Act No: No. 12 of 2016
Act Title: MINING
SUBSIDIARY LEGISLATION
Arrangement of Sections
LAND DECLARED TO BE EXCLUDED FROM PROSPECTING AND MINING UNDER SECTION 7(1)(J)
[G.N. 50/1933, G.N. 71/1933, G.N. 264/1933, G.N. 457/1933, G.N. 193/1934, G.N. 223/1934, G.N. 286/1934, G.N. 806/1934, G.N. 133/1935, G.N. 105/1936, G.N. 477/1938, G.N. 1683/1954, G.N. 3064/1960, G.N. 1925/1961, L.N. 156/1960, L.N. 256/1960.]

The area of approximately 318 acres known as Bukura Farmers’ Training Centre in the North Nyanza District situated on both sides of the Butere-Kakamega Road and demarcated by beacons, and delineated on a plan kept at the office of the Commissioner.

[G.N. 50/1933.]

The area of approximately 50 acres allocated to the Government African School in the North Nyanza District, adjoining the western boundary of Kakamega Township, and delineated on a plan kept at the office of the Commissioner.

The area in the North Nyanza District described under the name of the North Maragoli Trading Site in the Proclamation dated the 15th August, 1910, at page 514 of the Gazette for 1910.

The area in the North Nyanza District described under the name of Marama Bazaar in the Proclamation dated the 21st October, 1910, at page 625 of the Gazette for 1910.

The exclusion of the above four areas does not affect any prospecting or mining rights already granted and existing.

Any part of the flood plain or area covered by swamp which extends for more than fifty feet from the centre of the Edzawa River in the North Nyanza District.

[G.N. 71/1933.]

The area in the North Nyanza District contained by a line extended from the junction of the Kisumu-Yala-Mumias Road with the Yala-Kisa-Maragoli Road (just south of Yala Trading Centre), thence easterly along the latter road to its junction with the Kakamega-Kisumu Road, thence northerly along that road for about half a mile to its junction with the road running easterly to Odangas Camp, thence easterly along that road to its junction with the Kakamega-Bidakho-Kaimosi Mission Road, thence south-easterly along that road to its junction with the Kaimosi-Kisumu Road, thence south-westerly along that road to its intersection with the Gazetted boundary of North and Central Kavirondo, thence generally westerly along that boundary to its intersection with the Kisumu-Yala-Mumias Road, thence northerly along that road to the point of commencement.

The exclusion of the above area does not affect any prospecting or mining rights already granted and existing.

[G.N. 264/1933.]

All trading centres from time to time declared under the Trading Centres Act (Cap. 278 (1948)), but without prejudice to any prospecting or mineral rights already granted and existing.

[G.N. 457/1933.]

The islands in Lake Victoria situated in the Nyanza Province.

[G.N. 193/1934.]

The area of land situate in the Elgon Nyanza District and the North Nyanza District the boundaries whereof, commencing at a post bearing 69° magnetic from the centre of the railway bridge over the Luguzi River and at a distance of about 700 feet from that bridge;

run thence on a bearing of 236° 26' for a distance of 1,574.3 feet;

thence on a bearing of 228° 0' for a distance of 634.8 feet;

thence on a bearing of 196° 5' for a distance of 794.8 feet;

thence on a bearing of 262° 30' for a distance of 1,000 feet;

thence on a bearing of 192° 0' for a distance of about 830 feet to the left bank of an unnamed stream;

thence south-easterly by the left bank of that stream to its junction with the Nzoia River;

thence easterly for a distance of about 200 feet to the left bank of that river;

thence south-easterly by the left bank of that river for a distance of about 1,370 feet;

thence on a bearing of 28° 0' for a distance of 108 feet to a post;

thence on a bearing of 38° 27' for a distance of 205.8 feet;

thence on a bearing of 31° 0' for a distance of 737.8 feet;

thence on a bearing of 14° 37' for a distance of 565.9 feet;

thence on a bearing of 3° 49' for a distance of 900.2 feet;

thence on a bearing of 26° 57' for a distance of 610.3 feet;

thence on a bearing of 56° 26' for a distance of 1,099.5 feet;

thence on a bearing of 343° 0' for a distance of 1,270 feet to the point of commencement.

The exclusion of the above area does not affect any prospecting or mining rights already granted and existing.

[G.N. 223/1934.]

