Mineral Development Act 1994 · Updated to 1 Jan 2013 · Part IV · Accident and Inquiry
21. Proceedings upon accident and dangerous occurrence
Official textFrom Laws of Malaysia Online, unchanged
Where—
any accident resulting in loss of life or serious bodily injury to any person; or
any accident resulting in damage to any property, has taken place in connection with any work incidental to or connected with a mineral tenement, the manager, any other person in charge of the mine or the holder of the mineral tenement shall forthwith report in writing to the Assistant Director the facts of the matter as far as they are known.
The Assistant Director shall—
Assistant Director
“Assistant Director” means an Assistant Director of Mines appointed under section 4;
proceed to visit the place where such accident has taken place;
order all workings to cease operation as soon as possible;
make an investigation of the circumstances and record the findings of such investigation; and
send immediately a report of such investigation to the
Director.
24 Laws of Malaysia ACT 525
The place where the accident has taken place shall be left as it was immediately after such accident until the investigation has been completed:
Provided that rescue work or any work necessary for the general safety of the persons employed therein or for the recovery of the bodies of deceased persons shall not be delayed.
No work shall resume until permission in writing has been obtained from the Assistant Director.
Upon receipt of the report given by the Assistant Director, if it appears to the Director that there is reason to believe that the accident was due to any failure to comply with any written directions issued under section 15 or any order given by any mines officer under this
Director
“Director” means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines;
Act and the Director is of the opinion that the accident may have been prevented if proper precautions had been taken and observed, he shall submit the report of the Assistant Director together with his recommendations on the holding of an inquiry to the Director
General.
The Director General shall consider the report submitted under subsection (5) and decide whether or not to hold an inquiry.
Director General
“Director General” means the Director General of Mines appointed under section 4 and includes any Deputy Director General of Mines;
Terms defined in s 3
Assistant Director
Defined · s 3“Assistant Director” means an Assistant Director of Mines appointed under section 4;
Director
Defined · s 3“Director” means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines;
Director General
Defined · s 3“Director General” means the Director General of Mines appointed under section 4 and includes any Deputy Director General of Mines;
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 tenement
Defined · s 3“mineral tenement” means a fossicking licence, dulang licence, individual mining licence, prospecting licence, exploration licence, proprietary mining licence, mining lease, or any of them for the purpose of exploration or mining of minerals or mineral ores, as the case may be, issued under any Federal or State law regulating mineral tenements;
mines officer
Defined · s 3“mines officer” means the Director General of Mines, any Director of Mines, Assistant Director of Mines, Senior Mining Assistant, Mining Assistant or any other officer duly authorized in writing by the Director General;
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