation shall be in substances.
requirements stipulated by the Sierra Leone Marine Administration accordance with International Maritime Solid Bulk Cargoes Code.
in relation to the type of vessel in question, its service and its area of
operation. PART IX-–EXPLOSIVES AND BLASTING

99. Notwistanding the law relating to explosives the Director, Blasting and
(12) All vessels with dry weight (DWT) of 500 Mt or with the concurrence of other appropriate authorities and subject to
explosive
greater shall require confirmation of the vessel stability by a naval the relevant licensing requirements, shall authorise mineral right
architect with professional accreditation acceptable to PERC or similar. holders to purchase, transport, import, supply or use explosives.
(13) A vessel master shall ensure that the loading marks of 100. (1) The importation of explosives into Sierra Leone shall Import
a vessel are not submerged at any time during the departure, carriage not be allowed by the Director under these Regulations unless it is licence.
or arrival of a vessel. proven that the explosives are required for a particular mining
operation.
(14) A vessel master shall ensure that stability information
is provided for all vessels that are 20m and above in length, provided (2) Permission to import explosives shall be made to the
Director who, following consultation with the relevant licensing
that the Sierra Leone Marine Administration may require stability
authority, shall issue a licence to a mineral right holder in the prescribed
information to be provided on vessels less than 20m in length.
form.
(15) All vessels shall be fitted with a fire extinguishing (3) A licence to import explosives pursuant to this
systems and in addition, all vessels which are 25m and above in Regulation, shall be issued for a period of one year and subject to the
length shall be fitted with a fixed fire extinguishing system in the permission of the Director, may be renewable annually.
engine room.
101. (1) A licence to supply explosives authorises the licensee Supply
(16) A vessel master shall ensure that all details of the fire to carry out the following activities– licence.
extinguishing systems are entered into a record of equipment and
vessel information located on the ship. (a) supply and export explosives or explosive
precursors specified in the licence;
(17) All life-saving appliances and arrangements must be (b) possess explosives or explosive precursors
approved by the Sierra Leone Marine Administration. for the purpose of supplying them under the
licence; and
(18) All vessels shall be fitted with radio communications
equipment and in addition, vessels which are 10m and above in length (c) store explosives or explosives precursors at
and all passenger vessels and cargo-passenger vessels, regardless a premises if premises is specified in the
licence.
106 107

(2) Permission to supply, including to export, explosives (3) The Director shall issue an explosives storage licence
must be made to the Director who will issue a licence with the in the prescribed form based on the applicant being able to
concurrence of the Sierra Leone Police or other relevant authority in demonstrate the safe storage of explosives.
the prescribed form. (4) The holder of a licence to store explosives issued
under this Regulation shall ensure compliance with these Regulations
(3) A licence to supply explosives shall be issued for a relating to the storage of explosives in magazine, day boxes or
period of one year and subject to the permission of the Director, may vehicles and the safety measures relating to storage contained herein.
be renewed annually.
(5) A licence to store explosives shall be issued for a
Transport- 102. (1) A mineral right holder who wishes to transport period of one year and subject to the permission of the Director be
ta tion renewed annually.
licence. explosives by vehicle or sea vessel into Sierra Leone and within
various areas in Sierra Leone outside the mining area of the mineral Blasting
104. (1) A mineral right holder who wishes to use explosives
right holder shall apply for a licence. licence.
shall apply for for a blasting licence.
(2) Application for the transportation of explosives shall (2) Application for a blasting licence shall be made to the
be made to the Director who shall issue a licence, with the concurrence Director who shall issue a licence with the concurrence of the Sierra
of the Sierra Leone Police or such authority responsible for the issuing Leone Police or other such authority responsible for the issuing of
of explosives licence, for the transportation of explosives. blasting licences.

(3) The Director shall issue an explosives transport (3) A blasting licence shall be issued in the prescribed
licence in the prescribed form based on the applicant being able to form for a period of one year and subject to the permission of the
demonstrate the safe transport of explosives. Director, shall be renewed annually.

(4) All explosives and blasting licences issued under this

(4) The holder of a licence to transport explosives shall
Regulation may be suspended or revoked by order of the Director for
also ensure compliance with these Regulations relating to the road
good and sufficient reasons.
transportation or conveyance by sea as the case may be.
(5) A mineral right holder may appeal to the Board,
(5) A licence to transport explosives issued under this against the decision of the Director to revoke or suspend the blaster’s
Regulation shall be issued for a period of one year and subject to licence and the Board shall review the decision of the Director in not
the permission of the Director be renewed annually. less than 14 days from the date that the appeal was lodged.
Storage 103. (1) A mineral right holder shall be allowed to store (6) The opinion of the Board in sub-regulation (5), shall
licence.
explosives in various areas under certain prescribed conditions. be final and binding.

(2) Permission to store explosives shall be made to the 105. (1) A blasting certificate shall enable the holder to oversee Blaster’s
Certificate.
Director who shall issue a licence with the concurrence of the Sierra a number of blasting operations at any place where such operations
Leone Police or other such authority responsible for the issuing of are in progress and shall not be limited to a single batch of explosives
licence for the storage of explosives. which would be subjected to an individual licence.
108 109

(2) An application for a temporary blasting licence shall (9) No person shall conduct a blasting operation or
be obtained from following a comprehensive learning programme of require or permit any other person to conduct a blasting operation
unless that person–
not less than nine months, which must have included at least three
months of experimental training obtained at a working mine face. (a) is trained and competent to act as a blaster;
and
(3) A temporary blasting certificate may be made
permanent when a temporary licence holder, in addition to the (b) holds a valid blaster’s certificate.
requirement in sub-regulation (2), completes at least six months of (10) The Director may conduct tests for blasters prior to
training in blasting under the direct supervision of a certified and the issuance of a blaster’s certificate.
competent permanent blaster.
(11) In special circumstances, the Director may issue
certificates based on the qualifications and experience of blasters
(4) Following the training referred to in sub-regulation
obtained out of Sierra Leone.
(3), a temporary blasting certificate holder shall request permission
from the Director to obtain a blaster’s certificate. (12) If the Director suspends or revokes a blaster ’s
certificate, the blaster shall immediately inform the mineral right holder
(5) The Director shall verify that the applicant has of the suspension or revocation and the reasons for it.
completed the training mentioned in sub-regulations (2) and (3) with
(13) The Director in consultation with the Board may, at
the concurrence of the Sierra Leone Police or other such authority any time, revoke or suspend a blaster’s certificate if the blaster fails
responsible for the issuing of a blaster’s certificate. to comply with any term or condition of the blaster’s certificate subject
to prior written notice delivered to the mineral right holder clearly
(6) A blaster’s certificate shall be issued for a period of stating the reason for the revocation or suspension of the blaster’s
certificate.
five years and subject to the approval of the Director, who may require
the certificate holder to undertake refresher training, every five years. (14) A person whose blaster’s certificate is revoked under
this Regulation may appeal to the Board, against the decision of the
(7) At every place where blasting operations are in Director to revoke or suspend the blaster’s certificate and the Board
progress the Mine Manager shall be responsible for enforcing these shall review the decision of the Director in not less than 14 days from
the date that the appeal was lodged.
Regulations and that persons conducting blasting operations are
made aware of the relevant Regulations. (15) The opinion of the Board shall be final and binding.

(8) Every team of blasters shall be of such a size as can (16) Any person who obtains a blasting certificate shall
be properly and efficiently supervised. maintain a pilot log which shall record the details of every blast
undertaken.
110 111

Application 106. (1) An application for permission to erect a magazine (9) The following general rules shall apply to the design
for licecnce
to construct and the licensing for the storage of explosives shall be made to the of the magazine–
mining Director and such application shall be accompanied by–
magazine. (a) the magazine shall be surrounded by an
(a) plans of the proposed magazine; adequate fence;

(b) access through such fence shall be obtained

(b) the surrounding works;
by means of a gate which shall, when not in
use, be kept securely locked;
(c) a plan of the proposed site in relation to other
magazines, human dwellings, buildings, (c) the magazine shall be proofed against sun,
roads, railways, engines, furnaces, boilers rain and fire, be properly drained and
and other places to which the public has ventilated and have a substantial door and
access. lock; and

(2) No mining magazine shall be constructed within 400 (d) the magazine shall contain adequate
metre radius of any human dwelling. protection against lightening.
(10) The surface magazine shall be protected on all sides by an
(3) Every application shall include full information as to earth bank which shall be–
the rights of the applicant over the site upon which the magazine is to
be built. (a) as high as the roof eaves and at least three
metres in thickness at the top; and
(4) Every magazine shall be inspected by a competent
person before being passed as fit for the storage of explosives. (b) at the bottom of the inner slope of the bank,
not less than two metres, nor more than three
(5) Following inspection and verification pursuant to sub- metres from the walls of the magazine, except
regulations (1), (3) and (4) the Director shall issue a magazine licence at the entrance; and
in the name of the applicant.

(6) A copy of the plan and specifications approved shall (c) protected by an outer earth wall at the
be attached to and shall form part of the licence. entrance.

(7) Pending the issue of a licence, explosives may be (11) Every underground magazine shall be made according
stored in a magazine with the permission, in writing, by the Director. to the specifications and plans approved by the Chief Inspector of
Mines.
(8) Every licence shall state the maximum quantity and
the nature of the explosives which may be stored in the magazine and (12) Every plan submitted to the Director for the
the manner in which they are to be stored. construction of an underground magazine shall provide for the
ventilation of such magazine.
112 113

(13) The Director may revoke any magazine licence issued (4) No person shall–
in accordance with this Regulation if he is satisfied that the holder
is no longer a suitable person to hold a magazine licence and until an (a) divide any explosives into their components,
appeal has been decided in accordance with sub-regulation (14), the otherwise break down any explosives or
licence shall be deemed to have been suspended. remove any identification mark from any
explosives;
(14) A person whose licence is revoked under this
Regulation may appeal to the Board, against the decision of the
(b) make any unserviceable explosives fit for use;
Director to revoke or suspend his licence and the Board shall review
or
the decision of the Director in not less than 14 days from the date that
the appeal was lodged.
(c) remake or rework any explosives, unless it
(15) The opinion of the Board shall be final and binding. is done on a licensed explosives manu-
facturing site.
(16) Every magazine licence shall be valid until revoked,
expired or surrendered. (5) Subject to the Explosives Act, the Chief Inspector of
Mines may grant an applicant a manufacturing licence, subject to
(17) Any licence issued under this Regulation becomes any written conditions for–
invalid if the magazine is used for any purpose not provided for in the
licence. (a) a premises where explosives are manu-
factured for testing;
(18) In the case of an applicant for a mining lease, mining
right or exclusive prospecting licence, the magazine licence shall be (b) a premises where such explosives are
deemed to be void in the event of the application for mining lease, prepared for immediate use;
mining right or exclusive prospecting licence being refused as from
the date of such refusal. (c) any tertiary educational institution for the
purposes of training or instruction; or
Manufacture 107. (1) Subject to the Explosives Act, no person shall
of explosives.
manufacture either wholly or in part any authorised explosives in or (d) any laboratory or testing facility registered
on any premises except in an explosives manufacturing site. with the Chief Inspector of Mines, provided
that the relevant building is adequately
(2) Subject to the Explosives Act, no person shall secured.
manufacture any unauthorised explosives unless they are
manufactured for the purposes of research or development and in (6) The Director shall revoke any explosives
such quantities and under such conditions as the Chief Inspector manufacturing licence issued under this Regulaton if he is satisfied
of Mines may determine. that the holder is no longer a suitable person to hold such licence
and until an appeal has been decided, the licence shall be deemed to
(3) No unauthorised explosives manufactured in have been suspended.
accordance with sub-regulaiton (2) may be sold. .
114 115

(7) A person whose licence is revoked under this side and each end of the vehicle so that the
Regulation may appeal to the Board, against the decision of the placards are visible from any direction and
Director to revoke or suspend his and the Board shall review the are displayed on a contrasting background
decision of the Director in not less than 14 days from the date that the which is different from any other marking
appeal was lodged.
with which the placards might be confused;
(8) The opinion of the Board shall be final and binding.
(e) any vehicle used to transport explosives is
(9) Any licence issued under this Regulation becomes under the charge of a worker who holds a
invalid if the explosives manufacturing site is used for any purpose valid blaster’s certificate and shall not be left
not provided for in the licence. unattended unless–
Road 108. (1) A mineral right holder who holds an explosive
transport-
transport licence shall ensure that– (i) the mine manager designates a vehicle
ation of that may only be used for transporting
explosives.
(a) any vehicle used for transporting explosives, and holding explosives;
explosive precursors, detonators or
detonating cord is maintained in good (ii) the vehicle is parked in an area that is
mechanical condition; designated by the mine manager as an
area in which a vehicle transporting
(b) any metal parts on a vehicle used for
transporting explosives that may come in explosives may be parked; and
contact with a container of explosives is
covered with suitable non-sparking material; (iii) the supervisor records the details of the
vehicle’s load and location in the shift
(c) any vehicle used for transporting explosives record;
is equipped with–
(i) two multi-purpose dry chemical fire (f) the driver of a vehicle used to transport
extinguishers that are readily available explosives drives in a careful manner and at a
to the driver of the vehicle; speed that is reasonable for the prevailing
conditions;
(ii) a battery disconnect; and

(iii) a flashing red light attached to the (g) other than those workers who are necessary
vehicle in a visible location if there is for the handling of the explosives, no worker
the possibility that the vehicle will be travels in or on a vehicle that is used to
used in conditions of reduced visibility; transport explosives;
(d) any vehicle used for transporting explosives
(h) if a vehicle is used to transport explosives no
is equipped with placards that are clearly
visible and legible and are placed on each other materials are carried in or on the vehicle;
116 117

(i) the explosives are safely secured and the (i) unauthorized persons from gaining
vehicle is not loaded to more than 80% of its access to the explosives, and
rated carrying capacity;
(ii) any person from breaching this
(j) the engine of the vehicle is not left running Regulation.
during loading or unloading of the explosives
unless a device powered by the vehicle’s (2) No vessel upon which explosives in bulk are being
engine is used for the loading or unloading; conveyed shall be anchored or berthed at any place less than one
hundred metres from any building, public road or railway.
(k) any explosives not required for immediate use
are returned to a magazine and not left in the (3) Every carriage used for the transport of explosives in
vehicle; bulk shall carry a red flag clearly visible from in front and behind the
vessel.
(l) no vehicle is re-fuelled while it is being used
to transport explosives, except in the event 110. (1) A holder of an explosives storage licence may Storage of
explosives.
of an emergency; designate any of the following as places, that meet the requirements
in these Reguations, in which explosives may be stored–
(m) no detonators are carried with explosives
unless they are effectively separated; (a) a magazine or day box;

(n) all expired explosives are removed from any (b) a storage area; and
vehicle used for the transportation of
explosives; and (c) a vehicle.