The following areas in the Central Nyanza District—

(a)

the area of land the boundaries whereof, commencing at a beacon bearing 249° 31' from the south end of the railway bridge over the Yala River and at a distance of about 1,949 feet from this bridge;

run thence by a straight line bearing 20° 0' for a distance of 745 feet to a beacon;

thence by a straight line bearing 296° 30' for a distance of 403 feet to a beacon;

thence by a straight line bearing 280° 0' for a distance of 550 feet to a beacon;

thence by a straight line bearing 236° 10' for a distance of 751 feet to a beacon;

thence by a straight line bearing 270° 0' for a distance of 402 feet to a beacon;

thence by a straight line bearing 260° 20' for a distance of 500 feet to a beacon;

thence by a straight line bearing 289° 40' for a distance of 493 feet to a beacon;

thence by a straight line bearing 252° 40' for a distance of 502 feet to a beacon;

thence by a straight line bearing 260° 30' for a distance of 995 feet to a beacon;

thence by a straight line bearing 167° 30' for a distance of 615 feet to a beacon;

thence by a straight line bearing 100° 0' for a distance of 300 feet to a point on the north bank of the Yala River;

thence by the north bank of that river in an easterly direction for a distance of approximately 2,500 feet to a beacon;

thence by a straight line bearing 96° 10' for a distance of 958 feet to a beacon;

thence by a straight line bearing 56° 30' for a distance of 360 feet to a beacon;

thence by a straight line bearing 110° 0' for a distance of 350 feet to the point of commencement;

(b)

an area of approximately five acres demarcated with stone beacons at Ombo in the Seme Location;

(c)

an area of approximately five acres demarcated with stone beacons at Mariwa in the Seme Location.

[G.N. 286/1934.]

Water Areas Nos. 53, 54, 55, 56, and 57 comprising the area of Lake Victoria which lies within the Nyanza Province, and delineated on a plan kept at the office of the Commissioner.

[G.N. 806/1934.]

The following areas in the North Nyanza District—

(a)

an area containing approximately 1,006 acres the boundaries whereof, commencing at the beacon on the Kakamega Forest Reserve boundary on the eastern side of the track from Liboona, Irina and Shikoosa (approximately X-68350 and Y-118750);

run thence eastwards for a distance of approximately 1,175 feet along the forest boundary to the commencement of a cut and beaconed line;

thence along that line due south until it meets the Luanda River;

thence downstream for a distance of some 2,000 feet to the commencement of a cut and beaconed line on the western bank;

thence westwards and north-westwards by that line until it meets the forest boundary;

thence north-eastwards and eastwards along that boundary to the point of commencement;

(b)

an area containing approximately 495 acres the boundaries whereof, commencing at a point on the western boundary of Kakamega Forest Reserve, where the cut and beaconed boundary meets the Lugusidz River (approximately X-55250 and Y-94750);

run thence up-stream for a distance of approximately 2,500 feet to the commencement of a cut and beaconed line on the northern bank;

thence along that line northwards for a distance of approximately 7,275 feet;

thence westwards by a beaconed line for a distance of approximately 3,300 feet to the forest boundary;

thence southwards along that boundary to the point of commencement.

The exclusion of the above two areas does not affect any prospecting or mining rights already granted and existing.

[G.N. 133/1935.]

The area within a radius of half a mile from the pier on the foreshore at the Trading Centres of Kadimu and Asembo in the Central Nyanza District.

Those areas to which the Land Titles Act (Cap. 282) has been applied.

[G.N. 105/1936.]

The exclusion of the lastly above-mentioned areas does not affect any prospecting or mining rights already granted and existing.

[G.N. 477/1938.]

The area of land in the Kajiado District and formerly forming the Amboseli National Reserve, the boundaries of which are set out in the Schedule to Government Notice No. 1233 of 1948, excepting the following areas—

(a)

an area of approximately eight square miles the boundaries whereof, commencing at that point on the Kenya-Tanganyika boundary from which the trigonometrical beacon Magadini lies at a true bearing of 280°;

run thence in a north-westerly direction along the Kenya-Tanganyika boundary for a distance of approximately 4,480 yards to a point;

thence on a true bearing of 65° for a distance of approximately 8,960 yards to a point;

thence in a south-easterly direction parallel to the Kenya-Tanganyika boundary for a distance of approximately 4,480 yards to a point;

thence on a true bearing of 245° for a distance of approximately 8,960 yards to the point of commencement;

(b)

an area of approximately 159 square miles the boundaries whereof, commencing at the intersection of a straight line connecting the two trigonometrical beacons Magadini and Meshanai with the Kenya-Tanganyika boundary;

run thence in a north-westerly direction along the Kenya-Tanganyika boundary for a distance of approximately 64,900 feet to a point;

thence due north for a distance of approximately 51,500 feet to the south-western peak of the Ngorigaishi Hills, known as Lengarunyeni (altitude approximately 4,360 feet);

thence on a true bearing of approximately 97° 51' for a distance of approximately 82,218 feet to the trigonometrical beacon Meshanai;

thence on a true bearing of approximately 199° 38' for a distance of approximately 74,883 feet to the point of commencement.

