Gas Regulator Levies Act, 2002
R 385
Mine Health and Safety Act, 1996 (Act No. 29 of 1996)RegulationsMine Health and Safety RegulationsChapter 8 : Machinery and Equipment |
| 8.1 | Air Compressors |
| (1) | The employer must ensure, in the case of air compressors with a free delivery in excess of 0.15 cubic metres per second and where compression takes place in the presence of lubricating oil, that the compressor is fitted with automatic means of limiting the operating temperature and pressure of the compressor to a safe level. |
[Regulation 8.1 inserted by Notice No. R. 1579 dated 13 December 2002]
| 8.2 | Underground Railbound Transport |
The employer must take reasonable measures to ensure that:
| (1) | the braking system of every locomotive or train is capable of stopping the locomotive or train within a safe distance under all operating conditions; |
| (2) | the braking system of every locomotive has passed a dynamic type test under full load conditions, before being used for the first time and after any brake design modifications; |
| (3) | the braking system of every locomotive has passed a static test before the locomotive is put into use at the commencement of each shift, after repairs and after adjustments; |
| (4) | a system is in place to alert persons to the presence and direction of travel of any locomotive or train; |
| (5) | a system is in place to assist the driver or operator of a locomotive or train to travel at a safe speed; |
| (6) | any rolling stock used for the transportation of persons is approved, by a competent person and is operated and maintained safely; |
| (7) | a system is in place that is capable of preventing any locomotive or train from inadvertently being set in motion. |
[Regulation 8.2 inserted by Notice No. R. 583 dated 14 May 2004]
| 8.3 | No person may board or alight from a locomotive or train while it is in motion. |
[Regulation 8.3 inserted by Notice No. R. 583 dated 14 May 2004]
| 8.4 | Scraper Winch and Mono-Rope Installation |
| (1) | The employer, at every mine where scraper-winches or mono-rope winches are operated, must take reasonable measures to prevent persons from being injured as a result of— |
| (a) | any person coming into contact with any moving part of a scraper winch or mono-rope winch installation or any equipment attached thereto; and |
| (b) | the scraper winch or mono-rope winch installation being unsafe. |
| (2) | The measures to be taken by the employer in terms of regulation 8.4(1) must include measures to ensure that— |
| (a) | scraper-winches and mono-rope winches are only operated by competent persons authorized by the employer to do so; |
| (b) | the scraper winch or mono-rope winch is not operated until it is examined and declared safe to operate by a person authorised to do so by the employer; |
| (c) | means are provided to forewarn persons of the intention to commence operating any scraper-winch or mono-rope winch; |
| (d) | means are provided for persons to signal to the operator, from any access point to the installation, to shut down the operation of the scraper-winch or mono-rope winch installation; |
| (e) | scraper winch and mono-rope winch ropes, scraper attachments and rope splicing are regularly inspected; |
| (f) | the scraper winch ropes are always underlay; |
| (g) | a written procedure is prepared and implemented for the installation of the winch system, covering at least— |
| (i) | the requirements of scraper and mono-winch foundations and installations; |
| (ii) | the crossover and anti-fouling arrangements of ropes from two or more winches; |
| (iii) | illumination of the moving parts of any winch so that they can be identified by persons; |
| (iv) | appropriate sheave and return pulley anchor and rigging arrangements, including the use of safety slings; |
| (v) | measures to- ensure that winch ropes are used within the design capacity; |
| (vi) | winch starter box location to ensure ease of operation by the operator; and |
| (vii) | the moving and transport of winches from one location to another. |
[Regulation 8.4 inserted by Notice No. R. 1225 dated 15 December 2005]
| 8.5 | Lifting Equipment Regulations |
Definitions
For purposes of regulation 8.5, unless the context otherwise indicates—
"Lifting equipment," means any equipment or machine or arrangement of equipment or machines intended or used for the lifting, lowering, suspension, or moving in suspension of any person or load.
"Lifting tackle," means any attachment, including anchoring points, used to secure lifting equipment or a load to lifting equipment.
| (1) | The employer must take reasonable measures to ensure that no person is injured due to the failure of any lifting equipment or lifting tackle as a result of— |
| (a) | incorrect design for the intended application; |
| (b) | incorrect installation; or |
| (c) | insufficient maintenance. |
| (2) | The employer must take reasonable measures to ensure that the installation, use (including the transport of persons), maintenance, inspection, testing and keeping of records of lifting equipment and lifting tackle are done in accordance, with a written operating procedure prepared and implemented for that purpose. |
| (3) | The employer must take reasonably practicable measures to ensure that— |
| (a) | only lifting equipment and lifting tackle with a minimum factor of safety of four (4) is used; |
| (b) | lifting equipment and lifting tackle are not used beyond their design capacity; and |
| (c) | the safe working load of any lifting equipment and lifting tackle is conspicuously and clearly marked or indicated thereon. |
| (4) | Notwithstanding regulation 8.5(2), the employer must take reasonably practicable measures to ensure that the following lifting tackle has a minimum factor of safety of— |
| (a) | ten ( 10 ) for natural fiber ropes; |
| (b) | six (6) for steel wire ropes, man-made fiber ropes and textile webbing; and |
| (c) | four (4) for high tensile steel chains. |
| (5) | The employer must take reasonable measures to ensure that only persons authorised in writing by the employer to do so, operate lifting equipment and lifting tackle. |
| (6) | The employer must take reasonably practicable measures to ensure that the lifting equipment used at the mine is designed and manufactured in accordance with an appropriate standard. |
[Regulation 8.5(6) amended by Notice No. R. 90 dated 1 February 2008]
(7) Repeal
The following regulations promulgated under the Minerals Act, 1991(Act No. 50 of 1991) in force in terms of item 4 of Schedule 4 of the Act are hereby repealed—
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Chapter 6 |
Chapter 16 |
Chapter 19 |
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6.1.1 |
16.98 |
19.1 |
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6.1.2 |
16.98.1 |
19.2.1 |
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6.1.3 |
16.98.2 |
19.2.2 |
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6.2.1 |
16.98.3 |
19.3.1 |
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6.2.2 |
16.98.4 |
19.3.2 |
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6.2.3 |
16.98.5 |
19.3.3 |
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6.2.4 |
16.99 |
19.3.4 |
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6.2.5 |
16.100 |
19.4 |
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6.3.1 |
16.101 |
19.5 |
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6.3.2. |
16.102 |
19.6 |
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6.3.2.1 |
16.103 |
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6.3.2.6 |
16.103.1 |
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6.3.2.7 |
16.103.2 |
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6.3.2.8 |
16.104 |
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6.3.2.12 |
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6.3.3.1 |
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6.3.3.2 |
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6.3.3.3 |
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6.3.3.4 |
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6.3.3.5 |
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6.3.3.6 |
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6.9 |
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6.11 |
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[Regulation 8.5(7) substituted by Notice No. R. 90 dated 1 February 2008]
[Regulation 8.5 inserted by Notice No. R. 1225 dated 15 December 2005]
8.6 Fans
Definitions
For purposes of regulation 8.6, unless the context otherwise indicates—
"booster fan" means a fan installed underground in the main air stream or in a split of the main air stream to assist the main fan to increase airflow and/or overcome resistance through a section of a mine.