(o) no contraband is contained in the cab of (2) A holder of an explosives storage licence shall ensure
the vehicle transporting the explosives. that–

Conveyance 109. (1) A person engaged in shipping, unshipping, (a) all explosives, detonators and detonating
by sea.
explosives landing or conveying of explosives shall– cords that are not required for immediate use
are stored in a magazine;
(a) take all precautions to prevent accidents
caused by fire, explosives or concussion; (b) the quantity of explosives, detonators and
detonating cords stored in a magazine does
(b) shall abstain from performing any act which not exceed the maximum quantity specified
is not related to the shipping, unshipping, in the permit for that magazine, and the
landing and conveying of explosives; quantity shall not exceed in the case of a
magazine located–
(c) use every reasonable effort to prevent–
118 119

(i) on the surface, the amount necessary explosives, detonators or detonating cords
to operate the mine for one year; and are returned to a magazine, day box or
designated vehicle.
(ii) underground, the amount necessary to
operate the mine at peak production for (6) A holder of an explosives storage licence shall ensure
eight days. that if detonators are stored underground–

(3) Explosives, detonators and detonating cords may be (a) they are stored in separate closed containers
stored temporarily underground in a day box or in a designated or magazines; and
vehicle.
(b) except if they are stored in a designated
(4) If explosives, detonators or detonating cords are vehicle, are not located within fifteen metres
stored temporarily underground in a day box the mine manager shall of a magazine or day box containing
ensure that the quantity stored does not exceed 150 kilograms. explosives.

(5) An explosives storage licence holder shall ensure 111. (1) Every place where explosives are stored shall have a Safety
that– sign in a conspicuous area containing the word “DANGER” and measures.
underneath it the word “EXPLOSIVES” or “DETONATORS”, as the
(a) explosives or detonating cords are not stored case may be, and the words “NO SMOKING” displayed in such
in the same magazine or day box in which manner as to be clearly visible to any person approaching such place
detonators are stored and explosives or and with respect to a magazine, such warnings shall be displayed at
detonating cords are not stored in the same the outer gate of the magazine and on each door.
area of a vehicle in which detonators are
stored; (2) No structural alterations shall be made to a magazine
unless the licence has been endorsed by the Director and the
(b) a copy of all regulations and workplace specifications and plans varied accordingly.
procedures relating to the safe storage and
handling of explosives, detonators and (3) No repairs shall, except in case of urgency, be made to
detonating cords in a magazine are clearly any magazine except with the written permission of a competent
posted in each magazine; person who may direct the removal of the explosives before the
repair is carried out.
(c) all old or expired explosives are not stored
and if found are immediately removed from (4) No electric power cable shall be carried above ground
storage; and within thirty metres of a magazine.

(d) if explosives, detonators or detonating cords (5) No artificial light other than a self-contained battery
are removed from storage for use, the mine electric hand lamp or a safety lamp of a type approved by the Chief
manager shall ensure that any unused Inspector of Mines shall be used in any magazine.
120 121

(6) The ground for a distance of forty metres from the (16) All contraband receptacle boxes must be placed
magazine building on all sides shall be kept clean and free form long outside the magazine premises in order to enable contraband to be
grass and vegetation. placed therein prior to entering the magazine premises.

(7) All reasonable precautions shall be taken to guard (17) All expired explosives and detonators shall be
against unlawful entry at the magazine or damage by fire or moisture. removed and disposed of immediately.
(8) Where a sentry or watchman is employed his shelter 112. (1) A holder of an explosive storage licence shall ensure Control of
shall be outside the fence surrounding the magazine. magazines.
that–
(9) Except in respect of a safety fuse, no materials other (a) each magazine is kept securely looked at all
than the explosives specified in the licence shall be kept in any times except during deliveries, withdrawals
magazine. and inspections;
(10) An efficient fire extinguisher of a design pattern (b) the following information is recorded for each
approved by the Director shall be kept in every magazine. magazine–

(11) Explosives shall not be stored more than two metre (i) the quantity of explosives, detonators
high, and shall be stored in regular layers, and in such manner to and detonating cord kept in the
facilitate the inspection and extraction of the explosives in rotation. magazine;

(12) The door of every place where explosives are stored (ii) the date of delivery of any explosives,
and every storage box shall be securely fastened under lock and key detonators or detonating cord to the
at all times when not in use and the key shall be in the possession of magazine and the quantity and type
the person in charge of the explosives. delivered;

(iii) the date of issuance of any explosives,

(13) If any place where explosives are stored is damaged detonators or detonating cord from the
whether by fire or otherwise, or if any explosives are lost or stolen, a magazine and the quantity and type
report shall forthwith be made by the person in charge of the issued.
explosives to the mine manager and to a police officer.
(c) at each magazine the oldest stock of each
(14) A copy of these Regulations shall be posted or hung type and size of explosive is used first;
up in such magazine or explosive store where they can be conveniently
seen and read. (d) any magazine or day box used underground
in a mine is located in a safe and secure area;
(15) No person shall enter any licensed magazine or store
wearing boots or shoes having iron nails or studs, or having in his (e) no explosive or detonator is stored
possession any fire, matches, steel, iron grit or similar article which is underground in a mine within 60 metres of
likely to cause explosion. any–
122 123

(i) shaft station; (i) removing persons from the blast area
who may be endangered by the blast to
(ii) hoist room; an area which is at a minimum outside a
500 metre radius from the blast area;
(iii) refuge station;

(iv) electrical substation; (ii) in the case of an open pit mine,

controlling traffic on roads at the mine
(v) fuel storage area; site;

(vi) workshop; or (iii) effective guarding of entrances to the

blasting site to prevent entry of
(vii) lunchroom unauthorized persons, which must
include the posting of a person at each
(2) A holder of an explosives storage licence shall appoint entrance to the blast area and the
a person who holds a valid blaster’s certificate to conduct a thorough requirement that such persons remain
weekly inspection of all magazines and day boxes, record the in the area until relieved by the blaster;
information required pursuant to these Regulations and submit a
written report to the mine manager summarising the results of each (iv) the type of effective warning devices to
inspection. be used, procedures for operating them
and the timing of their use before and
(3) A holder of an explosives storage licence shall at the during a blast; and
end of each month render a return to the mine manager showing the
quantity of each type of explosive that has come into the magazine (v) an orderly return to work when the
during such month, the quantity used during that month and the worksite is safe after a blast.
amount of explosives remaining at the end of such month.
(4) If persons on a public road may be at risk during an
Safety 113. (1) A holder of an explosives blasting licence shall open pit mine blasting operation, a mineral right holder must develop
precautions develop a written procedure to ensure the safety of workers during and implement a written traffic warning plan that deals with the
during
blasting. blasting operations and shall ensure that the developed procedures following matters –
are followed during blasting operations.
(a) obtaining from the appropriate authority any
(2) Blasting operations shall only take place during necessary permission to warn traffic;
daylight hours and a time specified by the mine manager after
consultation with the affected community. (b) the type of warning devices to be used;

(3) The written procedure for blasting referred to in sub- (c) the number of workers needed to provide
regulaiton (1) shall include provisions dealing with the following adequate warning; and
matters–
124 125

(d) the procedures to be used by workers to (3) Workers may re-enter the worksite if the conditions
control and warn traffic approaching the after a blasting operation can be predicted with reasonable accuracy
danger area. by the mine manager.

(5) The Mine Manager shall ensure that every person 115. The mine manager shall ensure that– Safety.
that is not engaged in a blasting operation is, prior to the
commencement of blasting operations either hoisted to the surface,
(a) explosives are used in accordance with their
removed to the intake side of all places in which blasting is to take
place or remains in a waiting place free from fumes and dust, as specified thermal conditions;
practicable.
(b) no blasting would be contemplated during a
Blasting 114. (1) A holder of an explosives blasting licence shall ensure lightning storm and that all electrical blasting
under -ground. that– connections are immediately disconnected;
and
(a) blasting operations are scheduled so that the
exposure of workers to dust, fumes and (c) adequate protection is taken against radio
smoke is kept as low as possible; and frequency hazards when firing explosives by
electrical means.
(b) adequate ventilation is provided to remove
any harmful gas or fumes before a worker Specific
116. (1) Proper notice shall be given to the winding engine
returns to a worksite after a blasting safety issues.
operation. underground driver by the banks man or the setter immediately before
explosives are conveyed in a shaft.
(2) Subject to sub-regulation (3), the decision to re-enter
worksite following blasting shall be taken following– (2) No tools, rock, or other materials shall be conveyed in
a shaft in the same conveyance as explosives, and no person other
(i) the examination by a competent person than the person in charge of such explosives, and one assistant if
of the worksite with an approved testing necessary, shall accompany explosive in any such conveyance.
device in orderr to determine whether
the worksite is adequately ventilated (3) When explosives are contained in unopened cases,
and safe; and persons carrying explosive shall not carry any light other than an
electrical hand lamp or a safety lamp of a type approved by the
(ii) the approval of the mine manager who
Director.
shall have obtained data from the
competent person in charge of
ventilation further to his testing of the (4) A person carrying explosives underground shall be
site to ensure that the blast area is clear preceded by a person carrying a light and such person shall give
from any harmful dust or fumes. proper warning of the approach of the explosives.
126 127

(5) No person shall return to any working place until such (8) Before destroying explosives a specially made
place is free from the dust, smoke, and fumes caused by blasting, and exclusion zone shall be established and made secure.
every team leader in charge of workmen shall be responsible for
ensuring that the workmen in his charge comply with these (9) Records shall be kept of the quantities and types of
Regulations and shall report without delay any case of gassing, explosives destroyed and the destruction method used.
however slight to the competent person.
(10) Recognising that the residue created by the burning
Disposal of 117 . (1) A competent person or an authorised officer shall of explosives may have an adverse impact on animals, a mineral right
explosives. order the destruction of any explosives in a magazine which, in his holder shall ensure that such residue is buried or otherwise disposed
opinion have become unfit for use and such person shall immediately of in accordance with applicable environmental regulations or with
destroy the explosives in question, provided that no compensation the approval of the Environment Protection Agency.
shall accrue to the competent person or an authorised officer for
such disposal. PART X–SURFACE AND OPEN PIT MINING

(2) A holder of an explosives blasting licence shall ensure 118. (1) A mineral right holder has a duty to design and Safe surface
or pit mine.
that any explosive or detonator that is defective as a result of the operate a surface or open mine in such a mannere that is safe to
passage of time or the method of storage is not used and is removed workers and has the least negative impact on the environment.
and disposed of in a safe manner in accordance with the
manufacturer’s recommendations. (2) A mineral right holder shall prepare and implement a
mine design that–
(3) If a mineral right holder wishes to dispose of a
significant amount of explosives other than by detonation or returning (a) is based on sound geotechnical engineering
the explosives to the supplier, the mineral right holder shall first practices;
obtain the written approval for the proposed disposal procedure from
the Chief Inspector of Mines. (b) considers the health and safety of workers;

(4) Explosives that are considered unsafe for normal (c) is prepared under the direction of a qualified
transport, storage or use shall be destroyed. person;
(5) Disposal shall be carried out under the control of a
(d) consists of drawings, plans, specifications
competent person and in accordance with the approved disposal
and procedures to be used in the construction
procedure.
and operation of the mine;
(6) The mine manager shall appoint a specific holder of
a blasting licence to destroy old or damaged explosives in accordance (e) takes into account the geology of the mine;
with these Regulations.
(f) assesses the ground stability of the active
(7) Explosives shall not be abandoned, thrown away, and proposed workings of the mine;
buried or discarded with rubbish.
128 129

(g) takes into account previous occurrences of (5) It shall be the duty of every mineral right holder to
ground instability; take all measures necessary to implement and maintain the angles
specified in the notice referred to in this Regulation.
(h) outlines the geometry of existing and
proposed excavations; 119. (1) The mine manager shall prepare and implement Mine erosion
and sediment
(i) includes a blasting design; drainage, erosion and sediment control plan. control plan.

