| (1) |
The Minister may make regulations relating to— |
| (a) |
the standards to be applied in the certification in terms of this Act of persons suffering from compensatable diseases; |
| (b) |
the employment of medical practitioners by owners of controlled mines or controlled works; |
| (c) |
the particulars to be recorded by the owner of a controlled mine or a controlled works or by any contractor in connection with persons employed by him or her at or in connection with the mine or works in question; |
| (d) |
the information, particulars, documents or reports to be submitted or made available by the owner of a controlled mine or a controlled works with reference to any person in his service in connection with his mine or works, or in the service of any other person in connection with the mine or works of such owner, or with reference to any medical examination of such first-mentioned person; |
| (e) |
the medical examination of persons who were employed at or in connection with controlled mines or controlled works but who are no longer in the service of an owner of such a mine or works, and the payment of the cost in connection with such examinations; |
| (f) |
the accommodation and maintenance of any person by the owner of a controlled mine or a controlled works pending a finding by the certification committee or pending the award of compensation to the person concerned, and the payment of the cost of such accommodation and maintenance; |
| (g) |
the notice which the director or the owner of a controlled mine or a controlled works shall give of the result of any medical examination of a person under this Act, and the person to whom such notice shall be given; |
| (h) |
the repatriation or return of persons recruited by the owner of a controlled mine or a controlled works, or by a contractor or by any organization acting for or on behalf of such owner or contractor, for employment at or in connection with a controlled mine or a controlled works, and the payment of the cost of such repatriation or return; |
| (i) |
the medical examination of persons who are recruited outside the Republic for employment at or in connection with a controlled mine or a controlled works, and the payment of the cost of any such examination; |
| (j) |
the exercise of control over the payment of benefits; |
| (l) |
in general, any matter which the Minister may deem necessary or expedient to prescribe for achieving the objects of this Act, the generality of this paragraph not being limited by the preceding paragraphs of this subsection. |
| (2) |
Any regulation prescribing or providing for the payment of any cost or expense from the State Revenue Fund shall be made with the concurrence of the Minister of State Expenditure. |
| (3) |
Different regulations may be made in respect of different areas, or in respect of different mines or works or classes, groups or categories of mines or works, or in respect of different classes, groups or categories of persons, or in respect of different occupations or work or places at mines or works. |
| (4) |
Regulations made under subsection (1) (a) may, by reference thereto, prescribe any manner or method set out in a publication which in the opinion of the Minister is generally recognized as authoritative. |
| (5) |
The Minister shall, not less than two months before making any regulation under this section, cause the text of the proposed regulation to be published in the Gazette together with a notice declaring his intention to make such regulation and inviting interested persons to furnish him or her with any comments or representations they may wish to make in regard to the proposed regulation. |
| (6) |
The provisions of subsection (5) shall not apply in respect of a proposed regulation which, after the provisions of that subsection have been complied with, has been amended by the Minister in consequence of comments or representations received by him or her in pursuance of a notice published in terms of that subsection. |
| (7) |
The regulations may prescribe penalties not exceeding a fine of R3 000 for a contravention of or failure to comply with any provision thereof. |
[Section 121 substituted by section 39 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
Older Persons Act, 2006
