MINES ACT (NORTHERN IRELAND) 1969 - SECT 146 Provisions as to references upon notices served by the Ministry.

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MINES ACT (NORTHERN IRELAND) 1969 - SECT 146

Provisions as to references upon notices served by the Ministry.

146.(1) The following provisions of this section shall apply in relation to
any notice served under any provision of this Act or regulations by
the Ministry on the owner or manager of a mine, being a notice which is
expressly declared to be one to which the provisions of this Part with respect
to references upon notices served by the Ministry are to apply.

(2) If the person on whom any such notice is served or, in a case where it is
served on two or more persons, any of them, by a counter-notice duly served on
the Ministry demands a reference upon the notice, it shall stand referred to
such person or persons as may, at the request of the Ministry, be nominated by
the Lord Chief Justice after consultation, if the Lord Chief Justice thinks
fit, with the President of the Institution of Mining Engineers.

(3) Where a referee nominated under subsection (2) is of the opinion that he
requires the assistance of one or more than one person possessing special
knowledge or qualifications, he may, after consultation with the Lord Chief
Justice and also, in a case where the assistance required is that of a person
having special knowledge of or qualifications with respect to matters relating
to mines, after consultation with the President of the Institution of Mining
Engineers, appoint such a person or persons to sit with him on the hearing of
the reference and act as an assessor or assessors.

(4) On a reference under this section upon any such notice, any of the
following persons may appear in person or be represented, and may give
evidence and call such witnesses as that person thinks fit, that is to say:

(a)any person on whom the notice was served;

(b)the Ministry;

(c)an inspector;

(d)any association or body representative of a majority of the total number of
persons employed at the mine to which the notice relates;

(e)any other persons appearing to the referee or referees to be affected by
the notice or any association or body representative of any such persons.

(5) The following provisions shall have effect with respect to the quashing or
confirmation of any such notice upon a reference thereon under this section,
namely,

(a)if no relevant ground of objection to the notice is established to the
satisfaction of the referee or referees, he or they shall confirm the notice;

(b)if a relevant ground of objection is so established, the referee or
referees shall quash the notice unless he or they is or are of opinion that
the objection can be met by modification of the notice, in which case the
referee or referees shall confirm the notice subject to such modification as
appears to him or them to meet the objection;

(6) For the purposes of subsection (5)

(a)in the case of any such notice served under a provision of this Act (other
than section 145(3)), any of the following grounds which are appropriate to
the circumstances of the case shall be a relevant ground of objection, namely,

(i)that compliance with a prohibition, restriction or requirement sought to be
imposed by or by virtue of the notice is, wholly or to a particular extent,
unnecessary, inadvisable for reasons of safety or impracticable;

(ii)that any period limited by the notice is insufficient for the purpose of
enabling any works to be executed or other thing done;

(b)in the case of a notice served under section 145(3), the relevant ground of
objection shall be that the division of the mine to which the notice relates
neither prejudices nor is likely to prejudice the safety or health of any of
the persons employed at the mine;

(c)in the case of a notice served under any provision of regulations, the
relevant ground or grounds of objection shall be such as may be prescribed.

(7) Save as otherwise expressly provided by this Act or regulations, any such
notice shall not become operative in any event until the expiration of the
period within which a reference thereon may be demanded under this section or,
if within that period such a reference is so demanded, until the notice is
confirmed by the referee or referees.

(8) The quashing under this section of any such notice shall neither be taken
to prevent the service by the Ministry of a fresh notice nor, if the notice
became operative before it was quashed, affect the previous operation thereof.

(9) The Ministry may make rules for regulating references under this section
and, in particular, for making provision with respect to the costs of such
references (including the payment of remuneration and allowances to referees
or assessors) and for specifying the form of a counter-notice under subsection
(2) and the period within which such a notice must be served.

S.147 rep. by SLR 1976

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Northern Irish Legislation

MINES ACT (NORTHERN IRELAND) 1969 - SECT 146