(j) outlines the methods to be used to control (2) The plan referred to in sub-regulation (1) shall–
water from the strata or from any surrounding
bodies of water; and (a) include measures appropriate to the situation
intercept, divert or reduce the storm-water
(k) includes a slope stability monitoring program. run off from exposed soil surfaces, tailings,
dams and waste rock dumps;
(3) The mine manager shall ensure that–
(b) stipulate that–
(a) adequate consideration is given to–
(i) the surface drainage from disturbed
(i) a local geological structure and its areas must pass through a sediment
influence on wall stability; and pond;

(ii) rock quality of the rock mass and its (ii) tall effluent from the ponds must meet
geological structure; limitations of, inter alia, pH, heavy
metals, total suspended solids;
(b) a proper analysis is carried out of rain water
inflow, surface drainage pattern, groundwater (iii) sedimentation ponds must be
regime, mine de-watering procedures and their constructed to standards on, inter alia,
influence on wall stability over time; capacity, detention time, dewatering
location and slopes;
(c) analysis is carried out of open pit wall stability (iv) discharging compliance must meet 10-
for the projected geometry of a pit; and year, 24-hour precipitation events; and
(d) an adequate slope angle is maintained on (v) the use of treatment shall meet effluent
surface workings. standards.
(4) The Director, after consultation with a competent (3) The plan shall contain a comprehensive multifaceted
person may require the alteration of an angle, including any angle of approach to storm-water, nuisance water, erosion, and sediment
repose in order to ensure a safe working manner on any work surface control, thoroughly integrated throughout the entire planned life cycle
and in such case, give notice in writing to the mineral right holder of of the mine which can reduce potential environmental impacts, increase
the angles required. mine productivity and be achieved in a cost- effective manner.
130 131

(4) Sediment control structures, for example detention and (b) to allow for drainage, consider the
retention basins, shall be installed to treat surface runoff prior to establishment of toe drains, and no opening
discharge to surface water bodies. in a berm is greater in width than the width of
the blade of any equipment used to construct
(5) The types of sediment control that may be utilized or maintain the opening.
include water conveyance structures, retention facilities, energy
dissipaters and pumps. (3) If reasonably practicable, runaway lanes or retardation
barriers which are capable of bringing a runaway vehicle to a
(6) All erosion control and sediment containment facilities controlled stop, must be placed at suitable locations and the Mine
shall receive proper maintenance during their design life. Manager shall ensure that such lanes and barriers are clearly marked
and maintained.
(7) Where feasible, surface water shall be diverted from
active pit areas to eliminate in-pit water problems and a diversion (4) Where the embankment of an open pit mine has a
ditch systems may be used to deflect the water and direct it into height of more than 5 metres and a slope greater than 65º from the
natural drainages. horizontal, a guard rail shall be installed on its upper edge.
Haulage roads. 120. (1) The mine manager shall ensue that all haulage roads Open pit
121. (1) The mine manager shall ensure that–
at an open pit mine are designed, contructed and maintained to mining
operations.
provide– (a) benches are developed at suitable levels as
determined by a geotechnical engineer
(a) a width at least three and a half times the
approved by the PERC to protect workers
width of the widest haulage vehicle used on
from falling materials;
the road where dual lane traffic exists;

(b) a width at least two times the width of the (b) the height of a working face does not exceed
widest haulage vehicle used on the road the maximum height of the loading equipment
where single lane traffic exists; and used plus two metres, unless permitted by
the Director.
(c) a surface and slope that reduce, as far as is
reasonably practicable, the danger of vehicles (c) that no hole is drilled–
slipping or skidding.
(i) within 300 millimetres of any blast-hole
(2) If there is a drop-off greater than three metres from a socket;
haulage road at an open pit mine, the mineral right holder shall ensure
that–
(ii) if any part of the hole would be within
(a) a berm at least 75% of the height of the largest eight metres of a hole charged with
tire on any vehicle used on the road is explosive, unless the hole is drilled under
constructed and maintained along the edge the direct supervision of a competent
of the road; and person;
132 133

(iii) to clear a blocked hole that is not a (4) If the Chief Inspector of Mines or an authorised person
misfired hole; or considers that the face of any working should be stepped in benches
in order to ensure safety, he shall notify the mine manager to develop
(iv) to make another hole necessary for such stepped benches and the mine manager shall take all measures
blasting a misfired hole. necessary to comply with such directions.

(2) If operations are conducted at an open pit mine during (5) If drilling is to be carried out in an open pit mine where
darkness, the mine manager shall provide suitable and adequate lights blasting has taken place, the mineral right holder should ensure that,
that are located– if mining is by benches, the drilling pattern in alternate benches is
staggered at a distance equal to half the interval between adjacent
(a) at every place at the mine where vehicles holes in the pattern.
regularly dump material over the edge of an
(6) If in the opinion of the Chief Inspector of Mines any
embankment that is more than three metres
disused working is dangerous to life or endangers public traffic he
high; and
may by notice in writing, require the mine manager to cause the same
to be filled into the level of the surface or securely fenced in and the
(b) at any other place at the mine where lighting
mine manager to whom such notice is given shall forthwith take all
is necessary because of the nature of the work
such measures to comply with the requirement thereof.
being done or the equipment being used.
(7) Every disused working within fifty metres of any public
(3) At an open pit mine, the mineral right holder shall road or footpath shall be filled in or made safe through the use of
ensure that– fences or clearly marked signs, as appropriate.

(a) all loose material is scaled or trimmed from (8) Where ground movement, as a result of mining
the side of the open pit mine where a worker operations, poses significant risk, an effective ground movement
is required or permitted to be present; monitoring system must be in place.

(b) except for berms, all equipment, (9) The mine manager and Health and Safety Officer shall
unconsolidated material, rocks and ensure that if applicable, appropriate methods of open pit wall
construction materials are kept at least two monitoring are used over a period of time to determine wall stability
metres from the edge of the open pit mine; conditions.
and
122. (1) A mineral right holder shall ensure that mining Environmental
protection
(c) the slope of any pile of unconsolidated operations comply with its environmental licence obligations. performance.
material adjacent to the open pit mine is at an
angle not steeper than the least of one (2) Notwithstanding sub-regulation (1), minimum
horizontal to one vertical and the natural angle environmental protection performance standards applicable to all
of repose surface mining and reclamation operations include the requirement
to–
134 135

(a) maximise the utilization and conservation of (k) place excess spoil materials in such a manner
the ore resource so as to minimize future land to ensure stability, proper drainage and
disturbance; prevent erosion.
(b) restore the land to a condition capable of PART XI-–DREDGING AND PLACER MINING
supporting other land uses;
123. (1) Notwithstanding section 128 of the Act an application Dredging
(c) restore the original contour of the land where permit
practicable; for a dredging permit shall include– application.

(d) stabilize surface area and spoil piles to control (a) justification for use of dredging as a mining
erosion and air and water pollution; method;

(e) remove, segregate, protect and replace topsoil (b) plans showing the location of the dredging
or other strata shown to be more suitable for operation together with the general layout of
supporting vegetation; the dredging proposal;

(f) refrain from mining within 150 metres of active (c) the design and construction details of the
or abandoned underground mine to prevent dredge including–
breakthroughs; (i) structural details;
(g) design, operate, maintain and abandon waste
(ii) the means to be used to manoeuvre the
disposal areas in accordance with the
Operating Manual; dredge and move the dredge from place
to place in the dredging operation;
(h) treat, bury, or dispose of acid-forming, toxic, (iii) the means to be used to break out and
or combustible waste materials to prevent
raise the product of the dredging
water contamination or spontaneous
operations; and
combustion and develop contingency plans
to prevent sustained combustion; (iv) the maximum depth below the surface
of the water at which dredging
(i) proceed with reclamation efforts in an operations are to be carried out;
environmentally sound manner and as
contemporaneously and practicable with
(d) design details of any mooring or anchoring
mining operations;
apparatus to be used in carrying out the
(j) construct and maintain access roads so that dredging operation;
erosion, siltation, water pollution, damage to
fish and wildlife or their habitat, or damage to (e) details of the loads used in any design,
public or private property is prevented; and stability and buoyancy calculations;
136 137

(f) details of any ballast requirements or (iii) the means to be used to transfer the
limitations including any restrictions on the product of the dredging operation to the
storage of free liquid; barge;
(g) the maximum and minimum draught of the
dredge; (d) details of the means of access from the bank
to the barge; and
(h) details of the means of access from the bank
to the dredge; (e) the report of a qualified naval architect
confirming the buoyancy and stability of the
(i) the report of a qualified naval architect barge under all operation conditions;
confirming the buoyancy and stability of the
dredge under all operation conditions; 124. (1) The mine manager shall ensure that before any repairs, Floating
pla nt.
(j) the results of buoyancy and stability tests; plant modifications or alterations are carried out on a dredge or floating
and plant that may affect its strength, buoyancy or stability, all plans,
specifications, drawings and design calculations are submitted to
(k) details of any approvals obtained under any the Director for approval.
other law.
(2) The Director shall grant an approval under sub-
(2) A mineral right holder who intends to use a floating regulation (1), after consulation with an engineer approved by PERC.
plant alongside a dredge shall include information on the floating
plant in its application for a dredging permit. (3) The mine manager shall ensure that–
(3) The information on the floating plant referred to in (a) the hull of a dredge or floating plant is
sub-regulation (2) shall include– maintained in a sound and watertight
condition;
(a) justification for use of a floating plant as part
of its operations if operated in a large body (b) the buoyancy compartments and ballast
of water; compartments are maintained so as to ensure
(b) plans showing the location of the floating the stability of the dredge or floating plant;
plant operation together with the general
layout of the floating plant proposal; (c) the freeboard is maintained to suit the
prevailing operating conditions;
(c) the design and construction details of the
barge on which the excavating equipment is
(d) suitable means are provided to prevent
located including–
persons from falling overboard;
(i) structural details;
(e) warning systems or devices are provided to
(ii) the means to be used to manoeuvre the warn that machinery is about to be started;
plant and move it from place to place in
the dredging operation; (f) automatic electrical or mechanical devices are
provided that immediately stop any apparatus
and from breaking out or raising material from
138 139

the working face in the event of an overload (5) A person shall not interfere with any lifesaving
which might affect the stability of the dredge equipment provided on a dredge or floating plant except for the
or floating plant; purpose of saving lives in the course of the conduct of a training
(g) devices are provided that indicate variations exercise approved by the mine manager or pursuant to any direction
in the list and the fore and aft trim of the from the .
dredge;
125. (1) The mine manager shall ensure that every placer and Waste quality.
(h) the stability and structure of the dredge or dredge mining operation under his control shall maintain water
floating plant are maintained when materials, quality standards as prescribed by the Environmental Protection
plant, equipment or other loads are Agency and shall implement best management practice to protect
transferred onto it or removed from it;
existing beneficial uses from nonpoint sources of pollution.
(i) any dredge or floating plant used in a mining
operation is equipped with such life saving (2) The spillage of oil and other materials into rivers and
equipment as is necessary to preserve the existing water bodies is prohibited.
lives and effect the rescue of persons who
may fall overboard and that such equipment (3) Mining operations shall utilise settling ponds to
must be maintained and kept in a conspicuous recycle wash water in a closed system and the discharge of process
place that is easily accessible and shall be
immediately repaired or replaced when waters to any surface water will require a Pollution Discharge
damaged or lost; Elimination System Permit issued by the Environment Protection
Agency.
(j) if necessary, warning notices are posted in
conspicuous places to warn persons of 126. (1) A mineral right holder shall ensure that any river River
danger from headlines, side lines and other diversion.
diversion as made as part of the mining operation is designed to
drive lines or mooring lines and that each internationally accepted standards with suitable precautions made
anchor for a head line, side line or other drive
line or mooring line is of adequate strength; to prevent the river diversion from bursting its banks and causing
flooding and damage to life or property downstream.
(k) each workplace used in a dredging or floating
plant operations is adequately illuminated at (2) The Director shall request a mineral right holder to
night and that no person must enter an un- produce a peer review confirming that the design is safe and the cost
illuminated part of a dredging or floating plant of the review shall be borne by the mineral right holder.
operation at night unless the person or
another person accompanying that person
carries a light adequate to ensure safety. (3) The Chief Executive Officer shall ensure that all
surface impoundments and dams required for mining are designed to
(4) Notwithstanding clause (k) of sub-regulation (3), a l l internationally accepted geotechnical standards taking into account
un-illuminated areas shall be barricaded to prevent entry by the Hazard Rating System described as follows:
personnel.
140 141

Hazard Potential Loss of Human Economic, Environmental, CATEGORY 1 CATEGORY 2 CATEGORY 3

Classification Life Environmental,
Lifeline Losses Completion of
Tailings Storage Yes Yes Yes
Low None expected Low and generally Data Sheet
linked to the owner

Significant None expected Yes Design Report prepared Report prepared by Notice of Intent
in detail by geotech- geotechnical or prepared.
nical or engineering engineering
High Probably one or Yes (but not necessary
specialist. specialist.
more for this classification)

Construction Supervised by Brief construction Constructed by a

(4) Dams are categorised into three categories as described below for geotechnical or report as with suitably experi-

which varying levels of detailed study and justification of design and rehabili- engineering specialist. as-built drawings. enced contractor.
Detailed construction
tation measures are required as further described in sub-regulation (5).
report with as-built
drawings.
Dam Categories
During Annual inspection Inspection and Inspection and
Hazard Rating High Significant Low Operations and audit by Geotech- audit every 2 years audit every 3
nical or Engineering by Geotechnical or years by Geo-
Maximum >15 m Category 1 Category 1 Category 1 specialist. Engineering specialist. technical or
Embankment Engineering
Height specialist.

5-15 m Category 1 Category 2 Category 2 During operation During operation as During operation
as recommended recommended by the as recommended
<5 m Category 1 Category 2 Category 3 by the Geotechnical the Geotechnical or by the Geotech-
or Engineering Engineering specialist nical or Enginee-
(5) The design and operating requirements for each category of mine specialist. ring specialist
tailing storage facilities are detailed in the table below.
142 143

(6) A mineral right holder shall ensure that the impact on

CATEGORY 1 CATEGORY 2 CATEGORY 3 water tables, flow of water, catchment areas, erosion of pond walls
and dams are carefully managed and are in accordance with the
Rehabilitation Inspection and de- Inspection and Inspection and requirements of the environmental management plan.
Phase commissioning report decommissioning decommission-
by Geotechnical or report by Geo- ing report by 127. (1) A mineral right holder who intends to use a hydraulic Hydraulic
mining.
Engineering specialist. technical or Geotechnical or mining system within his operations shall apply to the Director for
Engineering Engineering approval.
specialist. specialist. (2) The application referred to in sub-regulation (1), shall
include–
Provision of Yes Yes Yes
(a) justification for use of hydraulic mining as a
Emergency mining method;
Action Plan
(b) identification of water sources to be used for
Routine daily Yes Yes Yes
supplying the system and an analysis of the
effect of the operation on the water systems
inspection by
of the area;
site personnel
(c) plans showing the location of the hydraulic
mining operation together with the general
layout of the mining proposal;
and
(d) any other information requested by the
Director.

