Malaysia legislation

Section 14

of *MINERAL DEVELOPMENT ACT 1994

Section 14

Manager of mine

(a)

there are ten or more persons employed at the mine; or

(b)

the Assistant Director has notified the holder of such licence or lease that a manager is required, appoint a manager of the mine.

(2)

The appointment of a manager under subsection (1) shall be with the approval of the Assistant Director.

(3)

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.

(4)

The holder of a proprietary mining licence or mining lease may appoint such number of assistant managers as may be necessary to

18 Laws of Malaysia ACT 525

assist the manager, any such appointment shall be with the approval of the Assistant Director.

(5)

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.

(6)

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.

(7)

A manager appointed under subsection (1) shall—

(a)

be responsible for the control and daily supervision of the mine of which he has been appointed manager; and

(b)

reside in close proximity to such mine unless exempted in writing by the Assistant Director.

(8)

Where a manager is required under this Act, no work shall be carried out at the mine unless—

(a)

the requirements of this section have been complied with;

and

(b)

the manager is supervising the working of the mine.

(9)

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.

(10)

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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(11)

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.

Directions by manager of mine