| (1) |
An inspector may for the purposes of monitoring or enforcing compliance with this Act— |
| (a) |
enter any mine at any time without warrant or notice; |
| (b) |
enter any other place after obtaining the necessary warrant in terms of subsection (7); and |
| (c) |
bring into and use at any mine, or at any place referred to in paragraph (b), vehicles, equipment and material as necessary to perform any function in terms of this Act. |
| (2) |
While the inspector is at any mine or place referred to in subsection (1), the inspector may, for the purposes of monitoring or enforcing compliance with this Act— |
| (a) |
question any person on any matter to which this Act relates; |
| (b) |
require any person who has control over, or custody of, any document, including but not limited to, a plan, book or record to produce that document to the inspector immediately or at any other time and place that the inspector requires; |
| (c) |
require from any person referred to in paragraph (b) an explanation of any entry or non-entry in any document over which that person has custody or control; |
| (d) |
examine any document produced in terms of paragraph (b), and make a copy of it or take an extract from it; |
| (ii) |
any work performed; or |
| (g) |
seize any document, article, substance or machinery or any part or sample of it; and |
[It is an offence to interfere with or hinder an inspector. See section 88.]
| (3) |
An inspector may instruct any employer, employee or any other person who performs an activity regulated by this Act or any former employer or employee or person who formerly performed an activity regulated by this Act, to appear before the inspector to be questioned on any matter to which this Act relates. |
[It is an offence to fail to comply with an inspector's instruction. See section 91.]
| (4) |
Before an inspector may seize any document under subsection (2)(g), the employer of the mine may copy it. |
| (5) |
An inspector may remove any article, substance or machinery or any part or sample of it from any mine or place referred to in subsection (1) for examination or analysis. |
| (6) |
When an inspector seizes or removes any item under this section, the inspector must issue a receipt for that item to the employer of the mine or place involved. |
| (7) |
A magistrate may issue a warrant contemplated in subsection (1)(b) only on written application by an inspector setting out under oath or affirmation the need to enter a place other than a mine to monitor or enforce compliance with this Act. |
| (7A) |
The Inspector may impose a prohibition on the further functioning of the site where— |
| (b) |
serious injury or illness to a person; or |
| (c) |
a health threatening occurrence, |
has occurred by blocking, barring or barricading the site in such a manner as the Inspector may deem necessary.
[Section 50(7A) inserted by section 16 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (8) |
For the purpose of this section, "mine" does not include any home, or residential quarters, situated at the mine. |
Gas Regulator Levies Act, 2002