(3) The Director after consultation with the Board and

any other competent person may approve the application referred to
in sub-regulation (1), based on the merits of the application and an
analysis of the benefits and potential impacts.

(4) Where the Director rejects an application referred to

in sub regulation (1), the mineral right holder may appeal to the Board
who shall deliver its determination within 14 days of receipt of the
appeal.

(5) The decision of the Board shall be final and binding.

144 145

PART XII–UNDERGROUND MINING 129. (1) A mineral right holder shall take reasonable measures Underground
mine plans.
to ensure that a competent person constructs accurate plans that
Underground 128. A mineral rights holder who wishes to develop cover all restricted areas and areas where the surface infrastructure
mining
application. underground mining operation shall notify the Director in writing of workings shall be situated.
and the notification letter should include the following -
(2) An underground mine plan shall consist of a legible
(a) the name and location of the mine; index key plan showing–

(b) the number of the lease, tenement or other (a) the areas covered by the relevant plan sheets,
interest; the mine boundaries and the farm names and
boundaries within and adjacent to the mine
(c) the name and address of the principal or this detail on every plan sheet as an inset
employer at the mine; key plan drawn to a legible scale;

(d) the mining operations to be affected and (b) a plan of the surface showing the boundaries
whether they are to be commenced, of the mining area and farm boundaries,
recommenced, abandoned or suspended; heights representative of workings, areas in
which mining has been restricted or
(e) the date on which the mining operations are prohibited; lines indicating the planes of
to be commenced, recommenced, abandoned sections, original surface contours,
or suspended, as the case may be; boreholes, dams, watercourses, faults, dykes,
water plugs names of adjacent mining areas,
(f) a statement of the proposed methods of survey stations and relevant survey point,
operating which must include a description explosive magazines, outcrops and dips of
of the proposed underground mining the mineral deposits, perimeters of all surface
methods; mining, shafts, openings, rescue boreholes,
subsidence or cavities, areas of restricted
(g) all proposed roads or vehicular trails; mining affecting the surface, any hazardous
services whether on surface or buried and a
(h) the size and location for all structures and plan of every other surface object, structure
facilities to be built; or reserve which requires protection against
mining;
(i) an estimate of the quantity of water to be
used; and (c) where a bedded mineral deposit has an
average inclination to the horizontal of more
(j) details of all pollutants that are expected to than 60" (sixty degrees), a plan showing the
enter any receiving water must be identified. projection of the workings onto a vertical
plane parallel to the average strikes;
146 147

(d) where multiple bedded mineral deposits (6) Where plans are deficient, the Director may have the
overlie each other, the workings thereof on mine surveyed and new plans prepared at the expense of the mineral
separate plans; and right holder .

(e) where a massive or irregular ore body is (7) The Chief Inspector of Mines and the Director shall
worked, level plans and vertical sections keep information contained in any plan confidential and may only
through the workings must be kept. release such information in accordance with any relevant legislation
and for the purposes of consultation with the local community
(3) A mineral right holder shall– affected by the mining operations.

(a) ensure that a rehabilitation plan is produced 130. (1) A mineral right holder shall ensure that a ventilation Ventilation.
illustrating the final surface contours and and rescue plan is produced and drawn to a legible scale depicting–
established water courses;
(a) the ventilation districts;
(b) provide the Chief Inspector of Mines annually
with updated copies of the plans; (b) the direction of air currents;

(c) take reasonable measures to ensure that, (c) the quantity of air circulating in the
before a mine is abandoned, closed or ventilation district;
rendered inaccessible, the plans and
departmental copies are brought up to date (d) the position of each fan, door, regulator,
by a competent person and the Director is crossing, stopping and telephone;
notified to inspect the plans for approval;
(e) the position of each refuge bay, rope-aided
(d) ensure that updated and approved hard or normal escape route, safe place, first aid
copies of the plans and inventories, on room, main water valve, fire fighting
durable drafting material, together with the equipment site; and
survey station register are submitted into the
Mining Cadastre Office following the (f) any area sealed off for fire or spontaneous
inspection and approval of the plans. combustion.

(4) The design must provide for the necessary surface (2) The ventilation and rescue plan shall contain a square
impoundment, treatment or control of all runoff water and drainage grid and shall be lettered horizontally and numbered vertically in
workings so as to reduce soil erosion and to prevent the pollution of order to facilitate rescue.
receiving waters.
(3) An updated hard copy of the rescue plan must be
(5) In the case of computer aided drafting, legible plans immediately available at the mine for rescue operation purposes, and
in book form (approximately A3 size) or a copy of the index key plan, in the case of a coal mine, an updated hard copy must be submitted to
indicating additionally the outlines of the workings as well as the the Chief Inspector of Mines at intervals not exceeding three months.
surface infrastructure and a copy of the back-up must be provided.
148 149

Underground 131. (1) The mine manager shall ensure that– (3) The mine manager shall ensure that–
mine safety.

(a) any battery operated electric lamp for use (a) provision is made at all working levels for the
underground in the mine must be fitted with safe entry and exit of persons entering or
two independent globes or with one globe leaving a cage, skip, and kibble or ladder way
containg two independent lighting filaments; in the mine;

(b) every person travelling or working (b) the top and each level entrance to a shaft or
underground in the mine is provided with decline in the mine is kept securely fenced or
battery operated cap lamps that are of an protected by a gate, unless the temporary
appropriate standard and have a sufficient removal of a fence or gate for the purposes
of repairs or other operations, provided that
capacity and adequate reserve for the
other proper precautions are taken to protect
duration of the relevant shift; the entrance to the shaft or decline;
(c) adequate procedures and facilities are
(c) the designs, and any modification that can
established at the mine for the maintenance
change the design criteria of structures for
of cap lamps and an adequate system is in draw points, tipping points, rock passes and
place at the mine for the issuance of cap lamps box fronts are recorded and approved in
to employees. writing by a competent person;
(2) No person shall travel or work underground unless (d) the approved designs and records of
the person – approval are kept readily available at the mine
for the life of such installation;
(a) wears a cap lamp that is in good working
condition; (e) written procedures are prepared and
implemented for–
(b) is working in a fully illuminated workshop,
control room or similar installation; (i) the removal of structures for draw
points, tipping points and box fronts;
(c) is in an underground crib room;
(ii) persons entering a rock pass while it
(d) is operating a vehicle or any other mobile contains water, mud, rock or a
equipment; or combination thereof;

(e) is doing any other work which the mine (iii) clearing blocked rock passes; and
manager has directed in writing does not
require the wearing of a cap lamp. (iv) the lock-out, maintenance and re-
habilitation of draw points, tipping
points, rock passes and box fronts.
150 151

(f) unless exempted in writing by the Chief (i) that in the event of any mains’ firing or large
Inspector of Mines, a direct form of electronic scale mass blasting in the mine all persons
communication is provided in the mine are accounted for at a place determined to be
between the surface at convenient places safe prior to the commencement of the firing
underground; or blasting;

(g) if any hazard to any employee in a workplace (4) A mineral rights holder shall ensure that–
in the mine has not been remedied or removed
before the end of a shift– (a) prior to use, a competent person certifies in
writing that the construction, installation and
(i) a record is made in writing and signed modification of draw points, tipping points,
by the supervisor of the shift for the rock passes and box front structures have
workplace concerned setting out the been done in accordance with their design
nature of the hazard and its location and criteria; and
the state of corrective measures taken
to remedy the hazard; (b) the written certifications in (a) are kept readily
available at the mine for the life of the
(ii) the record is read and ountersigned by particular structure.
the supervisor of the next shift for the
workplace concerned before any (5) The Chief Inspector of Mines may direct that a
employee does any work in the new shift telephone or other form of electronic communication should be
in the workplace; and installed in a particular place in an underground mine, and the mine
manager of an underground mine shall ensure that a direction given
(iii) before any employee does any work in by the Chief Inspector of Mines is complied with as soon as is
the new shift in the workplace, the practicable.
supervisor for that shift has advised the
employee of the nature of the hazard (6) The mine manager of a mine in which tackless mining
and its location, the state of corrective equipment is used shall ensure that workers–
measures taken to remedy the hazard
and the work and precautions required (a) wear an outer vest or webbing harness fitted
to be taken to remove or remedy the with reflective material so as to be visible from
situation. all directions; or

(h) a procedure is established at the mine for (b) have panels or strips of reflective material
checking all persons in and out of the mine securely attached to their clothing so as to
so that all persons are accounted for at the be visible from all directions.
end of each working shift;
152 153

(7) A mineral right holder shall ensure that– (9) A mineral right holder shall prepare and require the
mine manager to implement a procedure to prevent injury to persons
(a) no person is injured as a result of the failure involved with the installation, construction, inspection, testing and
of any dam wall, plug or barricade which is maintenance of the following hydraulic pressure systems–
designed to prevent the leakage of water
underground as a result of the inappropriate (a) high pressure water jetting systems;
design, sub-standard construction or
inadequate inspection and maintenance of (b) shaft high pressure cement columns;
such dam wall, plug or barricade;

(b) any dam wall, plug or other barricade keeping (c) shaft water and sludge columns;
back water underground is designed and
constructed under the supervision of a (d) dam water and sludge systems;
competent person where the product of the
capacity in cubic meters and the hydraulic (e) mine residue discharge pumps;
head in meters of the dam storing water
underground and of which they form part (f) hydraulic water accumulator systems;
exceeds 50 000;
(g) high pressure pumping installations; and/
(c) any dam wall, plug or other barricade keeping or
back water underground, where the product
of the capacity in cubic meters and the (h) backfill columns and associated
hydraulic head in meters of the dam storing equipment.
water underground and of which they form
part, does not exceed 50 000, is be designed, (10) Where operations at two or more horizons are
constructed, inspected and maintained under
interlinked by vertical or sub vertical openings in an underground
the supervision of a competent person; and
mine the mine manager shall ensure that systems of work and
precautions are devised and implemented which will minimize any
(d) all design calculations and drawings of dam
walls, plugs and barricades and mine plans risk of injury or harm to health if persons are required to work on
indicating the exact position of such dam those horizons at locations near the vertical or sub vertical openings.
walls, plugs and barricades are stored safely
for the life of such dam walls, plugs and (11) When an accident causes the immediate death of any
barricades and are readily available. employee, the place where the accident occurred must not, without
the consent of the Chief Inspector of Mines, be disturbed or altered
(8) A mineral right holder shall formulate reasonably before such place has been inspected by a competent person or any
practicable measures to prevent persons from being injured by the other person authorised by the Director unless such disturbance or
unintentional release of water and hydraulic pressure from any dam alteration is unavoidable to prevent further accidents, to remove
storing water underground and shall procure that the mine manager fatalities and injured employees or to rescue employees from danger.
implements the same on site; and
154 155

(12) The mine manager shall promptly inform the Director (iv) access ways to main magazines;
of the occurrence of any accident under sub-regulation (9) and the
Director or authorised person shall inspect the accident site (v) crib rooms and first aid stations;
within 3 days of receipt of the notice of accident.
(vi) major tips and loading points for rail and
(13) Work may be resumed at the place where the accident trackless haulage;
occurred if the Director or authorised person fails to inspect the
place within 2 days after notice of the accident has been given. (vii) conveyor galleries and transfer stations;
(14) Any employee having a material interest in an accident
(viii) any installation, travel way or workplace
as well as the employee’s representative may attend any inspection
where a cap lamp does not provide
in loco conducted by a competent person but such attendance is at
sufficient illumination; and
their own risk.

