Mineral Development Act 1994 · Updated to 1 Jan 2013 · Part IV · Accident and Inquiry
22. Procedure for inquiry
Official textFrom Laws of Malaysia Online, unchanged
Where the Director General decides to hold an inquiry, he shall appoint a mines officer and if necessary any person possessing legal or special knowledge to assist him in such inquiry.
Director General
“Director General” means the Director General of Mines appointed under section 4 and includes any Deputy Director General of Mines;
The mines officer may open the inquiry or any part of the inquiry to the public and shall conduct it in such manner as he considers most effective for ascertaining the cause of the accident and he shall subsequently submit a report of the inquiry through the
mines officer
“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;
Director General to the Minister.
Minister
“Minister” means the Minister charged with the responsibility for mining and minerals;
In conducting the inquiry, the mines officer shall have the following powers:
Mineral Development 25
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;
to procure and receive all evidence, written or oral, and to examine any person as witness as the mines officer deems necessary or desirable to procure or examine;
to require the evidence, written or oral, of any witness to be made on oath or affirmation (such oath or affirmation to be that which could be required of the witness if he were giving evidence in the High Court) or by statutory declaration; and
to summon any person to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession.
Where the mines officer is satisfied that a person who, under subsection (3)—
having been summoned to attend any such inquiry, fails to do so;
having been required to produce any document or other thing, fails to do so; or
having been required to answer any question, refuses to do so, he may certify in writing the failure to attend or to produce the document or the refusal to answer questions, as the case may be, and inform the Magistrate accordingly.
A person giving evidence under this section shall be legally bound to state the truth, whether or not such evidence is made wholly or partly in answer to questions.
Where a certificate is given under subsection (4), the
Magistrate shall inquire into the case and, if he is satisfied that the person to whom the certificate relates has, without reasonable excuse, failed to attend or failed or refused to comply with the requirement as mentioned in the certificate he shall order the person to attend or to comply with the requirement at a hearing before the mines officer holding such inquiry to be held at a time and place specified in the order.
26 Laws of Malaysia ACT 525
Terms defined in s 3
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;
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;
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;
Minister
Defined · s 3“Minister” means the Minister charged with the responsibility for mining and minerals;
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