"main fan" means a fan that controls the entire air flow of a mine, or the airflow of one or more of the major air circuits.
| (1) | The employer must take reasonable measures to ensure that combustible materials, explosives or natural vegetation are not located so near to fan installations and its switch-gear used for underground ventilation, that if such combustible materials, explosives or natural vegetation catch fire, there is a significant risk to the supply of clean air to any underground working place as a result of— |
| (a) | the fan installation or its switch-gear being damaged; or |
| (b) | smoke or fumes being drawn into any working place. |
| (2) | The employer must ensure, where a significant risk of an explosion of flammable gas or coal dust exists, that measures are in place to ensure that there is always a supply of clean air to all underground working places. Such measures must include: |
| (a) | installing the main fan on surface; |
| (b) | providing an effective means of protecting the main fan against damage caused by explosion; |
| (c) | ensuring the main fan is readily accessible to effect emergency repairs; and |
| (d) | having a back up system in place to provide clean air should the main fan become inoperative. |
| (3) | The employer must ensure, as far as reasonably practicable, that every main fan is provided with: |
| (a) | an automatic means of alerting a responsible person should it stop or cease to operate; |
| (b) | an effective means of giving early warning of defective operation; |
| (c) | a power supply from two different sources or networks, which can include an emergency supply alternator / generator, for power supply in the event of an interruption to the normal power supply; and |
| (d) | an effective means for safe entrance to and exit (escape) from the main fan housing. |
| (4) | The employer must take reasonable measures to ensure that a competent person examines every main and booster fan for effective operation, internally and externally, together with all appurtenant components that are necessary for the operation of the fan, at intervals not exceeding three months, or any other lesser interval determined by the mine's hazard identification and risk assessment in terms of section 11. |
| (5) | The employer must keep records of all examinations conducted in terms of regulation 8.6(4), including remedial measures taken, for a period of at least the most recent ten years of the fan installation. |
| (6) | The employer must take reasonable measures to ensure that all main and booster fans are installed, operated and maintained in accordance with a written procedure prepared and implemented for that purpose. |
[Regulation 8.6 inserted by Notice No. 911, GG 29214, dated 8 September 2006]
| 8.7 | Refrigeration and Air-conditioning Installations |
| (1) | The employer must take reasonable measures to ensure that all refrigeration or air-conditioning installations at the mine comply with the requirements of the South African Bureau of Standards Code of Practice - SANS 10147, "Refrigerating systems including plants associated with air-condition systems" (2002: 4th ed) with respect to its safety, construction, erection, operation, inspection and testing. |
| (2) | The employer must take reasonable measures to ensure that a competent person examines and operationally tests the entire refrigeration system as contemplated in SANS 10147, excluding pressure relief devices, at least once every 3 (three) months. |
| (3) | Regulation 8.7(1) and 8.7(2) do not apply to any— |
| (a) | household refrigerator; |
| (b) | water cooler or similar equipment that contains less than 1kg of refrigerant; |
| (c) | unit type display counter or any commercial refrigerator that contains less than 15 kg of a group 1 refrigerant; and |
| (d) | refrigeration plant that requires a prime mover of less than 10 kW or less. |
| (4) | Despite Regulation 8.7(3) the clauses in SANA 10147 that refer to the Montreal Protocol apply to all air-conditioning and refrigeration equipment. |
| (5) | The normative references in the above standard of SANS 10147 are not applicable to the employer. |
| (6) | Repeal |
The following regulations made under the Minerals Act, 1991 (Act No. 50 of 1991) in force in terms of Schedule 4 of the Act are hereby repealed—
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Chapter 10 |
Chapter 23 |
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10.13 |
23.15.1 |
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10.13.1 |
23.15.2 |
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10.13.2 |
23.15.3 |
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10.13.3 |
23.15.4 |
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10.13.4 |
23.15.5 |
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10.14 |
23.15.6 |
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10.14.1 |
23.15.7 |
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10.14.2 |
23.15.8 |
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10.14.3 |
23.15.9 |
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23.15.11 |
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23.15.12 |
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23.15.13 |
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23.15.14 |
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23.15.15 |
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23.15.16 |
[Regulation 8.7 inserted by Notice No. 911, GG 29214, dated 8 September 2006]
| 8.8 | General Machinery Regulations |