(15) In case such employee is, by reason of death or the (ix) any other facility where lack of
severity of his injuries, unable to appoint any representative to attend illumination could create a hazard.
the inspection in loco, the relatives, or in their absence the fellow
employees of such employee may appoint such representative. (b) any haulage area under repair and any
temporary obstruction in the mine are
(16) All persons working in or on haulage ways or railway delineated with flicker lights or with reflective
lines shall wear reflective clothing. barriers or signs placed at a safe stopping
distance for any equipment being used;
Lighting in
underground
132. The mine manager shall ensure that–
mines. (c) effective auxiliary lighting is provided in any
(a) suitable permanent or fixed installation place where persons are required to assess
lighting is provided at each of the following ground conditions in the mine and that such
locations in the mine– lighting has an effective distance range
greater than that of a cap lamp;
(i) main entries or landings of shaft, adit,
decline platforms and loading stations; (d) adequate standard of lighting is provided for
overhead drilling into high backs and walls
(ii) workshops and service areas where in the mine.
moving machinery or equipment could
be a hazard; 133. (1) A mine manager who wishes to use a winding plant Permit for
winding plant.
within a mine shall apply to the Director for a permit.
(iii) fixed machinery installations such as
pump stations, crushing stations, (2) The Director may grant a permit in the prescribed form
primary or circuit fans, electrical switch to the mine manager upon receipt of the application referred to in
rooms and sub-stations; sub-regulation (1).
156 157

Conveyance 134. Unless permitted under these Regulations, no person shall 139. The mine manager shall ensure that– Depth
operated by indicator.
winding plant. ride in or permit any person to use a conveyance operated by a
(a) in addition to any marks on the rope, every
winding plant. winding engine shall have reliable and
conveniently situated depth indicators which
Winding 135. The average weight used for calculating winding capacity show the operating position of the cage, skip
capacity. or other means of conveyance clearly and
shall be 70kg.
accurately to the winding engine driver at
his operating station;
Brakes and 136. The mine manager shall ensure that each winding drum or
holding
power. winding sheave shall have adequate brake which shall be kept in (b) every winding engine shall clearly and
accurately alert the winding engine driver
proper working order.
where a reduction in winding speed is
necessary;
Rope on 137. (1) Except for winding engines which are of a friction
drum.
drive or sheave type variety, there shall not be less than three turns (c) the pointer of the dial indicator on the drivers’
right hand side shall move in a clock wise
of the rope upon the drum when the cage, skip or other means of
direction when lowering, and the pointer and
conveyance is at its lowest point in the shaft or winze from which spiral indicator shall move up or down as the
hoisting is being carried out. conveyor moves up or down; and

(d) only one indicator is required on every

(2) In relation to all types of winding engines, the mine winding engine where the rope is driven by
manager shall ensure that the end of the rope is fastened securely friction on every single drum winding engine
around the arm or shaft of the drum. and every winding engine having 2 drums
permanently fixed on one shaft.
Locking 138. (1) The mine manager shall ensure that the operating 140. The mine manager shall ensure that winding rope is made Suitability.
Devices.
mechanism of the clutch of every winding drum is provided with a of steel wire and the gauge of the wires used in the construction of
locking arrangement which shall be used to prevent the inadvertent the rope is suited to the diameter of the sheaves and drums.
withdrawal of the clutch. Defective.
141. The mine manager shall ensure that no rope which has
been reinforced due to weak or defective portion or from which a
(2) If the clutch is not clearly visible from the driver ’s defective portion has cut and the ends joined is used in a winding
operating position the mine manager shall ensure that means are plant.
provided to indicate to the driver at all times, the extent to which the Ratio of load.
142. The total mass attached to the winding rope when persons
clutch is engaged or disengaged. or materials are being conveyed shall not exceed nine-tenths of the
mass attached to the winding rope when minerals are conveyed.
158 159

Vertical 143. The mine manager shall ensure that– (b) the winding-engine driver and every
sinking
shafts.
established point below the bank from which
(a) in the course of being sunk, every vertical the winding engine is normally carried on.
shaft is provided with two separate means
whereby persons employed in the sinking 146. No person shall travel in a conveyance operated by men Winding of
process can signal effectively from the button and a winding engine if the conveyance is loaded fully or partially minerals.
of the shaft and from any depth in the shaft with minerals unless expressly permitted in writing by the mine
to the winding engine; manager or any skilled engineer and provided that the material is not
likely to endanger persons travelling in the conveyance.
(b) each winding plant is provided with an
effective signalling arrangement for 147. The mine manager shall ensure that– Permitted
materials.
interchanging distinct and definite signals
between the winding engine driver and the (a) a list is kept of all materials that are regularly
bank and between the winding engine driver conveyed in the shaft or winze and that such
and every established intermediate landing list is regularly updated and left readily
station below the bank. available for inspection by all persons
concerned; and
Locked bell 144. (1) The mine manager shall ensure the implementation of
system. (b) all persons authorised to issue signals for
a locked bell system for use during the operation of a winding engine.
the raising and lowering of persons pursuant
(2) The locked bell system referred to in sub-regulation to these Regulations are aware of the material
(1), shall enable the interchange of signals between the winding– documented in the list.
engine driver and every established point below the rank from which
148. A mineral right holder shall appoint, in writing, an engineer Winding
the winding engine is normally carried on, provided that the system equipment.
shall not enable the banks man to signal on this system to anyone registered under PERC to examine the winding equipment in
but the winding-engine driver. accordance with these Regulations.

(3) The locked bell system shall be arranged so that the 149. (1). The mine manager shall ensure that the engineer Examination.
by engineer.
winding engine driver can easily distinguish between signals received refered to in Regulation 148–
from the bank and signals received below the bank.
(a) inspects the following parts at least once
daily–
Call bell 145. (1) The mine manager shall ensure the implementation of
system.
a call bell system for use during operation of a winding engine. (i) the winding ropes;

(2) The call bell system referred to in sub-regulation (1), (ii) the balance ropes or tail ropes;
shall enable the interchange of signals between–
(iii) the connection of the winding ropes to
(a) the winding-engine driver and the bank; and the drums;
160 161

(iv) the conveyance and the main members (3) If the examination discloses any undue or rapid wear
by which they are suspended; of the rope or wire which although not constituting sufficient reason
for condemning the rope indicates a need for more than usual
(v) all safety catches and devices; attention, the mine manager shall ensure that examinations of the
rope or wire are made more frequently.
(vi) the pulley wheels and sheaves;
(4) The mine manager shall ensure that the appointed
(vii) the brakes; and engineer shall inspect the connections between the winding rope
and the drum, the sheave wheel or any other wheels and all other
(viii) the depth indicators; connections at least once in each calendar month and at interval not
exceeding 45 days.
provided that these examinations may not be
necessary on any day in which the winding plant 150. (1) The mine manager shall provide a book to be termed Drivers’ log
book.
makes less than 50 trips. ‘drivers log book’ for each winding engine other than an automic
winding egine in which the winding engineer shall document a true
(b) inspects the following parts at least once in report of the conditions of the winding engine which shall include
each week and at intervals not exceeding ten the winding engine’s brakes, ropes wires, clutches, reversing gear,
days– depth indicators and all other fittings.

(i) the over speed and overwind pre- (2) The driver’s log book shall be signed by the winding
vention devices; and engineer after each inspection, the winding engineer shall ensure
that the drivers’ log book is annotated with the time and duration of
(ii) all external parts of the winding engine;
each inspection.
(c) inspects the structure of the winding rope,
all wires and the balance rope or tail rope at (3) The driver’s log book shall be kept in the winding
least once in each calendar month and at engine room and shall be recorded in duplicate.
intervals not exceeding 45 days with a view
151. (1) No person shall drive a winding plant unless that Winding
to ascertaining the amount of deterioration certificate.
thereof. person is the holder of a winding engine certificate.

(2) For the purpose of an examination under clause (c) of (2) Notwithstanding sub-regulation (1), a learner winding
sub-regulation (1), the applicable rope or wire shall be cleaned at engine driver may drive a winding engine plant under the direct
places selected by the engineer who shall, following inspection, note supervision of a certificated winding engine driver provided that no
any reduction in the circumference of the rope or wire, variation in persons are in conveyance at that time.
the length of lay of the rope or wire and any superficial condition of
the wires or rope which signal wear, corrosion, fractures and 152. (1) No person shall carry out the duties of a bank man or Bank man or
on-setter.
brittleness and all other data required to ascertaining the amount, on-setter unless the person is the holder of an on-setter’s certificate
extent and distribution of the deterioration of the rope or wire. issued in accordance with these Regulations.
162 163

(2) Every appointment of a bank man or on-setter shall where S is the distance in metres between the known and the unknown
be made in writing by the Mine Manager. survey station:
Speed. 153. The winding engine driver shall control the shock speed
of a winding engine to ensure that when any bucket or other means provided that in the case of a traverse, after a check survey has been
of conveyance is approaching or passing through, it is travelling at completed, the error in direction of a line between any two consecutive
a slow and safe speed and the crosshead is picked up or released survey stations shall not exceed 2 (two) minutes of arc, provided that
without the horizontal and vertical displacement between the measured
154. The bucket or other means of conveyance shall not be position and final position of a survey station does not exceed 0.1
Shaft bottom.
lowered directly to the bottom of the shaft if workers are preset but (zero point one) metres–
shall be stopped by the winding engine driver at least five metres
above the bottom and shall not be lowered further until a signal has (a) the allowable error for a Primary Survey
been given by one of the workers at the base. (Class A) shall not be greater than A metres;
Protective 155. (1) No person shall work or be caused or permitted to
cover. (b) the allowable error for a Secondary Survey
work at the bottom of a shaft unless protected by an adequate
(Class B) shall not be greater than 1.5A
covering extending over the whole area of the shaft with sufficient
metres;
space left for the passage of any bucket, skip or other means of
conveyance.
(c) the allowable error for a Tertiary Survey
(2) In a vertical shaft the covering shall be situated not (Class C) shall not be greater than 3A metres;
more than 25 meters from the bottom and in an inclined shaft such
covering shall be situated not more than 30 meters from the bottom. (d) the allowable error for a Localised Survey
shall not be greater than 0.2 (zero point two)
Survey 156. (1) A mineral right holder shall employ a competent person
practice. metres in addition to the allowable error at
to be in charge of surveying, mapping and mine plans and if more
the nearest survey station.
than one person is employed the mineral right holder shall ensure
that their functions do not overlap. (e) errors in representation on plan shall not
(2) The mine manager shall ensure that a sufficient exceed 0.1% (zero comma one per cent) of
number of survey stations are established so that all surface objects the denominator of the scale of the plan in
can be accurately surveyed and each survey station shall be clearly addition to the allowable survey error at the
marked with a unique number and recorded in a register. nearest survey station or Fixed Position.
(3) The minimum standard of accuracy and class of
survey for the fixing of survey stations on both horizontal and vertical (4) Where surveying cannot be accurately done due to
planes shall be designed in accordance with the following formula: significant risks, the estimated position of affected workings or objects
must be indicated by broken lines and an explanatory note must be
A= 0,015 + S written giving reasons why accurate measurements could not be
30000 made.
164 165

(5) The following detail shall be depicted on all plans, event that plans are produced by means of
where applicable– computer aided drafting the Director may
request that such plans be produced on
(a) date of measurement of workings;
suitable drafting material;
(b) surface contours;
(b) all plans are drawn to a scale of 1 : 1 000;
(c) planes of sections or planes of plans;
(d) a subject heading indicating the name of the (c) all plans are at all times correct to within 12
mine and the name of the plan; (twelve) months, except for the plans
showing the workings which must at all times
(e) name and signature of the competent person; be correct to within 3 (three) months.
(f) date of updating;
(d) in the case of offshore prospecting and
(g) identification number allotted by authorities; mining, plans must at all times be correct to
within 6 (six) months;
(h) the survey system and co-ordinates of origin
used;
(e) an inventory of all plans and all copies are
(i) a north point; kept showing the name of the mine, name
and number of the plan, date of the last
(j) the scale of the plan; updating of the plan, all relevant details where
a plan has been superseded and the name of
(k) a legend illustrating colours and
the competent person responsible for
conventional signs not provided for by the
Director; drafting the plan;

(l) co-ordinate lines sufficient in number for the (f) when a plan or sheet is superseded by another
scale of the plan to be verified; and plan or sheet, the old and the new plan shall
be clearly referenced accordingly.
(m) in the case of mining at sea, the centre
position of the sheet must be indicated in Surveying,
157. A mineral right holder shall take reasonable steps to ensure
geographic co-ordinates (longitude and mapping and
latitude). that, in all surverying and mapping done and all plans prepared mine plans.
for the purposes of these Regulations–
(6) A mineral right holder shall ensure that–
(a) all units of measure conform to the metric
(a) all plans are drawn on durable transparent system, except angular measurements which
drafting material on sheets of a size not greater must conform to the sexagesimal system;
than A0 as defined by the International
Organisation for Standardisation and in the
166 167

(b) all mine surveys conform to the WGS 84 (iv) faces of workings being advanced
Survey System as determined by the Director within 50 (fifty) metres or any lesser
of Survey and Lands provided that the distance permitted following risk
projection origin may be changed to reduce assessment, from any excavation,
the numerical values of the co-ordinates and mining restricted area or any place where
survey systems established on a mine prior there is, or is likely to be, a dangerous
to 1 January 2011 may be retained provided accumulation of fluid material, noxious
that a tabulation of the co-ordinates of at least or flammable gas; and
3 (three) Survey Stations in both the existing (v) safety pillars that are being or have
and the national control survey system, are been, removed.
shown on every sheet comprising a plan;
(b) that no boundary pillars are worked or cut
(c) elevations determined above and below through unless written permission has been
ground on a mine refer to mean sea level as obtained from all relevant adjacent employers
determined by the Director of Surveys and and the Chief Inspector of Mines.
Lands;
(2) A mineral right holder shall ensure that–
(d) all plans conform to the conventional signs
and colours provided by the Director of (a) no mining operations are carried out under
Survey and Lands; and or within a horizontal distance of 100 (one
hundred) metres from buildings, roads,
(e) all survey records required pursuant to these railways, reserves, mine boundaries or any
Regulations shall be kept electronically and structure or surface whatsoever which it may
be necessary to protect, unless a shorter
shall be routinely backed up.
distance has been determined safe by risk
Mine safety assessment and all restrictions and
158. (1) A mineral right holder shall ensure that–
and conditions determined in terms of the risk
precautions. assessment are complied with;
(a) a competent person is aware of–
(b) on the inside of every mine boundary,
(i) workings which are being advanced; continuous pillars are left standing (in situ)
the width of which, measured horizontally
(ii) surface structures or objects which may and at right angles to the boundary line,
be affected by mining operations; must not be less than 9 (nine) metres.