The exclusion of the above area does not extend to any part thereof in respect of which any prospecting or mining rights have already been granted, during their subsistence, whether by renewal or otherwise.

[G.N. 1683/1954, G.N. 1925/1961.]

An area of approximately eight square miles situated in the Kajiado District, the boundaries whereof, commencing at that point on the Kenya-Tanganyika boundary from which the trigonometrical beacon Magadini lies at a true bearing of 280°;

run thence in a north-westerly direction along the Kenya-Tanganyika boundary for a distance of approximately 4,480 yards to a point;

thence on a true bearing of 65° for a distance of approximately 8,960 yards to a point;

thence in a south-easterly direction parallel to the Kenya-Tanganyika boundary for a distance of approximately 4,480 yards to a point;

thence on a true bearing of 245° for a distance of approximately 8,960 yards to the point of commencement;

but excepting therefrom every area in respect of which any prospecting or mining right has been granted under the Act and is still subsisting on the 1st July, 1960.

[G.N. 3064/1960.]

An area of approximately 38 ¾ square miles situated in the South Nyanza District of the Nyanza Province as marked upon a map deposited with the Commissioner (Mines and Geology), Nairobi, and more particularly described as follows:—

Commencing at the confluence of the centre lines of the KUJA and MIGORI RIVERS;

thence in a straight line on a true bearing of 305° 30' for an approximate distance of 25,400 feet to KIMAI R.C.M. SCHOOL;

thence in a straight line on a true bearing of 17° 30' for an approximate distance of 27,650 feet to GOTMAGUNGA;

thence in a straight line on a true bearing of 54° for an approximate distance of 8,550 feet to OBWARE D.S.B. SCHOOL;

thence in a straight line on a true bearing of 151° 30' for an approximate distance of 32,400 feet to the north-west corner of the area of SPECIAL MINING LEASE No. 11;

thence in a straight line on a true bearing of 117° for an approximate distance of 13,617 feet to the north-east corner beacon of the area of SPECIAL MINING LEASE No. 11;

thence in a straight line on a true bearing 121° 30' for an approximate distance of 14,700 feet to a point;

thence in a straight line on a true bearing of 203° 30' for an approximate distance of 18,500 feet to the junction of the SUNA-MOHORU ROAD and the road to GORI MARIA MINE;

thence in a straight line on a true bearing of 295° for an approximate distance of 30,400 feet to the point of commencement.

A total area of approximately one square mile comprising—

(a)

approximately .5 square miles situated in the West Suk District of the Rift Valley Province; and

(b)

an adjoining .5 square miles situated in the Turkana District of the Northern Province

and further described as follows, that is to say, two equal strips of land each 110 yards wide and 6 1/2 miles long, situated one on each side of the Turkwell (or Suam) River, together with the bed of that river, the said distance of 6 1/2 miles being measured downstream from the point of confluence of the said river with a small eastward-flowing unnamed tributary thereof, the said confluence being situated approximately three-quarters of a mile south from Korpu Camp:

Excluding every area in respect of which any prospecting or mining right has been granted under the Mining Ordinance and is still subsisting at the 31st day of July, 1960.

MINING REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY PROSPECTING

1.

Citation.

2.

Applications.

3.

Protection notices.

4.

Effect of protection notice.

5.

Extensions of protection period.

6.

Protection notice to be maintained.

7.

Posting of second protection notice prohibited.

PART II – EXCLUSIVE PROSPECTING LICENCES

8.

Application for exclusive prospecting licence.

9.

Sketch plans.

10.

Procedure on granting of application.

11.

Painting and maintenance of beacons.

12.

Form of licence.

13.

Renewal of licences.

PART III – LOCATIONS

14.

Pegging of locations.

15.

Classes and areas of locations.

16.

Pegging and the posting of notices after dark forbidden.

17.

Erection of corner pegs.

18.

Pegging an area in excess of prescribed area.

19.

Application for registration of locations, and certificate of registration.

20.

Registered numbers.

21.

Disputes as to titles.

22.

Replacement of corner pegs with beacons.

23.

Notice boards.

24.

Powers of Commissioner where claim expired, abandoned, forfeited or transferred.

25.

Development of locations.

26.

Development work while prospecting.

27.

Renewal of locations.

28.

Transfer of Locations.

29.

Proceeding to production.

30.

Survey may be required.