| (1) | The employer must take reasonably practicable measures to prevent persons from being injured as a result of them, the clothes being worn by them or any equipment being held by them coming into contact with or being drawn into any moving part of any machine. |
| (2) | The employer must take reasonably practicable measures to prevent persons from being injured because of any machinery failing as a result of— |
| (a) | incorrect design; |
| (b) | incorrect installation; |
| (c) | poor maintenance; or |
| (d) | incorrect use or non-compliance with proper operating or safety procedures. |
| (3) | The measures to be taken by the employer in terms of regulation 1 must include measures to ensure that— |
| (a) | only persons authorized by the employer to do so, start operate and maintain any machine where such starting, operation or maintenance may pose a significant risk to any person; |
| (b) | where the moving of machinery may pose a significant risk to any person, such machinery is only moved under the constant supervision of a competent person who is fully aware of the risks attached to such moving of the machinery; |
| (c) | only persons authorised by the employer to do so enter any area where machinery is operated, where such operation may pose a significant risk to any person; |
| (d) | machinery is only operated if all installed safety devices are operational and functional; |
| (e) | persons in close proximity to moving parts of machinery do not wear or are not permitted to wear clothing or anything else that can be caught in such moving parts; |
| (f) | where the unexpected moving of any machinery or any part of any machinery could pose a significant risk to any person, appropriate prestart warning devices, such as audible warning devices, the delay time must be determined by risk assessment with a minimum of a ten second time delay, are fitted to such machinery and used to warn persons that such machinery is about to be set in motion; |
| (g) | here there could be a significant risk to any person working on any machinery due to the release from such machine of any mechanical, electrical, hydraulic, chemical or other source of energy, a written lockout procedure is prepared and implemented to ensure that such source of energy is effectively locked out and de-energised before any person works on such machinery; |
| (h) | access scaffolding is erected, used, maintained and dismantled safely and in accordance with SANS Standard 10085-1:2004 "The design, erection, use and inspection of access scaffolding". |
| (i) | means are provided, on or in close proximity to any machine, to immediately remove the source of power to that machine in case of an emergency; |
| (j) | where the starting of machines are interlocked, no unintended starting of any of those machines can take place; |
| (k) | starting devices are so arranged that no accidental starting of machinery can take place; |
| (l) | and all electrical, pneumatic and hydraulic portable equipment are operated and maintained in a safe working order; |
| (4) | The measures to be taken by the employer to prevent any person from coming into contact with any moving part of machinery or any equipment attached thereto, must include— |
| (a) | effective physical barriers at the machinery such as screening, guarding or fencing; or |
| (b) | failsafe electric or electronic barriers interlocked with the machinery in such a way that the machinery would be stopped before persons come into contact with moving machinery or parts thereof; or |
| (c) | effective barriers at a safe distance away from any machinery. |
| (5) | The employer must take reasonably practicable measures to ensure that: |
| (a) | when a compression ignition engine system is found to have any defect which may cause a significant risk to the safety or health of persons, the use of such engine system is discontinued immediately; |
| (b) | all services, maintenance and repairs to diesel-powered equipment are performed by a competent person; |
| (c) | all areas where diesel fuel is stored and where fuelling is carried out are clearly marked and that measures are in place to prevent spillage, contamination and fire, including that— |
| (i) | diesel engine fuel is delivered underground in such a way that no spillage takes place during delivery; |
| (ii) | when fuel is piped underground fuel delivery pipes are drained each time after use; |
| (iii) | fuel is stored underground only in non-flammable robust containers which do not leak; and |
| (iv) | the quantity of fuel stored underground is limited to 3 (three) day's estimated consumption. |
| (6) | The employer must take reasonably practicable measures to ensure that every mobile diesel engine powered unit, when not in use, is kept at a location that is sufficiently ventilated to prevent a build up of diesel fumes in the air at that location sufficient to cause a significant risk when starting up that engine. |
| (7) | The employer must take reasonably practicable measures to ensure that all areas where diesel fuel is stored are clearly indicated on the mine's rescue plan contemplated in regulation 17(19). |
[Regulation 8.8 inserted by Notice No. R. 93 dated 1 February 2008]
| 8.9 | Conveyor Belt |
Definitions
For purposes of regulation 8.9, unless the context otherwise indicates—
"conveyor 'belt installation" means a mechanical system used for the transportation of minerals, material, or persons on a belt.
"designated sections" means the drive section, take up tension section, snub pulley sections, transfer point sections and tail pulley sections.