(iii) workings being abandoned or closed (3) Where risk assessment identifies that as a result of
down in order to allow for the final mining operations, ground movement poses significant risk, the
surveying thereof; mineral right holder shall ensure that an effective ground movement
monitoring system is in place.
168 169

(4) The competent person responsible for surveying (2) A mineral right holder may enter into a contract with a
activities shall submit to the Chief Inspector of Mines the distance prepared-rescue service provider to coordinate and facilitate mine
and accompanying restrictions and conditions for comment prior to rescue teams and other ness and services relating to emergency or
commencement of such activity. may form a mine rescue team from its own response competent
persons.
(5) In the absence of any adjacent employer, permission to
work or cut through boundary pillars shall only be required from the (3) A mineral right holder shall ensure that–
Chief Inspector of Mines.
(a) where there could be between 100 and 1100
(6) Where the Director determines that there may be errors persons underground, at least 1 team or
in any survey or plans submitted by a mineral right holder or that outsourced team is available;
they do not conform to the standards of accuracy required by these
Regulations, the Director may require a check survey to be carried (b) where there could be between 1101 and 3600
out and the cost of which must be borne by the mineral right holder persons underground at least 2 teams or
if the check survey proves that there are errors in any survey or plans outsourced teams are available;
or that they do not conform to the standards of accuracy required by
these Regulations. (c) where there could be more than 3,600 persons
underground at least 2 teams or outsourced
Under- 159. (1) A mineral right holder shall prevent employees from teams are available and at least 1 additional
Ground outlet.
being trapped in any underground excavation by providing, where team or outsourced team for every additional
practicable from every underground working place, two exists,each 3,600 persons who could be underground;
of which is connected to separate means of egree to the surface.
(4) A mineral right hodler shall have readily available at
(2) Where it is not practicable to provide two exits as the mine for use by the team or outsourced team, sufficient breathing
provided for under sub-regulation (1), the employer shall implement apparatus that may be required in any emergency which must
other reasonably practicable measures determined by mine risk continually comply with internationally accepted standards for
assessment, to prevent employees from being trapped in any respiratory protective devices as well as self-contained closed-circuit
underground excavation. breathing apparatus and related equipment.

(3) Except in the case of emergency no person may enter (5) Where an emergency occurs at the mine that may
or leave the underground workings of a mine except by means of require the use of the team or outsourced team the mineral right
ingress or egress especially provided or set apart for that purpose by holder shall immediately notify the team or outsourced team.
the employer unless such person is authorised to do so by the mine
manager. (6) The team or outsourced team shall–

Under- 160. (1) The mine manager shall provide and maintain, readily (a) be an organization or institution which has
ground
Emergency. available at the mine, mine rescue teams made up of competent personnel with specialist knowledge and
persons. experience in mine rescue and emergencies
170 171

and which has access to rescue equipment, (9) Every team or outsourced team shall implement and
training facilities (including simulated maintain a system to issue licences to practice to persons who meet
training), facilities for heat tolerance testing the criteria to practice as a competent mine rescue person, provided
and workload testing; that each team or outsourced team shall ensure that the criteria shall
include the following stipulations–
(b) render an emergency rescue service on a co-
operative basis; (a) the person has been declared medically fit to
perform work at the mine;
(c) provide mines rescue services with emphasis
on mobilisation of mine rescue teams,
(b) the person has passed a heat tolerance test;
quantity or access to rescue teams,
emergency communication, additional
emergency resources, back up facilities and (c) the person has undergone refresher-training
transport; sessions as determined by a competent
person at intervals of not more than three
(d) ensure that any breathing apparatus, self- months and at least two of these trainings
contained closed-circuit breathing apparatus per annum must be in a mine or a simulated
and other related equipment used by the mine in an atmosphere filled with smoke whilst
team or outsourced team continually comply using a breathing apparatus; and
with internationally accepted standards for
respiratory protective devices; (d) the person has passed the work load test,
and such persons shall upon satisfaction of
(e) test and maintain the functional performance the above and any other criteria determined
of any other rescue equipment used by it in by the team or outsourced team, be found
accordance with the original equipment competent to practice as a rescue team
manufacturer’s specifications; and member as part of a team or outsourced team.

(f) ensure that all personnel is competent to (10) Every team or outsourced team shall monitor the
check and maintain any rescue equipment compliance by persons issued with a licence to practice under and
used by it in accordance with the original
may suspend or revoke any such licence if the person no longer
equipment manufacturer’s specifications;
meets such requirements, provided that the licence shall be promptly
re-issued upon the satisfaction of such requirements.
(7) Every team or outsourced team shall keep a register
of all persons who have been found competent to practice as a rescue
team member under the supervision of the team or outsourced team; (11) Where an emergency occurs at a mine that requires
the deployment of a team or outsourced team, the mineral right holder
(8) Every team or outsourced team shall issue licences to shall ensure that the required number of mine rescue teams is deployed
persons who satisfy the criteria set forth in sub-regulation (6). as soon as possible.
172 173

(12) No mineral right holder , team or outsourced team (2) Accidents referred to in clauses (a), (b), (c) or (d) of
shall allow any rescue team member to be deployed as a member of a sub-regulaiton (1) shall be reported to the Chief Inspector of Mines
team or outsourced team during an emergency unless such rescue immediately and by the quickest means available and must be
team member is in possession of a valid licence to practice and has confirmed without delay.
passed a pre-operational medical examination, as determined by the
team or outsourced team to ensure that the rescue team member is (3) Accidents referred to in clause (e) of sub-regulation
medically fit at the time of deployment. (1) shall be reported to the Chief Inspector of Mines within three
days after the accident is reported.
Reporting of 161. (1) The mine manager shall promptly report any accident
accidents.
to the Inspector of Mines that results in– (4) Accidents referred to in clause (f) of sub-regulation
(1) shall be reported to the Chief Inspector of Mines in a prescribed
(a) the death of any employee; form within 3 days at the end of each month.

(b) injury to any employee which is likely to be (5) Where the death of an employee referred to in clause
fatal; (a) of sub-regulation (1) is related to a rock-burst or fall of ground,
the mineral right holder shall ensure that a competent person writes
(c) injury which causes an employee to suffer a report on such incident and the Chief Executive Officer shall forward
the loss of a limb or a part of a limb or sustain the report to the Chief Inspector of Mines within 14 days of the
a permanent disability; fatality.

(d) unconsciousness, incapacitation from (6) When an injury results in the death of an employee
heatstroke or heat exhaustion, oxygen following the reporting of the accident or, if a minor injury which is
deficiency, the inhalation of fumes or not reportable pursuant to this regulation results in the death of an
poisonous gas, electric shock or electric burn employee or when general sepsis or tetanus develops as a result of
accidents which are not reportable under any injury, the employer must immediately report it to the Chief
clause (b); Inspector of Mines.

(e) injury which incapacitates the injured (7) Where the injury of a person referred to in
employee from performing that employee‘s subregulation (1) occurs or a dangerous occurrence is related to fire
normal or a similar occupation for a period or the use of explosives the mineral right holder shall procure the
totalling 14 days or more; or writing of a detailed report on the incident by a competent person
and such report shall be forwarded by the Chief Executive Officer to
(f) injury which incapacitates the injured the Director within 14 days of the accident.
employee from performing thate employee’s
normal or a similar occupation on the next (8) The mine manager shall report to the Chief Inspector
working day. of Mines any of the following dangerous occurrences at the mine–
174 175

(a) an uncontrolled extensive rock-burst or fall (c) any unplanned or uncontrolled flow of water,
of ground which has caused the following broken rock, mud or slimes at the mine which
damage underground– may pose a significant risk to the safety of
persons;
(i) at least 10 linear metres of working face
to be severely damaged and choked re- (d) the breakdown of any main ventilation fan;
quiring reestablishment and re-
supporting or be abandoned; (e) any power failure occurring in the
underground workings of a mine which poses
(ii) at least 25m 2 of working area to be a significant risk to the health, or safety of
severely damaged and choked persons at a mine;
rendering support units ineffectual and
needing to be reestablished, re- (f) any ignition or explosion of gas or dust or
supported or be abandoned; any fire related to mining operations or any
indication or recrudescence of fire or
(iii) at least 10 linear metres of gully to b e spontaneous combustion at or in a mine;
restricted with rock clearly recently
displaced from the hanging wall and (g) the presence of flammable gas exceeding one
gully sidewalls; comma four parts per hundred by volume in
the general atmosphere at a mine, or any
(iv) at least 10 linear metres continuously or portion of a mine, if such flammable gas is
30 linear metres cumulatively, of access detected for the first time, or the first time
ways of tunnel or travelling way to be such flammable gas is again detected after
severely damaged and requiring re- not having been detected therein for a
habilitation or abandonment; continuous period of three months;

(v) at least 10 m2 of roof or 5m3 of rock to be (h) any of the following events in relation to any
displaced from the roof of the mining winding-engine, winding drum or
cavity or excavation; or conveyance–

(vi) at least 10m 3 of rock to be freshly (i) fracture or failure of any essential part
displaced from pillars or tunnel idewalls. of the winding-engine, fracture or failure
of any safety device used in connection
(b) any unplanned or uncontrolled caving, side with the winding equipment;
wall or slope failure or subsidence in the
ground or workings, causing damage to the (ii) fracture, failure or serious distortion of
surface, which may pose a significant risk to winding rope, fracture, failure or serious
the safety of persons at a mine; distortion of any connection between
176 177

the winding rope and the drum or (x) any overwind or over-run of the
between the winding rope and the conveyance to an extent which may
conveyance and any other load have endangered persons or may have
suspended from or attached to such caused damage to the winding
rope; equipment;

(iii) fracture, failure or serious distortion of (xi) failure of depth indicator; or

any connection between conveyances
or between a conveyance and any (xii) loss of control of any winding engine.
suspended or attached load, fracture
(i) any serious problems with lifts or elevators,
of guide rope or its connections, including but not limited to the following–
fracture of balance of tail rope or its
connections, fracture or failure of any (i) fracture or failure of any essential
winding or balance sheave; part of the driving or operating
machinery of a lift or elevator or
(iv) fracture or failure of any essential part safety device used in connection
of the headgear or other sheaves with the same;
support;
(ii) fracture or distortion of the lift or
(v) jamming or accidental overturning of a elevator rope, fracture or failure of
conveyance or its load, fouling of shaft attachments of such rope;
equipment or the jamming of crosshead;
(iii) fracture or failure of any sheave,
(vi) any occurrence of a conveyance, bridle, shaft or shaft bearing of such
frame or crosshead accidentally leaving sheave;
guides or derailing; (iv) jamming of car or counterpoise;

(vii) fracture or failure of the braking system (v) fracture or failure of braking system
or of any critical parts thereof; or of any critical parts thereof; or
(vi) failure to activate when required of
(viii) failure to activate when required of any
any safety catches or arresting
safety catches, arresting devices or devices or activation of any safety
activation of any safety catches or catches and/or arresting devices
arresting devices when not required; when not required;

(ix) failure to activate when required of any (vii) any object falling down the shaft or
over winding prevention device or any other incident which
activation of such device when not necessitates the inspection of the
required; shaft;
178 179

(viii) any failure of breathing apparatus (10) A mineral right holder shall keep and maintain a record
whilst deployed, or the use of in which the particulars of all accidents and dangerous occurrences
emergency escape apparatus, which are required to be reported in terms of this Regulation, must be
procedures or rescue mechanisms, recorded without delay and all records of accidents or dangerous
or any rescue from entrapment of occurrences must be kept and maintained for six years from the time
any employee; that the accident or dangerous occurrence becomes reportable.

162. (1) The mine manager shall ensure that each trackless Tackless
(ix) propelled mobile machine running machinery
out of control which may pose unit transport used in the mine, including earth moving equipment– etc.
significant risk to the safety of
(a) are designed, constructed and equipped to
workers;
conform with the Factories Act, 1974 (Act
(x) fracture or failure of any part of a No. 3 of 1974)
boiler or safety device of a boiler or (b) is fitted with the equipment required under
pressure vessel which may have sub-regulations (2).
endangered persons;
(2) The trackless unit referred to in sub-regulation (1)
(xi) any fracture or failure of any part, shall be fitted with–
driving machinery, rope or chain
(a) service brakes to be used as the primary
forming part of a chairlift installation
braking system;
which may have endangered
persons or may have caused (b) secondary or emergency brakes to be used
damage to such chairlift installation; in the event of the failure of the primary
and/or service brakes;

(xii) any unauthorised or accidental (c) parking brakes; and

ignition or detonation of explosives,
any exposure of persons to blasting (d) rear stop lights which light up as red when
fumes or any detonation of the service brakes are applied or when the
explosives which may pose a retarder is actuated.
significant risk to the safety of
(3) The brakes referred to in sub-regulation (2) may use
persons.
common components but the failure of any one component must not
prevent the application of the secondary brakes to stop the unit
(9) A mineral right holder shall ensure that a system is in safely.
place whereby the mine manager is informed, as soon as is practicable
after its occurrence of any accident or dangerous occurrence which (4) At least one of the brakes referred to in sub-regulation
is reportable under this Section. (2) shall be designed to permit operation by the operator of the unit.
180 181

(5) If a power assisted brake is provided as part of any of (c) the dimensions in each haulage way are
the braking system of a trackless unit– sufficient to provide the clearances required
under sub-regulation (9).
(a) the power assisted brake must be capable of
being applied in the event of an engine failure (9) A haulage way shall have–
and must be able to bring the vehicle to a
stop in all operating conditions; and (a) a total horizontal clearance of not less than
1.8 metres based on the widest vehicle used
(b) the brake must have a pressure gauge fitted in the mine; and
that is clearly marked to indicate the minimum
safe braking operating pressure and the (b) a total vertical clearance of not less than 600
gauge must be clearly visible from the vehicle millimetres based on the highest vehicle used
operator’s seat. in the mine, which shall include any overhead
protection canopy.
(6) A clear visual indicator or an effective interlocking
system shall be provided to protect against the trackless unit being (10) If two or more trackless units are required to operate
driven with the brakes applied. in a haulage way, the mine manager must ensure that an appropriate
traffic control system is implemented to minimize the risk of collision
(7) The mine manager and the mineral right holder shall between units.
ensure that the brakes on each trackless unit are tested in accordance
with the manufacturer’s or supplier’s specifications and maintained (11) The Chief Inspector of Mines may require warning
in good working order. lights, signal lights or a block light system to be installed in a haulage
way.
(8) To facilitate the safe haulage the mine manager shall (12) A person who operates a trackless unit shall ensure
ensure that– that the transmission is engaged at all times while the unit is in motion.

