Mineral Development Act 1994 · Updated to 1 Jan 2013 · Part III · Regulation of Exploration and Mining
14. Manager of mine
Official textFrom Laws of Malaysia Online, unchanged
The holder of a proprietary mining licence or mining lease shall, where—
proprietary mining licence
“proprietary mining licence” means a proprietary mining licence for the time being in force issued under any written law relating to mining;
there are ten or more persons employed at the mine; or
the Assistant Director has notified the holder of such licence or lease that a manager is required, appoint a manager of the mine.
The appointment of a manager under subsection (1) shall be with the approval of the Assistant Director.
If the manager appointed under subsection (1) ceases to be the manager of the mine, the holder of a proprietary mining licence or mining lease shall within three days from the date of cessation appoint another manager with the approval of the Assistant Director.
mine
“mine”, when used as a noun, means any place, excavation or working wherein, whereon or whereby any operation connected with mining is carried on together with all buildings, premises, erections, water reservoirs, tailing ponds, waste, other dumps and appliances belonging or appertaining thereto above or below the ground or in or below the sea for the purpose of winning, obtaining or extracting any mineral by any mode or method or for the purpose of dressing, treating or preparing mineral ores;
The holder of a proprietary mining licence or mining lease may appoint such number of assistant managers as may be necessary to
mining lease
“mining lease” means a mining lease for the time being in force granted under any written law regulating mining;
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assist the manager, any such appointment shall be with the approval of the Assistant Director.
Assistant Director
“Assistant Director” means an Assistant Director of Mines appointed under section 4;
Where the holder of a proprietary mining licence or mining lease is a natural person, he may, subject to the approval of the
Assistant Director and the provisions of this Act, appoint himself as manager of the mine.
No person who has been appointed manager of any mine shall, while he holds that appointment, act as the manager of any other mine without the written approval of the Assistant Director.
A manager appointed under subsection (1) shall—
be responsible for the control and daily supervision of the mine of which he has been appointed manager; and
reside in close proximity to such mine unless exempted in writing by the Assistant Director.
Where a manager is required under this Act, no work shall be carried out at the mine unless—
the requirements of this section have been complied with;
and
the manager is supervising the working of the mine.
Where in any mine the workings extend over or are separated by such a distance that control and daily supervision by one manager is, in the opinion of the Assistant Director, inadequate, he may require that a manager be appointed to control and supervise such of those workings as he may specify, and thereupon a manager shall be appointed in accordance with this Act for the workings so specified.
If a manager appointed under this section is incapacitated from performing his duties or is about to be absent from the mine for more than two days he, or the holder of a proprietary mining licence or mining lease shall, if no assistant manager has been appointed, appoint with the approval of the Assistant Director, any other person to act as manager during such incapacity or absence.
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mineral
“mineral” means any substance whether in solid, liquid or gaseous form occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or sea-bed, formed by or subject to a geological process, but excludes water, “rock material” as defined in the National Land Code and “petroleum” as defined in the Petroleum Mining Act 1966;
The holder of a proprietary mining licence or mining lease and every manager, assistant manager and person appointed under subsection (10) shall ensure the safety of all operations at the mine and the observance of the provisions of this Act.
Terms defined in s 3
Assistant Director
Defined · s 3“Assistant Director” means an Assistant Director of Mines appointed under section 4;
mine
Defined · s 3“mine”, when used as a noun, means any place, excavation or working wherein, whereon or whereby any operation connected with mining is carried on together with all buildings, premises, erections, water reservoirs, tailing ponds, waste, other dumps and appliances belonging or appertaining thereto above or below the ground or in or below the sea for the purpose of winning, obtaining or extracting any mineral by any mode or method or for the purpose of dressing, treating or preparing mineral ores;
mineral
Defined · s 3“mineral” means any substance whether in solid, liquid or gaseous form occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or sea-bed, formed by or subject to a geological process, but excludes water, “rock material” as defined in the National Land Code and “petroleum” as defined in the Petroleum Mining Act 1966;
mining lease
Defined · s 3“mining lease” means a mining lease for the time being in force granted under any written law regulating mining;
proprietary mining licence
Defined · s 3“proprietary mining licence” means a proprietary mining licence for the time being in force issued under any written law relating to mining;
Part IV
Accident and Inquiry
Part V
Enforcement, Investigation, Evidence, Offences and Penalties
Chapter 1
Enforcement and Investigation
Chapter 2
Evidence
Chapter 3
Offences and Penalties
Chapter 4
General
Part VI
Miscellaneous
Part VII