[Definition inserted by Regulation 1(a) of Notice No. R. 622 dated 23 August 2013]
"power supply" means any energy source feeding the drive motor of a conveyor belt installation
| (1) | In compliance with regulation 8.8(1) the employer must ensure that— |
| (a) | the designated sections of a conveyer belt installation are to be guarded, as per regulation 8.8(4) and not cleaned when any of its parts are in motion: provided that washing with pressurized water from a safe distance outside the guarded area may be carried out, subject to regulation 8.9(1)(i); |
[Regulation 8.9(1)(a) substituted by Regulation 1(b) of Notice No. R. 622 dated 23 August 2013]
| (b) | the power supply of a stored energy of a stationary conveyer belt installation are locked-out during either repairs, maintenance or cleaning of spillage in the designated sections: provided that the alignment and training of a conveyor belt installation may be carried out whilst the belt is in motion subject to it being carried out in accordance with a procedure prepared and implemented for this purpose; |
[Regulation 8.9(1)(b) substituted by Regulation 1(c) of Notice No. R. 622 dated 23 August 2013]
| (c) | the driving machinery of the conveyor belt installation can be stopped by any person from any point, along its length where access to the belt is possible; |
| (d) | the driving machinery of the conveyor belt installation is stopped should the belt break, jam or slip excessively; |
| (e) | persons are prevented from entering any side of a conveyer belt installation, unless means have been provided to do so safely; |
[Regulation 8.9(1)(e) substituted by Regulation 1(d) of Notice No. R. 622 dated 23 August 2013]
| (f) | one or more devices are fitted and used to give all persons at any point where access to the conveyer belt installation is possible sufficient prior warning for a period to be determined by the mines risk assessment with a minimum period of 10 seconds that any part of such a conveyer belt installation is about to be put into motion; |
| (g) | the take up or belt tensioning device will not move when repairs, routine cleaning, cleaning of spillage, maintenance at the belt tensioning device or belt splicing is carried out; |
[Regulation 8.9(1)(e) substituted by Regulation 1(e) of Notice No. R. 622 dated 23 August 2013]
| (h) | where two or more conveyor belt installations are used in series, sequence interlocking is provided which automatically will, except when approved maintenance specific procedures are carried out that require an independent conveyor test run— |
| (aa) | stop all conveyor belt installations feeding a belt conveyor that has stopped; and |
| (bb) | prevent a conveyor belt from starting until the conveyor belt onto which it feeds is moving; |
[Regulation 8.9(1)(h) substituted by Regulation 1(f) of Notice No. R. 622 dated 23 August 2013]
| (i) | only persons authorised to do so by the employer operate, maintain, clean and repair a conveyor belt installation; and provided that any routine cleaning outside the designated sections of the conveyor section of the belt is carried out in accordance with a procedure prepared and implemented for this purpose; |
[Regulation 8.9(1)(i) substituted by Regulation 1(g) of Notice No. R. 622 dated 23 August 2013]
| (j) | the belt of any conveyor belt installation is installed in such a way that no uncontrolled run away can occur; and |
[Regulation 8.9(1)(j) substituted by Regulation 1(h) of Notice No. R. 622 dated 23 August 2013]
| (k) | the overall structural design of every conveyor belt installation is approved by a competent person. |
| (2) | The employer must take reasonably practicable measures to prevent persons from being injured by material or mineral falling from a conveyor belt installation, which measures must include the fitting and use of one or more devices to prevent run-back or run-on; when such conveyor belt installation is stopped; |
[Regulation 8.9(3) substituted as 8.9(2) by Regulation 1(i) of Notice No. R622 dated 23 August 2013]
| (3) | The employer must take reasonably practicable measures to prevent persons from being exposed to flames, fumes or smoke arising from a conveyor belt installation catching fire, including instituting measures to prevent, detect and combat such fires. |
[Regulation 8.9(4) substituted as 8.9(3) by Regulation 1(j) of Notice No. R. 622 dated 23 August 2013]
| (4) | The employer must take reasonably practicable measures to prevent persons from being injured as a result of the breaking, misalignment or damage of a conveyor belting due to any mineral, material or coal dust accumulating on or around the moving parts of any conveyor belt installation. |
[Regulation 8.9(5) substituted as 8.9(5) by Regulation 1(k) of Notice No. R. 622 dated 23 August 2013]
| (5) | The employer must take reasonably practicable measures to prevent persons at or near conveyor belt installations from being injured due to lightning directly or indirectly striking the installation. |
[Regulation 8.9(6) substituted as 8.9(5) by Regulation 1(l) of Notice No. R. 622 dated 23 August 2013]
| (6) | The employer must take reasonably practicable measures to ensure that the use, operation and inspection of man-riding conveyors comply with SANS 10266: 2006 - Edition 1 "The safe use, operation and inspection of man-riding belt conveyors in mines". |
[Regulation 8.9(7) substituted as 8.9(6) by Regulation 1(m) of Notice No. R. 622 dated 23 August 2013]
| (7) | The normative references in SANS 10266: 2006 are not applicable to the employer. |
[Regulation 8.9(8) substituted as 8.9(7) by Regulation 1(n) of Notice No. R. 622 dated 23 August 2013]
| (8) | The employer must take reasonable measures to ensure that the functionality of the devices contemplated in regulation 8.9(1)(c) and (f) and of any other safety devices relating to the conveyor belt are tested— |
| (a) | once a week not exceeding ten days, where such devices are in the designated sections; |
| (b) | every three months where such devices are outside of the designated sections; and |
| (c) | immediately after any belt extension or shortening thereof has taken place. |
[Regulation 8.9(9) substituted as 8.9(8) by Regulation 1(o) of Notice No. R. 622 dated 23 August 2013]
| (9) | The employer must ensure that a written procedure is prepared and implemented for conveyor belt splicing, joining and repairing and for the safe use of chemicals during such splicing, joining and repairing. |
[Regulation 8.9(10) substituted as 8.9(9) by Regulation 1(p) of Notice No. R. 622 dated 23 August 2013]
8.10 Trackless Mobile Machinery
Definitions
For purposes of regulation 8.10, unless the context otherwise indicates—
"Braking System"
means a device or combination of devices capable of reducing the speed of a trackless mobile machine to a standstill;
"Combined Braking Systems"
means a braking system consisting of a service brake and at least one of the following: either a park brake or an emergency brake;
"Emergency Brake"
means an easily accessible device, which when applied, will bring the trackless mobile machine to a standstill under all operating and emergency conditions;
"Fail to Safe"
means so designed as to activate and effectively perform its intended function without harm to persons and without human intervention;
"Park Brake"
means a brake capable of holding fully loaded, parked trackless mobile machine stationary, at the maximum safe operating gradient, without the support of any other braking system;
"Remote Controlled"
means the control and operation of a trackless mobile machine by an operator, by means of a wireless remote control device or a remote control device by means of a cable system, where the operator has direct physical sight of the trackless mobile machine;
"Service Brake"
means the primary operating brake capable of retarding and stopping the fully loaded trackless mobile machine;
"Static Test"
means a test carried out to determine the compliance of the brake holding power of a trackless mobile machine measured against the design specification or an appropriate safety standard;
"Trackless Mobile Machine"
means any self propelled mobile machine that is used for the purpose of performing mining, transport or associated operations underground or on surface at a mine and is mobile by virtue of its movement on wheels, skids, tracks, mechanical shoes or any other device fitted to the machine, but excludes rail bound equipment, scraper winches, mono rail installations, static winches, draglines, winding machinery installations, track mounted conveyors and any equipment attached thereto;
"Trailer"
means any vehicle that is not self propelled and needs to be towed by a trackless mobile machine by design.