(a) if special precautions are necessary for the (13) The operator of a trackless unit in an underground
safe running of trackless units in a haulage mine shall ensure that the unit is not parked or left unattended unless–
way in the mine an adequate number of
warning notices are posted in the haulage (a) the engine or power supply has been
way advising persons of those special switched off;
precautions;
(b) the parking brake has been applied;
(b) the road surface of each haulage way in the
mine is regularly graded and maintained in a (c) any bucket or other implement is lowered to
good and safe condition; and the ground or chocked; and
182 183

(d) if a flashing light is fitted to the vehicle, the (18) The warning signal required this regulation shall be
light is activated during any period when in addition to any reversing alarm which may be fitted to the unit.
there is other traffic in the locality.
163. (1) The mine manager shall ensure that– Safety
standards for
(14) If a trackless unit is left unattended on a slope in an machine.
underground mine, the operator of the unit must ensure that the (a) all areas where diesel fuel is stored
wheels of the vehicle are either turned towards the adjacent side wall underground and where fuelling is carried out
or securely chocked. are clearly marked and measures are in place
to prevent spillage, contamination and fire;
(15) The mine manager and the mineral right holder shall
ensure that each trackless unit used in the mine is cleaned, inspected, (b) all services, maintenance and repairs to
tested and maintained by a competent person at intervals, and in diesel-powered equipment are performed by
accordance with procedures, recommended by the manufacturer. a competent person ;

(16) The mine manager and the mineral right holder shall (c) diesel engine fuel is delivered underground
ensure that– in such a way that no spillage takes place
during delivery;
(a) all windows and windshields that are fitted
to trackless units used in the mine are made (d) when fuel is piped underground fuel delivery
of laminated glass or other shatter proof pipes are drained each time after use;
material; and
(e) fuel is stored underground in non-flammable
(b) if any window or windshield is cracked from robust containers which do not leak; and
one edge to another, the window or
windshield is replaced as soon as is (f) the quantity of fuel stored underground is
practicable. limited to 3 (three) day’s estimated
consumption.
(17) If the size or design of a trackless unit used at an
underground mine restricts the field of view of the operator in the (g) that every mobile diesel engine powered unit
intended direction of travel– when not in use, is kept at a location that is
sufficiently ventilated to prevent a build-up
(a) the mine manager and the mineral right holder of diesel fumes in the air at that location.
shall ensure that the unit is fitted with an
audible warning signal; and (2) Every diesel engine used underground shall be
provided with means whereby–
(b) the operator of the unit must ensure that the
warning signal is sounded before the unit is (a) the air entering the engine is cleaned;
moved from a stationary position.
184 185

(b) all exhaust gas shall, prior to expulsion, be machine for a period in excess of 180 days is required to undergo
cooled and diluted; and refresher testing in order to ensure that person continues to satisfy
condition specified under clauses (a) to (c) of sub-regulation (1).
(c) the emission of all flames and sparks is
prevented. (3) No person operating a self-propelled mobile machine
shall leave such machine unattended unless that person has taken
(3) The mine manager shall ensure that all equipment reasonable precautions to prevent it from being set in motion by an
designed to implement the results described in sub-regulation (2) unauthorised person.
kept clean and maintained in an effective manner.
165. (1) If rail mounted locomotive haulages are used or are to Underground
rail transport
(4) Every underground filling station where diesel be used in an underground mine, the mine manager shall ensure that machinery.
powered units are refuelled shall be adequately ventilated, a plan is repared in accordance with sub- regulation (2) to ensure that
constructed of non-flammable material and have a smooth imperious the operation and maintenance of the haulage system is made as safe
floor which must be kept clean at all times. as is reasonably practicable.
Self-pro-
pelled mac-
164. (1) The mine manager or any competent person mobile (2) The plan referred to in sub-regulation (1) shall be
hines. appointed under these Regulations may in writing, authorise any prepared before the haulage system is used at the mine and shall
person to drive a self-propelled mobile machine if the mine manager include details of operating and maintenance procedures, haulage
or competent is satisfied that such person– specifications and layout and required safety precautions.

(a) has attained the age of 18 years; (3) The mine manager shall ensure that as soon as is
practicable after a plan is prepared under sub-regulation (2) a copy of
(b) does not suffer from defective sight or hearing the plan is submitted to the Chief Inspector of Mines for approval.
or any other mental or physical infirmity
which is likely to interfere with the efficient (4) If in the Chief Inspector of Mines’ opinion a plan is
performance of duties; inadequate in any respect, the Chief Inspector of Mines may direct
that the plan be amended in a specified way and re submitted to the
(c) has completed a satisfactory course of Chief Inspector of Mines.
training; and
(5) A direction may be given under sub-regulation (4) as
(d) has been found competent to do so upon often as the Chief Inspector of Mines deems necessary until the plan
completion of a test set by the competent is satisfactory.
person or by some other competent person
to whom this duty has been delegated by the (6) The mine manager must ensure that a direction given
engineer. under sub-regulation (4) is complied with as soon as is practicable.

(2) All persons authorised to drive a self-propelled mobile (7) The mine manager shall ensure that–
machine who have for any reason whatsoever not driven such a
186 187

(a) no internal combustion engine, other than a (f) the anticipated mine development for at least
diesel engine, is used underground in the one year; and
mine;
(g) the direction and volume of air at each surface
(b) only automotive diesel fuel is used in diesel opening of the mine,
engines used underground in the mine.
(2) The mine manager shall ensure that a person is
(c) if any liquid that is a flammable liquid or appointed to be a ventilation officer for the mine and may appoint
combustible liquid is taken underground in different persons to be ventilation officers for different parts of the
the mine, the liquid is taken underground in a mine.
container that does not leak, and is
transported in a secure manner. (3) The mine manager shall inform the Chief Inspector of
Mines writing of the appointment of each ventilation officer, who
(d) at any time the quantity of automotive diesel may by written directive exempt any mine from the requirements of
fuel stored underground at the mine does not these Regulations if, in the Chief Inspector of Mines’ opinion, the
exceed the quantity required to do 3 days’ scale, scope and nature of mining operations at the mine do not
work at the mine. warrant the appointment of a ventilation officer.
Underground 166. (1) Before commencement of operations, the mineral mine (4) To be eligible for appointment as a ventilation officer
ventilation.
right holder shall submit an accurate and up-to-date mine ventilation for an underground mining operation, a competent person whose
plan to the Director which shall include the following information– training or qualifications included mine ventilation as a substantial
component of the curriculum or a qualification considered by the
(a) the limits of the mine property including all Director to be adequate for the mine.
known underground workings bordering the
mine, regardless if these workings are above, (5) A ventilation officer for an underground mining
adjacent to or below the level of the mine; operation shall be responsible for–

(b) the location of all oil and gas wells; (a) regularly inspecting and testing workplaces,
travel ways and locations where persons may
(c) the location of all surfaced installed fans, the travel in the mine to determine whether–
type of fan, the manufacturer’s name, the
size of the fan and complete operating (i) atmospheric contaminants in the mine
specifications; are maintained at levels as low as can
reasonably be achieved; and
(d) the location of all surface mine openings;
(ii) the mine ventilation system is providing
(e) any abnormal conditions such as faults adequate ventilation flows through
which affect mine ventilation; those areas;
188 189

(b) determining and recording the quantity and (i) reporting promptly to the mine manager or
quality of ventilating air in the mine using the mine manager’s representative any defect
correct procedures and instruments and or deficiency of which the ventilation officer
equipment suited to that purpose at three is aware in the ventilation at the mine and
monthly intervals and after substantial any atmospheric contamininant level in a
change to the primanry ventilation circuits workplace at the mine that exceeds the
and volume flows;
exposure standard;
(c) operating, calibrating and maintaining any
metering or monitoring device used to (j) maintaining and entering in the ventilation
determine the levels of emissions of toxic or log book all records required under this part
other atomospheric contaminants from any and ensuring that each complete entry is
plant or equipment at the mine; dated and signed; and
(d) ensuring that all atmospheric contaminant
sampling requested by the Chief Inspector (k) providing technical advice and guidance to
of Mines or Director is carried out and is any technician employed to assist the
recorded and reported accurately and within ventilation officer.
the time required;
(6) The mine manager shall cause to be kept at the mine
(e) reading and recording the wet and dry bulb
a ventilation log book in which the information required by law must
tempretures of all workplaces in the mine
be recorded.
where it is suspected that temperatures or
humid conditions may have potential for (7) The mine manager shall ensure that any defect or
adverse effects on the safety and health of deficiency in the ventilation system in the mine reported by a
persons in thise workplaces; ventilation officer to the mine manager or the mine manager’s
(f) correctly selecting and positioning auxiliary representative is rectified as soon as is practicable and must record
fans, regulators and other controls, if the rectification in the ventilation log book.
required to ensure that the required volumes
of air are provided in workplaces at the mine (8) If any fan or other ventilation device at a mine breaks
to satisfy statutory requirements; down, the mine manager of an underground mine shall ensure that
(g) having the pressure and volume readings of such action is immediately taken as is necessary to ensure the safety
primary fans used in ventilating the mine and health of all persons affected by the breakdown.
taken and recorded at intervals not exceeding
three months; (9) The mine manager shall ensure that ventilating air
provided for in the mine is of sufficient volume, velocity and quality–
(h) having ventilation plans of the mine updated
at intervals not exceeding three months, and
(a) to remove atmospheric contaminants
ensuring that the current ventilation and
resulting from blasting and other mining
survey information is immediately available
operations in the time allowed for that
on special plans maintained for the use of
purpose; and
rescue teams in the event of an underground
emergency;
190 191

(b) to maintain a healthy atmosphere in atmospheric conditions conducive to

workplaces during working hours by reducing safe and healthy conditions for the
the level of atmospheric contaminants in the workforce.
workplace to levels as low as are practicable.
(b) any installations provided for the regulation
(10) A mineral right holder shall cause all necessary and control of air flows in the mine are kept
measures and precautions to be taken to ensure that employees at free from obstruction and are maintained in
the mine do not suffer harm to their health from the adverse effects of good order.
extremes of heat or cold.
167. (1) Storm-water trenches and embankments shall be Flooding.

(11) If conditions in any workplace are, or are likely to be, established and kept in a good order at every mine to protect workers
hot and humid, the mineral right holder shall ensure that– from flooding on surface and in all underground workings where
persons are employed.
(a) all employees are provided with training on
measures to be taken to avoid any harmful (2) The collar of every shaft or other similar opening
effects from those conditions; surface, situated in low lying ground which connects with
underground workings where persons are employed shall be raised
(b) appropriate workplace environmental so as to afford efficient protection against flooding.
controls (including ventilation) and
monitoring are implemented; and (3) No person shall work or cause or permit any other
person to work, in any position from which the falling or slipping of
(c) if appropriate, a program for monitoring the such person may result in injury unless such person is secured by a
health of employees in the workplace is life-line or otherwise suitably safeguard.
implemented.
(4) No person shall enter or cause or permit any other
(12) The mine manager shall ensure that– person to enter any accumulation of water or mud unless such person
is secured by a life-line or otherwise suitably safeguarded.
(a) if diesel units are used at the mine, each fan
and other ventilation device at the mine is 168. The mine manager shall ensure that a sufficient number of Bore holes.
selected, installed, operated and maintained boreholes are holes drilled to a suitable length in order to provide
so that– ample warning of the existence of water bearing fissures and such
drilling shall be carried out in advance of all development ends except
(i) the air volume circulating in the mine is those for which exemption in writing has has been obtained from the
sufficient to maintain the good health Director.
and safety of the workforce; and
169. (1) No person shall commence work or continue to work Flammable
gas.
(ii) the fan or other ventilation device is in a mine where the atmosphere contains more than 1.4 per hundred
sufficient to maintain workplace by volume of flammable gas or in the same ventilating district within
a radius of 30 metres of such part.
192 193

(2) No person shall use or cause or permit any other 173. (1) In a development end of a mine the mine manager Water blast.
person to use any electrical machine or any electrical apparatus in shall–
any underground working place in a mine where the atmosphere
contains more than 1.4 (one point four parts) per 100 by volume of (a) test the apparatus immediately before a hole
flammable gas other than– is charged with explosives;

(b) test all ventilation required in relation to such

(a) an electric lamp approved pursuant to these blasting; and
Regulations;
(c) take the necessary steps to bring the said
(b) a flammable gas measuring instrument apparatus into action immediately before or
approved pursuant to these Regulations; or after a charge has exploded, provided that, if
after testing the apparatus or any required
(c) a flammable gas warning device or other ventilation system is not operating the mine
monitoring or communication system manager shall not authorise the charging of
approved pursuant to these Regulations. holes with explosives or firing.

