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7 1965

MINES AND QUARRIES ACT, 1965

PART XIII

Offences, Penalties and Legal Proceedings

Offences.

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

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

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

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

each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the mine, any person to whom written instructions have been given by the owner in pursuance of section 12 specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the mine of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, the manager of the mine and any person who is for the time being treated for the purposes of this Act as the manager.

(2) In the event of a contravention, in relation to a quarry, of—

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

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

(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector,

each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the quarry, any person to whom written instructions have been given by the owner in pursuance of section 12 specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the quarry of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, the manager of the quarry and any person who is for the time being treated for the purposes of this Act as the manager thereof.

(3) Neither the manager of a quarry nor a person who is for the time being treated for the purposes of this Act as the manager thereof shall, by virtue of subsection (2), be guilty of an offence which consists of such a contravention as aforesaid with regard to a matter responsibility for which is duly reserved to the owner in pursuance of section 25.

(4) In the event of a contravention, in relation to a mine, by a person other than one mentioned in subsection (1), of such a provision as is mentioned in paragraph (a) of that subsection, being a provision which expressly imposes on that person or on persons of a class to which he belongs a duty or requirement or expressly prohibits him or persons of a class to which he belongs or all persons from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (1), shall be guilty of an offence, and in the event of a contravention, in relation to a quarry, by a person other than one mentioned in subsection (2), of such a provision as is mentioned in paragraph (a) of that subsection, being a provision which expressly imposes on that person or on persons of a class to which he belongs a duty or requirement or expressly prohibits him or persons of a class to which he belongs or all persons from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (2), shall be guilty of an offence.

(5) Neither the manager of a mine or quarry as such, nor a person who is for the time being treated for the purposes of this Act as the manager of a mine or quarry shall, by virtue of subsection (1) or (2) be guilty of an offence by reason of a contravention by the owner of the mine or quarry of—

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

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

or of a contravention of section 14 or 26.

Supplementary provisions as to offences.

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

Penalty for offences for which no express penalty is provided.

135. —(1) A person guilty of an offence under this Act for which no express penalty is provided shall be liable on summary conviction thereof—

(a) if he is the owner of a mine or quarry, a person to whom instructions have been given by the owner of a mine or quarry in pursuance of section 12, the manager of a mine or a quarry or a person who is for the time being treated for the purposes of this Act as the manager of a mine or a manager of a quarry, to a fine not exceeding one hundred pounds, and

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

(2) (a) Where a person is convicted of an offence under this Act and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the contravention is so continued.

(b) An offence under this subsection shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

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

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

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

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

Defence available to person charged with offence not committed personally.

136. —In any proceedings under this Act which, by virtue of subsection (1) or (2) of section 133 are taken against a person in respect of the contravention by a person other than himself of—

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

(b) a prohibition, restriction or requirement which by virtue of a notice served under or by virtue of this Act by an inspector is expressly imposed on that other person,

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

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

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

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

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

(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector,

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

Liability of owners for breaches of statutory duty by their servants.

138. —To avoid doubts it is hereby enacted that the owner of a mine or quarry is not absolved from liability to pay damages in respect of a contravention, in relation to the mine or quarry, by a person employed by him of—

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

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

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

Liability of parents for unlawful employment of children and young persons.

139. —If a child or young person is employed at a mine or quarry in contravention of the provisions of this Act, the parent of the child or young person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding twenty pounds, unless it appears to the court that the contravention occurred without the consent, connivance or wilful default of the parent.

Forgery of certificates, false statements, etc.

140. —(1) If a person—

(a) with intent to deceive, forges or uses or lends to, or allows to be used by, another person a certificate granted under or by virtue of this Act by the Minister, or makes or has in his possession a document so closely resembling any such certificate as to be calculated to deceive, or

(b) for the purpose of obtaining for himself or another person—

(i) the grant of any such certificate or the issue of a duplicate thereof or the restoration of any such certificate or a shortening of any period for which any such certificate is suspended, or

(ii) employment as manager of a mine or employment in an office the appointment to which is required by or by virtue of this Act to be made by the manager of a mine, or

(iii) employment as manager of a quarry or employment in an office the appointment to which is required by regulations having effect by virtue of section 29 to be made by the owner or manager of a quarry,

makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or produces, furnishes, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, furnishes, sends or otherwise makes use of a document which is false in a material particular, or

(c) wilfully makes a false entry in any register, book, notice or other document required by or by virtue of this Act to be kept, served or given or, with intent to deceive, makes use of any such entry which he knows to be false, or

(d) in purported compliance with a requirement imposed by or by virtue of this Act to furnish any returns, statistics or other information or to inform a person of the substance of any instructions, makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

(e) discloses any return, statistics or other information in contravention of this Act, or

(f) on being required under paragraph (f) of subsection (1) of section 131 to mark on a plan the state of any workings, marks it thereon in a way which he knows to be false in a material particular or recklessly marks it thereon in a way which is false in a material particular, or

(g) falsely pretends to be an inspector,

he shall be guilty of an offence, and liable—

(i) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both,

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred pounds or to both.

(2) In this section “forges” has the same meaning as in the Forgery Act, 1913.

Obligations of persons employed as to health, safety and welfare.

141. —(1) A person employed in a mine or quarry shall not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the mine or quarry, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use the means or appliance.

(2) A person employed in a mine or quarry shall not wilfully and without reasonable cause do anything likely to endanger himself or others.

Removal or defacement of notices, etc.

142. —If, without reasonable excuse, a person removes, injures or defaces a notice which is for the time being posted at a mine or quarry in pursuance of any provision of this Act or regulations, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding five pounds.

Prosecution of offences.

143. —(1) The District Court shall, in any proceedings for an offence under this Act, if required by either party, cause a note of the evidence to be taken and preserved.

(2) Where, in consequence of an accident or other occurrence at a mine or quarry, a special report is made in pursuance of this Act by an inspector, a report is made by a person appointed under this Act to hold a public inquiry or a coroner's inquest is held, and it appears from the report or from the proceedings at the inquest that, at or before the time of the accident or other occurrence, there was a contravention, in relation to the mine or quarry, of

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

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

(c) a condition attached to an exemption, consent, approval or authority granted under or by virtue of this Act by the Minister or an inspector,

summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(3) Summary proceedings against any person liable to be proceeded against in respect of a contravention of section 21 may be commenced at any time within three months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the contravention comes to the knowledge of the Minister.

For the purposes of this subsection, a certificate of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(4) Subsections (2) and (3) shall have effect notwithstanding paragraph 4 of section 10 of the Petty Sessions (Ireland) Act, 1851, which prescribes time limits in cases of summary jurisdiction.

(5) Where an offence is committed under this Act by reason of a failure to give notice, enter a report or do any other thing at or within a time specified by this Act, an order made thereunder, regulations or a notice served under or by virtue of this Act by an inspector, the offence shall be deemed to continue until the notice is given, the report entered or the other thing done, as the case may be.

Restriction on institution of certain proceedings.

144. —No proceedings for an offence under this Act shall be instituted against any such person as is mentioned in paragraph (a) of subsection (1) of section 135 except by or with the consent of the Minister or the Attorney General.

Duty to report results of proceedings against persons employed at mines or quarries.

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

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