Regulations
Collisions between trackless mobile machines and pedestrians
| 1. | The employer must take reasonably practicable measures to ensure that pedestrian are prevented from being injured as a result of collisions between trackless mobile machines and pedestrian. At any mine where there is a significant risk of such collisions, such measures must include at least the following: |
| 1.1 | All electrically or battery powered trackless mobile machines, excluding shovels, bucket wheel excavators and overburden drills, must be provided with means to automatically detect the presence of any pedestrian within its vicinity. Upon detecting the presence of a pedestrian, the operator of the trackless mobile machine and the pedestrian must be warned of each other's presence by means of an effective warning. In the event where no action is taken to prevent potential collision, further means must be provided to retard the trackless mobile machine to a safe speed where after the brakes of the trackless mobile machine are automatically applied without human intervention. |
| 1.2 | All underground diesel powered trackless mobile machines must be provided with means: |
| (a) | to automatically detect the presence of any pedestrian within its vicinity. Upon detecting the presence of a pedestrian, the operator of the diesel powered trackless mobile machine and the pedestrian shall be warned of each other's presence by means of an effective warning; and |
| (b) | in the event where no action is taken to prevent potential collision, further means shall be provided to retard the diesel powered trackless mobile machine to a safe speed where after the brakes of the diesel powered trackless mobile machine are automatically applied. The prevent potential collision system on the diesel powered trackless mobile machine must fail to safe without human intervention. |
[Commencement of Regulation 8.10.1.2(b) by Notice No. 2908 of GG47790, dated 21 December 2022]
Collisions between diesel powered trackless mobile machines
| 2. | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of collisions between diesel powered trackless mobile machines. At any opencast or open pit mine where there is a significant risk of such collisions, such measures must include: |
| 2.1 | Every diesel powered trackless mobile machine must be provided with means to automatically detect the presence of any other diesel powered trackless mobile machine within its vicinity; and |
| (a) | upon detecting the presence of another diesel powered trackless mobile machine, the operators of both diesel powered trackless mobile machines shall be warned of each other's presence by means of an effective warning; and |
| (b) | in the event where no action is taken to prevent potential collision, further means shall be provided to retard the diesel powered trackless mobile machine to a safe speed where after the brakes of the diesel powered trackless mobile machine are automatically applied. The prevent potential collision system on the diesel powered trackless mobile machine must "fail to safe" without human intervention. |
[Commencement of Regulation 8.10.2.1(b) by Notice No. 2908 of GG47790, dated 21 December 2022]
Collisions between trackless mobile machines and rail bound equipment
| 2.2 | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of collisions between trackless mobile machines and rail bound equipment. At underground operations where there i.e., a significant risk of such collisions, such measures must include warning the operators of the trackless mobile machine and the locomotive of each other's presence by means of an effective warning. |
Trackless mobile machines running uncontrolled
| 3. | The employer must take reasonably practicable measures to prevent trackless mobile machines running uncontrolled. |
Overturning of any trackless mobile machine
| 4. | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of overturning of any trackless mobile machine. Roll over-protection structures must be fitted on trackless mobile machines if required in terms of the mine's risk assessment. |
Objects falling onto operators and/or passengers of trackless mobile machines
| 5. | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of objects falling onto operators and/or passengers of trackless mobile machines. Trackless mobile machines must be fitted with falling object protection structures to protect operators and passengers from falling objects if required in terms of the mine's risk assessment. |
Persons inadvertently falling out of or being ejected from trackless mobile machines
| 6. | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of operators and/or passengers inadvertently falling out of or being ejected from any trackless mobile machine in motion. |
Braking systems
| 7. | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of brake failure. Such measures must include ensuring: |
| 7.1 | that trackless mobile machines are operated with adequate and effective braking systems; |
| 7.2 | all braking systems are adequately and routinely tested for intended functionality; |
| 7.3 | all braking systems are regularly maintained; and |
| 7.4 | that where a combined braking system is used, the design of the braking system is such that it complies with the requirements for the separate systems and that it fails to safe. |
Restricted operator visibility
| 8. | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of restricted operator visibility. |
Fatigue while operating a trackless mobile machine
| 9. | The employer must take reasonably practicable measures to ensure that persons are prevented from being injured as a result of fatigue of operators. Such measures must include a fatigue management procedure for operators. |
Battery charging facilities
| 10. | The employer must take reasonably practicable measures to ensure that battery charging facilities are ergonomically designed, constructed and equipped with the following: |
| (i) | Adequate through ventilation; |
| (ii) | Adequate fire suppression equipment; |
| (iii) | Effective provisions to treat persons in the event of acid spillage; and |
| (iv) | Appropriate and adequate lighting. |
Diesel refuelling facilities
| 11. | The employer must take reasonably practicable measures to ensure that diesel refueling facilities are ergonomically designed, constructed and equipped with the following: |
