Brief update on current mining legislation

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Brief update on current mining legislation -
Mine Health and Safety Act (Act 29/2004) - IMSSA
AGM, 12 September 2006 Alex Bals President
(IMSSA)
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MRAC Survey Technical Task Group
F. Ras (DME) D. Rae (DME) F. Barradis (DME) M.
Smith (DME) L. Khiba (Labour) Z. Letshuti (South
Deep) M. Livingstone-Blevins (Anglo) A. Bals (De
Beers) U. Pfafferott (Kumba) H. Schnetler
(Goldfields)
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Technical Task Group
The primary purpose for the appointment of a
mine surveyor is to keep the employer at all
times aware of the position of current workings
in relation to the positions of any hazards,
workings, or restricted areas. The regulations
are to be read as supporting guidelines and
standards which together ensure that this purpose
is achieved.
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Chapter 17 Surveying and Mapping
Key statement Responsibility for Surveying,
Mapping and Mine Plans 17(2) The employer must
engage the part-time or full-time services of a
competent person to be in charge of surveying,
mapping and mine plans at the mine, and if the
services of more than one competent person are
engaged, ensure that their functions do not
overlap. NB MRAC TTG d.d. 24 August 2006
part-time or full-time is deleted
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To date
Mining Regulations Advisory Council (MRAC)
constitutes Survey TTG 1997 MRAC Survey Technical
Task Group (TTG) re-drafts surveying
regulations Chapter 17 replaces parts of Chapter
1, 2, 7, and 12 Chapter 14 (surface protection)
created MRAC Survey TTG disbanded after Legal
Drafting Committee signs off MHSA Chapters 14 and
17 are promulgated November 2004 The need for
ongoing review recognised MRAC Survey TTG
reconvened Scope Edit Chapter 17 and redraft
Chapters 1 and 2 Aug. 2006 at Draft 6-7 with
objective to engage legal drafting committee
Awaiting Sea Mine Surveying workshop to be held
(Alex Bals) Awaiting finalisation of Surveying
Professions Bill competent person
1997
2007
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Definition of competent person i.t.o. 17(1) of
MHSA
(a) in the case of an underground mine or an
opencast mine where blasting takes place, a
person in possession of a Mine Surveyor's
Certificate of Competency issued by the
Department of Minerals and Energy or withdrawn
by S1/2006 (b) in the case of an opencast
mine where blasting does not take place, a person
in possession of a Mine Surveyor's Certificate of
Competency issued by the Department of Minerals
and Energy or a person who has passed the
examination for legal knowledge as is required
for the Department's Mine Surveyor's Certificate
of Competency and who is in possession of either
- (i) an advanced Certificate in Mine
Surveying issued by the Chamber of Mines of
South Africa and who has at least three (3)
years practical experience in mine surveying
or (ii) a National Diploma in Mine Surveying
issued by a tertiary institution accredited
by the Department of Education or withdrawn by
S1/2006
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Definition of competent person i.t.o. MHSA ctd.
(c) in the case of mining at sea, a person in
possession of a Mine Surveyor's Certificate of
Competency related to sea mining issued by the
Department of Minerals and Energy or a person
who has passed the examination for legal
knowledge as required for the Department's Mine
Surveyor's Certificate of Competency and who is
in the possession of either - (i) a National
Diploma in Hydrographic Surveying issued by a
tertiary institution accredited by the
Department of Education or (ii) an equivalent
qualification in hydrographic surveying
recognized by the Council for Professional and
Technical Surveyors of South Africa (PLATO) or
withdrawn by S1/2006
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Chapter 17 Interim correction Instruction
S1/2006
Confusion about NQF 5 and 6 Technikons register
at higher levels
Ms. M. A. Hermanus, 9 September 2005
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Chapter 17 Interim correction Instruction
S2/2006
Joint responsibilities for ventilation and rescue
plans 17(2) and 12(1) appointees
Ms. M.A. Hermanus, 15 February 2006
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Chapter 17 Interim correction Instruction
S3/2006
Regulations 2.12.1 and 2.12.2 not repealed in
conflict with 17(2)
Ms. M.A. Hermanus, 15 February 2006
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Chapter 17 Interim correction Instruction
S4/2006
Accidental omission of part of Regulation
17(23)(b)(ii) due scanning error
NB Parts missing on purpose for illustration
only.
Mr. G. N. Mojapelo, 11 May 2006
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Chapter 17 Interim correction Instruction
S5/2006
In charge of more than one mine appointments now
to be made under 17(2)
Mr. M. M. A. Zondi, 23 May 2006
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Chapter 17 An example of a future correction
17(5) The employer has specific duties, but the
competent person (surveyor) not. A future edit
will refer strongly to the repealed Regulation
7.10.
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Chapter 1 Appointments and Administration - new
Note notification of appointment to the Director
Mine Surveying in Pretoria
What proximity to the place of work? Avoiding
roaming appointments.
NB Numbering to be finalised after legal
drafting committee has released the draft
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Chapter 1ctd Appointments and Administration -
new
No multiple appointments except with permission
of the Director Mine Surveying
Further appointments by Director Mine Surveying
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Chapter 1 ctd Appointments and Administration -
new
References to other Acts removed
Further appointments by Director Mine Surveying
GAUTRAIN example
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Chapter 1 ctd Appointments and Administration -
new
Acting appointments remain 60 days for six
consecutive months
Note strictly speaking no notification required,
although a letter of appointment IS.
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Chapter 2 Duties and responsibilities - new
Application for exemption due unduly onerous to
Director Mine Surveying
All earlier references to other Acts to be
addressed in letters of appointment.
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Conclusions

• Continuous review process through DME inspections
  and on-mine workshops
• Tripartite relationship very well aligned
• Material concerns rapidly addressed via CIoM
  Instructions (binding)
• Residual concerns addressed through ongoing
  consultation
• Streamlining of process direct line to
  Director Mine Surveying
• Less prescriptive, more subjective requires
  better judgment
• If you have any issues or suggestions please
  send an e-mail, with details, to the
  administrative secretary of IMSSA, Mrs. Veruska
  Bates, at imssa_at_bullion.org.za.