(2) The mine manager or supervisor shall not enter or

Testing of 170. In the course of every inspection made pursuant to these
flammable allow a person to enter a development end after a charge has exploded
gas.
Regulations, the ganger or miner in charge shall test for flammable therein, unless:
gas with gas measuring device and if flammable gas is detected in an
amount exceeding 1.4 (one point four parts) per hundred by volume, (a) all blasting apparatus has been in action for
the ganger or miner in charge shall ensure the immediate withdrawal at least 30 minutes or such lesser time as the
of persons from the area and shall promptly inform the Mine Manager Director may permit, in writing; and
or supervisor in writing of the presence of gas. (b) the air is free from smoke, gas, fumes and
Misfired
dust.
171. In order to discover any misfired holes and sockets from
holes, and
the face and immediate vicinity, the ganger or miner in charge shall, Blasting
sockets. 174. (1) The mine manager shall fix all blasting times. times.
before drawing any hole with wax, paint or other indelible material or
indicating to any driller worker under him the position of any hole to (2) The mine manager shall not permit blasting to occur
be drilled, remove or cause to be removed all loose or loosened rock, unless reasonable precautions are taken to prevent any person from
mineral or ground and shall carefully examine the face and immediate being exposed to smoke, fumes and dust emanating from the firing.
vicinity.
(3) Prior to blasting the ganger or miner in charge shall–
Dissipitation
fumes.
172. The mine manager shall not, after any firing has taken place (a) wet the ground thoroughly within a distance
whether by electricity or in any other manner, enter or allow any of at least 10 meters of the anticipated blast;
person to enter the place in which firing has occurred until the harmful and
smoke, gas, fumes or dust caused by the explosion have dissipated
unless the mine manger or other person is wearing effective safety (b) observe the precautions herein in relation
apparatus approved by the Director which is specifically designated to misfired holes.
to prevent the inhalation of smoke, gas, fumes or dust.
194 195

PART XIII–RECLAMATION AND MINE CLOSURE (4) Re-vegetation considerations include planting grass
CONSIDERATION and bushes in areas prone to erosion, applying fertilizers to promote
natural encroachment and the vegetation must resemble that of the
175. (1) Notwithstanding any obligations imposed under the natural environment except for early growth which may be a protective
Enviroment Protection Agency Act 2008 (Act No. 11 of 2008) the cover crop of non-seeding annuals.
mineral right holder shall, as far as reasonably practicable, rehabilitate
Rehabilitating the mining area and close the mine in a manner that ensures the long–
mining area. (5) Prior to re-vegetation, the mineral right holder shall
term safety of the area. ensure that the land is properly prepared and where possible organic
soil that has been saved during original site development shall be
(2) A mineral right holder shall rehabilitate and restore utilised on the land.
the site to a satisfactory condition by undertaking the following
practices and procedures– (6) A mineral right holder shall ensure that re-vegetation
processes are self-sufficient for a period of six years after planting
(a) eliminating unacceptable health hazards and
and shall not require fertilization or on-going maintenance.
ensuring public safety;
(7) A mineral right holder shall ensure that any
(b) limiting the production and circulation of
contaminated land shall be rehabilitated and all contaminated soil
substances that could damage the
shall be removed from such land for placement into a designated
environment;
and properly managed contaminated area and shall otherwise ensure
(c) taking measures to eliminate the need for long that the contaminated soil will not cause harm to public health or the
term maintenance and monitoring; environment.

(8) A mineral right holder shall provide a quality

(d) restoring the site to a condition in which it is
assessment of the soils and sub-soils near electrical stations with
visually acceptable to the local community;
facilities which contain oil or petroleum products and shall
and
decontaminate them if required following the assessment.
(e) reclaiming land for future use in areas which
contain infrastructure. (9) A mineral right holder shall provide documentation
indicating whether or not the equipment in use contains
(3) All areas affected by mining operations including Polychlorinated Biphenyl (PCBs) and, if so, all soil assessment must
building sites, tailings ponds, sedimentation ponds and waste rock include PCB determinations.
piles shall be re-vegetated in accordance with sub-regulation (4) in
order to control erosion and restore the site’s natural condition, 176. (1) Where designated buildings are to be removed, walls Removal of
shall be raised to the ground and foundations shall be removed equip vegeta tion.
provided that, if all or part of the mining site, especially mine rock
piles, cannot be re-vegetated, the mineral right holder shall prove but if they remain, they must be covered with a sufficiently thick
that the site is nevertheless in a “satisfactory condition” as determined layer ment etc. of growth media to permit the establishment of self-
by a competent person . suffient.
196 197

(2) All waste caused by the dismantling of buildings and (8) Where it is technically and economically feasible to
infrastructure including innocuous waste such as concrete, shall be do so, the mineral right holder shall ensure that all underground
documented, removed from the site and stored in an authorized waste infrastructuressuch as crushers, rails, metal structures, water and air
disposal site created on the mine site, the location is approved by the pipes, fans and pumps must be removed from the site and de-
Environment Protection Agency . contaminated.

(3) All buried support infrastructures such as tanks, pipes 177. (1) All surface openings to the underground work sites Rehabili-
and underground services, shall be removed but may, depending on shall be backfilled and levelled to blend in with the surrounding ta tion.
the future use of the mining site, remain on site. topography or may be concretcapped but if the options are not
techinically or economically feasible, a suitable fence shall be
(4) The primary mining site and secondary access roads built,when backfilling surface openings and the mineral right holder
and railways shall be kept in a condition sufficient to allow access to
shall seek the approval of the Director to determine whether the material
monitor and to maintain mining structures and before closing down
to be used is acceptable.
access roads, the mineral right holder shall check to see whether any
other authorities wish to maintain and legally accept responsibility
for the access roads or railways, as applicable. (2) A mineral right holder shall ensure that any surface
pillars retain long-term structural stability after mining operation cease
(5) Where roads or railways are no longer necessary the and sustain their own weight and, if applicable, the weight of
site shall be restored as follows– unconsolidated deposits, watersheds and all other surface loads and
furthermore the mineral right holder shall ensure that engineering
(a) road surfaces, shoulders, escarpments, steep studies of pillar stability are prepared and submitted to the Director
slopes, regular and irregular benches must prior to mine closure.
be rehabilitated to prevent erosion; and
(3) Mine dewatering ponds shall be restored unless the
(b) road surfaces and shoulders must be scarified, mineral right holder proves that they serve a future purpose.
blended into natural contours and re-
vegetated. (4) Pond dikes must be levelled, the site re-vegetated and
natural drainage shall be re-established.
(6) Equipment and onsite and offsite electrical
infrastructures such as pylons, electrical cables and transformers (5) Treatment of sludge shall be stored in the tailings
belonging to the mineral right holder shall be dismantled, provided
ponds or in the absence thereof, disposed in accordance with these
that such installations may remain in place if there is a future potential
Regulations.
use for it and there isagreement on who should monitor and
maintain those installations.
(6) Mine rock piles shall be stable in the long term to
(7) Mining equipment such as hoists, pumps, conveyors, prevent erosion, subsidence or collapse and the generation of acid
jackleg drills, ore processing equipment grinding mills, flotation cells, water andother contaminants and shall meet such environmental
cyanidation tanks, thickeners and heavy machinery such as motor standards as may be prescribed by the Environment Protection
vehicles, drills and shovels shall be de-contaminated and removed Agency.
from the site by the mineral right holder.
198 199

(7) Tailings and sedimentation pond containment (a) septic tanks are emptied, decommissioned
structures shall– and removed or completely filled with gravel,
(a) be maintenance-free; sand, earth or inert material, provided that
purification field treatment ponds shall not
(b) meet engineering criteria for physical be removed;
stability; and
(b) wastewater treatment ponds for domestic
(c) not deteriorate, erode or collapse under waste are emptied and backfilled or efficiently
natural elements such as wind, water or drained so as not to create stagnant water
earthquakes, due to root damage, beaver ponds;
dams and animal burrows.
(c) sewage sludge from treatment ponds may be
(8) A mineral right holder shall use effluent-treatment used as fertilizer with the approval of the
Environment Protection Agency;
facilities as a temporary measure or a long term measure whilst striving
to develop technically and economically viable rehabilitation methods,
(d) wastewater treatment equipment are removed,
provided that the mineral right holder acknowledges that effluent- kept for reuse, or disposed in keeping with
treatment facilities do not constitute final rehabilitation. solid waste management requirements
established by the Environment Protection
(9) Systems shall be implemented to collect contaminated Agency;
waters, including ground water and divert uncontaminated run-off
water andsuch systems must require minimal maintenance and all (e) the rehabilitation of all petroleum products
mining effluents shall meet such environmental standards as may be sites used for the storage of fuels and
prescribed by the Environment Protection Agency. lubricant shall be included in the closure plan
and the measures taken to rehabilitate these
(10) A mineral right holder shall ensure that– sites shall comply with environmental
standards as may be prescribed by the
(a) all tailings pond overflow drainage is either Environment Protection Agency;
of a maintenance free variety or is regularly
maintained; and (f) storage facilities and parts thereof including
buried or surface tanks that have not been
(b) all water collection system dams meet used must be dismantled and
international engineering criteria for physical decontaminated and shall comply with
stability. environmental standards as may be
prescribed by the Environment Protection
Treatment of
Agency;
178. A mineral right holder shall ensure that the following actions
hazardous
waste. are undertaken for the treatment of hazardous waste–
200 201

(g) mining area shall be decommissioned and (a) Category P1B - administrative infringements
decontaminated and shall comply with with no immediate environmental or safety
environmental standards as may be consequences involving the submission of
prescribed by the Environment Protection
reports or maintenance of records;
Agency; and

(h) hazardous waste shall be removed from the (b) Category P2B - operational infringements
mining site after mining operations are resulting in the potential for harm to the
permanently shut down, provided that environment or the safety of workers or local
interim on-site storage may be prescribed by communities shall be termed;
the Environment Protection Agency if no
disposal or treatment technology exists.
(c) Category P3B - operational infringements
PART XIV – INFRINGEMENTS AND PENALTIES resulting in substantial harm to the
environment or the safety of workers or local
Categorisation 179. (1) Infringements by a holder of a Large Scale Mining
of infringe-
communities; and
ments
Licence shall be categorised as follows–
(a) Category P1A – administrative infringements (d) Category P4B - operational infringements
with no immediate environmental or safety resulting in substantial harm on the
consequences involving the submission of environment or the safety of workers or local
reports or maintenance of records; communities, loss of life or Serious Injury or
(b) Category P2A – operational infringements illness.
resulting in the potential for harm to the
environment or the safety of workers or local 180. (1) The Director shall, acting reasonably, determine Determination
communities; of infringe-
whether an infringement is categorized P1A, P1B, P2A or P2B and ment cate-
(c) category P3A – operational infringements shall promptly notify the Board of the relevant categorization decision gories.
resulting in actual harm to the environment and reasons for the categorization.
or the safety of workers or local communities;
and
(2) The Director in consultation with the Board shall
(d) category P4A – operational infringements determine whether an infringement is categorized as P3A, P3B, P4A
resulting in substantial harm to the or P4B.
environment or the safety of workers or local
communities , loss of life or Serious Injury or (3) The Director may consult a competent person in order
illness. to determine the most appropriate categorization threshold for an
infringement and the mineral right holder shall be required to pay the
(2) Infringements by a holder of a holder of an Exploration
Licence or Small Scale Mining Licence shall be categorised as follows– fees of such competent person.
202 203

Penalties. 181. Any holder of a Large-scale, Small-scale or Exploration (4) An arbitrator shall be jointly appointed by the mineral
Licensc who commits an infringement shall subject to Regulation 182 right holder and the Director and the arbitrator must be an
be liable to penalty prescribed in the First Schedule or a higher amount internationally accredited negotiator or mediator with experience in
determined by the Director in consultation with the Board. mining related grievances.
Suspension
182. (1) If a mineral right holder is fined in accordance with (5) The costs of the arbitration shall be paid by the mineral
and can- right holder.
cellation of Regulation 180 and subsequently repeats the same infringement for
mining which it has been fined, the Director in consultation with the Board (6) The mineral right holder or the Director has the right
licence. and with the approval of the Minister may– to appeal the decision of the arbitrator to the High Court and such
(a) upon a second infringement, suspend the appeal must be lodged by the aggrieved party within 10 days of
Mineral Right; and receipt of the arbitral decision.

(b) upon a third infringement, cancel the Mineral (7) The losing party shall pay all costs and fees
Right. associated with the appeal.

(2) Regulation 182 shall apply to a category P3A, P3B, (8) The decision of the High Court shall be final and
P4A and P4B infringement only. binding.
(3) In relation to a category P1A, P1B, P2A and P2B 185. The Director in consultation with the Board shall annually Review of
infringement only, the Director shall, prior to imposing a penalty in penalties.
review the penalty contained in these Regulations and following
accordance with this Part XIV, issue a written warning to the mineral such review the Director may amend the penalty provisions contained
right holder informing it of the relevant infringement and providing it herein.
with a period of 14 days in which to remedy the relevant infringement.
186. (1) A mineral right holder remains liable under all civil or No exclusion
(4) If the mineral right holder fails to remedy the of liability.
criminal laws to which it may be subject at any time and the penalty
infringement in accordance with sub-regulation (1) the Director
provisions contained herein shall not be interpreted as excluding
shall impose the prescribed penalty for the relevant infringement
liability or providing compensation in relation to any criminal or civil
category.
liability to which it may be subject.
Notification 84. (1) The Director shall notify the mineral right holder in
and payment writing of the infringement and the related penalty. (2) The penalty provisions contained herein are in
of fines. addition to and in no way limit or exclude the obligation of a mineral
(2) The mineral right holder shall pay the penalty within right holder to spend funds and take any other remedial or restorative
30 days of the notification referred to in sub-regulation (1) above and actions required to clean up and rehabilitate all damages resulting
if the mineral right holder fails to pay the penalty within 30 days the from the infringement and where practicable, restore damaged land
Director may apply to the High Court of for the penalty to be made by or goods to their condition prior to the occurrence of the offence.
an order of the court.
(3) The mineral right holder may dispute any penalty (3) Any compensation or fines indicated in the Act does
imposed by the Director and any such dispute shall be resolved in not reduce, preclude, compromise or replace any payment of penalties,
the first instance, by arbitration. damages, indemnities or other economic consequences attributable
to the mineral right holder under these Regulations.
204

FIRST SCHEDULE – PENALTYAMOUNTS

As established in Section 181 of these Regulations the following penalties shall

apply.

P1A Large-scale Mining License Holder $10,000

P2A Large-scale Mining License Holder $50,000

P3A Large-scale Mining License Holder $250,000

P4A Large-scale Mining License Holder $750,000

P1B Small-scale Mining License or Exploration License Holder $5,000

P2B Small-scale Mining License or Exploration License Holder $25,000

P3B Small-scale Mining License or Exploration License Holder $125,000

P4B Small-scale Mining License or Exploration License Holder $375,000

MADE this 15th day of June, 2012.

MINKALU MANSARAY,
Minister of Mines and Mineral Resources

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.

GAZETTE NO. 32 OF 11TH JULY, 2013.