| (i) | Adequate through ventilation; |
| (ii) | Adequate fire suppression equipment; |
| (iii) | Effective provisions to cater for oil and diesel spillages; and |
| (iv) | Appropriate and adequate lighting. |
| (v) | Surface diesel refuelling facilities are in accordance with: |
| a. | SANS 10089-1 (2008): The petroleum industry Part 1: Storage and distribution of petroleum products in above-ground bulk installations. |
| b. | SANS 10089-2 (2007): The petroleum industry Part 2: Electrical and other installations in the distribution and marketing sector. |
| c. | SANS 10089-3 (2010): The petroleum industry Part 3: The installation, modification, and decommissioning of underground storage tanks, pumps/dispensers and pipe work at service stations and consumer installations. |
Wheels, tyres and rims
| 12. | The employer must take reasonably practicable measures to ensure that procedures are prepared and implemented to prevent persons from being injured as a result of the use, storage and handling of wheels, tyres and rims. |
Access of persons to and from the trackless mobile machines
| 13. | The employer must take reasonably practicable measures to ensure that trackless mobile machines are designed, constructed and maintained such that persons getting on and off, or working on them can do so safely. |
Visibility of trackless mobile machines, skid mounted machinery and trailers to persons
| 14. | The employer must take reasonably practicable measures to ensure that trackless mobile machines, skid mounted machinery and trailers are visible to persons in their vicinity. |
Unauthorised access to or operation of trackless mobile machines
| 15. | The employer must take reasonably practicable measures to ensure that unauthorised persons do not ride on or operate trackless mobile machines. |
Isolation and lock-out of trackless mobile machines
| 16. | The employer must take reasonably practicable measures to ensure that procedures are prepared and implemented for the safe isolation and lockout of trackless mobile machines. |
Operating procedures
| 17. | The employer must take reasonably practicable measures to ensure that procedures are prepared and implemented for the safe operation of trackless mobile machines. |
Maintenance standards and procedures
| 18. | The employer must take reasonably practicable measures to ensure that procedures and standards are prepared and implemented for maintaining trackless mobile machines in a safe operating condition. |
Remote and remotely controlled trackless mobile machines
| 19. | The employer must take reasonably practicable measures to ensure that remote control devices for trackless mobile machines using a wireless remote control device comply with: |
| (a) | SANS 61000-4-2 (IEC 61000-4-2) Electrostatic immunity discharge test; |
| (b) | SANS 61000-4-3 (IEC 61000-4-3) Radiated, radio frequency, electromagnetic field immunity test; |
| (c) | SANS 61000-4-4 (IEC 61000-4-4) Electrical fast transient/burst immunity test; |
| (d) | SANS 61000-4-5 (IEC 61000-4-5) Surge immunity test. |
| (e) | SANS 61000-4-6 (IEC 61000-4-6) Immunity to conducted disturbances, induced by radio-frequency fields; |
| (f) | SANS 61000-4-8 (IEC 61000-4-8) Power frequency magnetic field immunity test; and. |
| (g) | SANS 61000-4-11 (IEC 61000-4-11) Voltage dips, short interruptions and voltage variations immunity test. |
Trailers
| 20. | The employer must take reasonably practicable measures to ensure that: |
| (a) | the design and construction of any trailer is in accordance with specifications approved by a competent person, which specifications must take into account the intended use of the trailer; |
| (b) | the design and construction of trailer coupling and uncoupling mechanisms is such that coupling and uncoupling can be done safely and that no inadvertent uncoupling of the trailer can take place; and |
| (c) | procedures are prepared and implemented for the safe operation of trailers. |
Towing and recovery of trackless mobile machines
| 21. | The employer must take reasonably practicable measures to ensure that procedures are prepared and implemented for the safe recovery and towing of trackless mobile machines. |
Roadway conditions
| 22. | The employer must take reasonably practicable measures to ensure that the design, construction and maintenance of roadways are appropriate for the type and category of trackless mobile machine |
Selection, training, appointment and licensing of trackless mobile machine operators
| 23. | The employer must take reasonably practicable measures to ensure that procedures are prepared and implemented for the selection, training, appointment and licensing of trackless mobile machine operators, which procedures must include: |
| 23.1 | physical and psychological pre-selection criteria; |
| 23.2 | a training programme for trackless mobile machine operators, covering: |
| (i) | theoretical training in a training Centre; |
| (ii) | practical training; and |
| (iii) | on the job training. |
| 23.3 | assessment of the trainee, on successful completion of the training programme, by a competent person; |
| 23.4 | that only operators, assessed to be competent are authorised in writing by the responsible engineer to operate trackless mobile machines; |
| 23.5 | that operators of trackless mobile machines are authorized in writing by their supervisor to operate trackless mobile machines. Such authorization must detail their duties, responsibilities, limitations and areas of operation. |
| 23.6 | when an operator has not operated a trackless mobile machine for a period of two years, such operator is re-assessed to be competent by a competent person prior to being issued with a new license. |
| 23.7 | that every operator of trackless mobile machines is issued with a license containing at least the following: |
| (i) | a photograph to positively identify the operator; |
| (ii) | the trackless mobile machine types which the operator may operate; |
| (iii) | date of issue and expiry date; and |
| (iv) | the operator's company identification number. |
Pre-use inspection procedures
| 24. | The employer must take reasonably practicable measures to ensure that procedures are prepared and implemented for inspecting trackless mobile machines immediately prior to use, which procedures must include: |
