Minerals And Mining (Health, Safety And Technical Regulations, 2012) (L.I. 2182)Regulation 2(1) An inspector or another person appointed for that purpose under these Regulations by the Chief Inspector of mines, may, at a reasonable time in the day or in the night and on the production of the appropriate authorisation,(a) enter, inspect, and examine a mine in a manner that does not unnecessarily impede or obstruct the working of the mine;(b) examine and inquire into (i) the state and condition of a mine or part of the mine and of matters and things that pertain to the mine in so far as they relate to the safety or health of persons employed in the mine, and (ii) matters relating to these Regulations, to minimise any damage that may be caused to the environment by mining and mining related operations; and(c) enforce compliance with these Regulations.(2) For the purpose of an examination, inspection, or enquiry, an inspector may invite the manager of a mine or an official of the mine not below the rank of a mine captain or its equivalent, together with any other official or employee that the inspector considers necessary to accompany the inspector and that manager, official or employee shall comply with the request.(3) An inspector may(a) take samples of minerals and other substances from a mine(i) for the purpose of analysis or testing; or(ii) for use in evidence in connection with an offence against these Regulations, and(b) for the purpose of inspection,(i) take extracts from or make copies of a document, or(ii) take photos of a mine.(4) An inspector shall give a receipt for any object or document removed or taken in the course of the performance of the inspector's functions.(5) An inspector may, by written notice as set out in Form One of the First Schedule to a holder of a mining lease or the manager of a mine, order(a) the cessation of operations in, and the withdrawal of any or all persons from the mine or part of the mine where the Inspector considers that necessary in the interest of safety, health or the environment; or(b) the discontinuance of the use of a machinery that the inspector considers unsafe, until the action necessary for safety as specified in the notice is taken and completed.(6) Where the inspector is of the opinion that a circumstance, practice or omission in a mine or part of the mine is so defective or dangerous as to be likely to cause bodily injury or cause damage to any property and there is no provision in these Regulations concerning that situation, the Inspector shall(a) make an order, as set in Form Two of the First Schedule, which directs the holder or the manager of the mine to remedy the situation immediately or within the time specified by the Inspector, and(b) confirm the order by notice in writing, specifying the matters considered defective or dangerous and which the holder or manager is required to remedy immediately or within the time specified in the order.(7) A holder or a manager who does not comply with an order made under sub-regulation (5) commits an offence and is liable on summary conviction to a fine of not more than fifteen thousand penalty units or a term of imprisonment of not more than twenty-five years or to both.(8) A holder or manager may appeal under regulation 4 against an order made by an Inspector under this regulation.(9) A copy of an order made under this regulation shall be kept as part of the record required to be maintained under regulation 43.(10) An inspector may(a) obtain and record statements from witnesses, or conduct enquiries regarding mine accidents, dangerous occurrences and contraventions of these Regulations,(b) appear at inquests and call and examine witnesses and cross examine witnesses, and(c) subject to authorisation by the Attorney General, conduct a prosecution for an offence under these Regulations.(11) An inspector may(a) exercise any power that is necessary for giving effect to these Regulations; and(b) impose the penalties specified in the Second Schedule or other penalties resulting from an offence under these Regulations.(12) An inspector in exercising the powers under these Regulations may be assisted by a person who the inspector believes has special or expert knowledge of the matter being inspected, tested or examined |
Procedures to FollowNot Avaiable |
Responsible InstitutionMinerals Commission
36 Second Cantonments Cl, Accra |
Relevant Forms to Download |
Fees / ChargesNot Avaiable |