| 24.1 | that the operator of the trackless mobile machines physically inspects and ensures that the brakes, lights and any other defined safety features and devices are functioning as intended prior to setting such trackless mobile machines in motion; |
| 24.2 | pre-use check lists that have to be completed by all operators of trackless mobile machines at the beginning of their shift. Such check lists must clearly identify all the components, features and functionalities to be inspected by the operator. For each component, feature or functionality, the check list must clearly indicate the pre-established criteria under which the trackless mobile machines may or may not be put in motion. |
Reversing over the edge of a stockpile
| 25. | The employer must take reasonably practicable measures to prevent any trackless mobile machine reversing over the edge of a stockpile or dump. |
Inadvertent movement of the trackless mobile machine
| 26. | The employer must take reasonably practicable measures to prevent inadvertent movement of any trackless mobile machine whilst parked. |
Mandatory carrying of license
| 27. | All operators of trackless mobile machines must have their originally issued license on their person whilst operating any trackless mobile machine. |
Certain regulations not applicable
| 28. | Regulations 8.10.23 and 8.10.27 do not apply to trackless mobile machines licensed under the National Road Transportation Act 2000 and not used for primary mining activities. |
[Regulation 8.10 inserted by Notice No. R. 125 dated 27 February 2015]
[Regulation 8.10 has commenced on 27 May 2015, except subregulations 8.10.1.2(b) and 8.10.2.1(b)]
8.11 Lifts
Definitions
For purposes of regulation 8.11, unless the context otherwise indicates—
Lift
means any installation used or intended to be used for the conveyance of persons, material, explosives or minerals by means of a car fitted with safety catches running on fixed solid guides and serving defined levels, where the control system of the driving machine is not normally operated manually from the motor or engine room;
material
means whatever may be conveyed by means of a winding plant, lift or self-propelled mobile machine, excluding persons, minerals and explosives;
explosive
means—
| (a) | a substance, or mixture of substances, in a solid or liquid state, which is capable of producing an explosion; |
| (b) | a pyrotechnic substance in a solid or liquid state, or a mixture of such substances, designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as the result of non detonative self- sustaining exothermic chemical reaction, including pyrotechnic substances which do not evolve gases; |
| (c) | any article or device containing one or more substances contemplated in paragraph (a); or |
| (d) | any other substance or article which the relevant Minister may from time to time by notice in the Gazette declare to be an explosive in terms of the Explosive Act, Act No. 15 of 2003; |
recoverable recordable system
means any recordable system that will retain the data captured therein indefinitely and which—
| (a) | captures the time and date of every entry, name and signature of every person making an entry; |
| (b) | allows for the retrieving of all data captured; |
| (c) | incorporates measures to prevent unauthorised changes to any captured data; |
| (d) | is auditable; and |
| (e) | in the case of an electronic system, is backed up at least weekly. |
Supervision by a competent person
| 8.11.1 | The employer must take reasonable measures to ensure that lifts are installed, modified, operated and maintained under the supervision of a competent person. |
Lift particulars to be sent to the Principal Inspector
| 8.11 2 | The employer must take reasonable measures to ensure that the Principal Inspector of Mines is notified: |
| (a) | on form DMR 298 lift particulars prescribed in Chapter 21, of the required particulars of the lift prior to the commencement of: |
| (i) | its installation; |
| (ii) | major modifications to the lift as defined in the relevant standard referred to in regulation 8.11.5; or |
| (iii) | its decommissioning, either after having been extended, relocated or not being used for a continuous period of six (6) months. |
| (b) | In writing within 30 days if any lift has been decommissioned or has not been used for more than six (6) consecutive months. |
Lift particulars to be available
| 8.11.3 | The employer must take reasonable measures to ensure that a copy of any notification contemplated in regulation 8.11.2 is kept readily available at the mine. |
Permit issued prior to the enactment of these regulations to be kept
| 8.11.4 | Any employer, using a lift for which a permit was issued by the Principal Inspector of Mines prior to enactment of these regulations, must take reasonable measures to ensure that such permit is kept readily available at the mine. |
Construction, installation and commissioning of lifts
| 8.11.5 | The employer must take reasonable measures to ensure that every lift is constructed, installed and commissioned in accordance with the following South African Bureau of Standards Specifications, where applicable: |
| (a) | SANS 1545 - 1:2014 Safety rules for the construction and installation of lifts. |
Part 1 - Electric Lifts;
| (b) | SANS 1545 - 2:2009 Safety rules for the construction and installation of lifts. |
Part 2 - Hydraulic lifts;
| (c) | SANS 1545 - 5:2007 Safety rules for the construction and installation of lifts. |
Part 5 - Access goods only lifts:
| (d) | SANS 1545 - 6:2014 Safety rules for the construction and installation of lifts. |
Part 6 - Rack and Pinion lifts;
| (e) | SANS 4344:2004 Steel wire ropes for lifts- Minimum requirements; |
| (f) | SANS 10360:2006 The maintenance and repair of electric and hydraulic powered lifts, escalators and passenger conveyors; |
| (g) | SANS 50081- 1:2004/EN 91- 1:2004 Safety rules for the construction and installation of lifts |
Part 1: Electric lifts;
| (h) | SANS 50081- 2:1998/EN 81- 2:2000 Safety rules for the construction and installation of lifts |
Part 2: Hydraulic lifts;
| (i) | SANS 50081- 3:2005/EN 81- 3:2000 Safety rules for the construction and installation of lifts |
Part 3: Electric and hydraulic service lifts; and
| (j) | SANS /ISO/TS 14798 2009 |
Lift (elevators), escalators and passenger conveyors- Risk analysis methodology.
| 8.11.6 | The normative references in the SANS standards listed in 8.11.5 are not applicable to the employer. |
Examination and testing of lifts
| 8.11.7 | The employer must take reasonable measures to ensure that a written is prepared by a procedure competent person and implemented for the examination, testing, repair and maintenance of every lift. Such procedure must take into account: |
| (a) | any original equipment manufacture's recommendations; |
| (b) | the relevant SANS standard; and |
| (c) | the site specific risks identified in terms of the mine's risk assessment. |
8.11.8 The procedure contemplated in regulation 8.11.7 must provide for at least the following:
| (a) | that a competent person examines and tests the entire lift installation at least once a month; |
| (b) | that a competent person examines at least once a calendar week the lift installation, well. guides, ropes and rope attachments, the driving machinery, the drums, sheaves, all safety devices and appliances to identify any deterioration of the components; |
| (c) | that records are kept readily available at the mine of the examinations carried out and of the competent persons who did the examinations; and |
| (d) | that a recoverable recordable system is established and maintained at the mine in which is captured details of all maintenance, repairs, testing, inspections and examinations of the lift installation and of the findings, which must be captured by the competent person who undertook the maintenance, repairs, inspections or examinations within 24 hours from completion of such maintenance, repairs, inspections or examinations. |
| 8.11.9 | The employer must take reasonable measures to ensure: |
| (a) | if as a result of examination, any weakness or defect is found which may pose a risk to the health or safety of any person, that the lift is not used until the defect has been rectified; and |
| (b) | when a landing door or other gate is required to be open while a lift is being examined, serviced, or repaired or while any other work is being done in the hatchway, that an effective barrier is provided and used to prevent inadvertent access to the hatchway. |
Operating procedure
| 8.11.10 | The employer must take reasonably practical measures to ensure that the simultaneous transportation of persons, equipment is carried out or material in a conveyance in accordance with an operating procedure prepared and implemented for that purpose. |
Emergency preparedness
| 8.11.11 | The employer must take reasonable measures to ensure that an emergency preparedness procedure is drawn up, after consultation with the lift manufacturer, for the rescue of persons trapped in a car in a lift well. |
Flooding of lift well
| 8.11.12 | he employer must take reasonable measures to ensure, where there is a risk of a lift well or shaft being flooded to a level that may pose a significant risk to persons travelling in the car, that measures are in place to prevent the car from entering any flooded area of the lift well or shaft. |
| 8.11.13 | The employer must take reasonable measures to ensure that any examination contemplated in regulation 8.11.8 is conducted in the presence of an Inspector if so requested in advance by the Principal Inspector of Mines. |
[Regulation 8.11 inserted by Notice Nos. R. 894 and R. 896 dated 25 August 2017]
| 8.12 | Chairlifts |
Definitions
For purposes of regulation 8.12, unless the context otherwise indicates—
chairlift
means any appliance or combination of appliances, haulages and excluding endless rope monoropes, used or intended to be used for the conveyance of any load, including persons, by means of:
(i) chairs or other means of conveyances suspended from an endless hauling rope; or
(ii) chairs or conveyances moved with a hauling rope or chain and running on a rope or in or on a rail circuit.
Supervision by a competent person
| 8.12.1 | The employer must take reasonable measures to ensure that the installation. modification, operation and maintenance of every chairlift is under the supervision of a competent person. |
Chairlift Particulars to be sent to the Principal Inspector
8.12.2 The employer must take reasonable measures to ensure that the Principal Inspector of Mines is notified:
| 8.12.2.1 | on Form DMR 299 Chairlift particulars prescribed in Chapter 21, of the required particulars of every chairlift prior to commencement of: |
| (a) | its installation; |
| (b) | major modifications (as defined in SANS 273:2007 Edition 1 "The design, construction, maintenance and safe operation of chairlifts in mines") to it; or |
| (c) | its recommissioning, either after having been extended, relocated or not being used for a continuous period of six (6) months. |
| 8.122.2 | in writing within 30 days if any chairlift has been decommissioned or has not been used for more than six (6) consecutive months. |
Chairlift Particulars available
| 8.12.3 | The employer must take reasonable measures to ensure that a copy of the notification as contemplated in regulation 8.12.2.1 is kept readily available at the mine and is also displayed where it can be seen by users of the chairlift. |
Permit issued prior to enactment of these regulations to be kept and displayed
| 8.12.4 | Any employer, using a chairlift for which a permit was issued by the Principal Inspector of Mines prior to enactment of these regulations, must take reasonable measures to ensure that such permit is kept readily available at the mine and that a copy of it is displayed where it can be seen by users of the chairlift. |
Construction, installation and testing of chairlifts
| 8.12.5 | The employer must take reasonable measures to ensure that every chairlift is constructed, installed, maintained and tested in accordance Edition 1 "The with SANS 273:2007 design, construction, maintenance and safe operation of chairlifts in mines". |
| 8.12.6 | Any employer intending to install a chairlift of a design not covered by the scope of SANS 273:2007 Edition 1 may only do so with permission of the Chief Inspector of Mines and subject to such conditions as may be specified. |
| 8 12.7 | The normative references in the SANS standards in 8.12.6 are not applicable to the employer. |
Examination and testing of chairlifts
| 8.12.8 | The employer must take reasonable measures to ensure that a written procedure is prepared by a competent person and implemented for the examination, testing and maintenance of every chairlift. Such procedure must take into account: |
(a) any original equipment manufacture's recommendations;
(b) SANS 273:2007 Edition 1 "Standard for the design, construction, maintenance and safe operation of chairlifts in mines "; and
(c) the site specific risks identified in terms of the mine's risk assessment.
8.12.9 The procedure contemplated in regulation 8.12.8 must provide for at least the following:
(a) that a competent person examines and tests the entire chairlift at least once installation a month;
(b) that the chairlift installation is functionally tested and examined at least once a week by a competent person(s);
| (c) | that if as a result of examination or test any weakness or defect is found which presents a significant risk to any person, the chairlift is not used until the defect has been rectified; and |
| (d) | that a lock -out procedure is in place to remove the tension on the hauling rope before any repair or replacement on the drive system is undertaken. |
Chairlift operation
| 8.12.10 | The employer must take reasonable measures to ensure that only a competent person(s) operates any chairlift and does so in accordance with a written procedure prepared and implemented for this purpose. Such procedure must cover at least the following: |
| (a) | loading and unloading of persons and other loads; |
| (b) | stopping and starting; |
| (c) | investigation and reporting of malfunctioning and corrective measures to be taken; |
| (d) | initial examination before commissioning; and |
| (e) | emergency procedures for persons to disembark in case of a trip out. |
Chairlift installation where other traffic exists
| 8.12.11 | The employer must take reasonable measures to ensure that, where a chairlift operates in the same excavation or close proximity to other traffic or moving equipment, a procedure is prepared and implemented to prevent persons from being injured by such traffic or moving equipment. |
[Regulation 8.12 inserted by Notice Nos. R. 894 and R. 896 dated 25 August 2017]
[Chapter 8 inserted by Government Notice R 1579 dated 13 December 2002]