31.

Cancellation of certificate of registration without abandonment.

32.

Expiration, etc., of locations, licences and leases.

PART IV – MINING LEASES

33.

Applications.

34.

Painting and maintenance of official number of lease.

35.

General provisions as to leases.

36.

Leases: development.

PART V – GENERAL

37.

Returns and reports.

38.

Payment of royalties.

39.

Rates of royalties.

40.

Commissioner may refuse permit to export minerals.

41.

Accounts.

42.

Appointment of attorneys.

43.

Fees.

44.

Registration.

SCHEDULES

FIRST SCHEDULE —
SECOND SCHEDULE —

DEVELOPMENT

THIRD SCHEDULE —

FEES - GENERAL

FOURTH SCHEDULE

Regulations under Section 92
MINING REGULATIONS
[Cap. 168 (1948), Sub. Leg., G.N. 1046/1954, L.N. 100/1956, L.N. 604/1961, L.N. 142/1963, L.N. 56/1965, L.N. 273/1969, L.N. 154/1987, L.N. 46/1999, L.N. 149/1999, L.N. 38/2014.]
PART I – PRELIMINARY PROSPECTING
1.
Citation

These Regulations may be cited as the Mining Regulations.

2.
Applications
(1)

An application for a prospecting right or any renewal thereof shall be made to the Commissioner in Form 1 in the First Schedule.

(2)

Prospecting rights may be issued or renewed by the Commissioner, or by any officer appointed by him on his behalf.

(3)

A prospecting right or a renewal thereof shall follow as closely as may be Form 2 in the First Schedule.

3.
Protection notices

The holder of a prospecting right may in any area open to prospecting himself post a notice (to be called a protection notice), and such notice—

(a)

shall follow as closely as possible Form 3 in the First Schedule; and

(b)

shall be carried on an upright artificial support erected in a conspicuous and accessible place; and all brushwood around such notice shall be cleared for a distance of 10 metres and the place shall be marked by a flag elevated 4 metres above the ground.

4.
Effect of protection notice

The posting of a protection notice shall confer upon the holder the exclusive right of prospecting an area having a radius of 500 metres measured horizontally from the notice in any direction (such area to be called a protection area) for a period of thirty days from the date of posting.

5.
Extensions of protection period
(1)

The Commissioner, at his discretion, may extend the period of protection provided by the notice, on payment of the prescribed fees, for further periods of thirty days each, up to a maximum of one hundred and eighty days each in all from the date of posting such notice.

(2)

Application for an extension shall be accompanied by a statement of work, which shall be in Form 4 in the First Schedule.

(3)

The Commissioner shall, upon the extension of a period of protection, issue a certificate of extension with an official registered number to such protection area, and shall cause an entry thereof to be made in a book to be kept for the purpose. The registration number and the date to which the protection from time to time is extended shall be marked forthwith on the protection notice by the holder thereof. The certificate of extension shall follow as closely as may be Form 5 in the First Schedule.

6.
Protection notice to be maintained

The holder of a prospecting right who has posted a protection notice in accordance with regulations 3 and 23 shall, during the period of protection, maintain such notice in such manner as to be clearly legible.

7.
Posting of second protection notice prohibited
(1)

Until the protection notice posted under a prospecting right is removed, no second or further protection notice shall be posted in the same administrative district by virtue of such prospecting right.

(2)

Any person who contravenes this regulation shall be guilty of an offence.

PART II – EXCLUSIVE PROSPECTING LICENCES
8.
Application for exclusive prospecting licence

An application for an exclusive prospecting licence shall be made to the Commissioner in quadruplicate in Form 6 in the First Schedule, and the prescribed fee shall accompany the application.

9.
Sketch plans
(1)

A sketch plan in quadruplicate on a reasonable scale shall accompany the application, and shall be in accordance with the delineation set forth in the form of application, and shall show the following details—

(a)

the main topographical features in and about the area applied for in such a manner as will enable the boundaries to be identified on the ground;

(b)

an approximate estimate in square kilometres of the area applied for; and

(c)

such other information as will enable the area to be delineated on the general map of the district in which the area applied for is situated.

(2)

If the Commissioner is not satisfied with the adequacy of the sketch plan submitted under subregulation (1) of this regulation, or with the programme of work or the financial provision submitted under subsection (2) of section 18 of the Act, he may refuse to consider the application.

10.
Procedure on granting of application

Every person who has applied for an exclusive prospecting licence, and who is informed that his application will be granted, shall forthwith cause all boundaries to be beaconed in the manner specified in Part II of the Fourth Schedule, or beaconed or demarcated in accordance with the written directions of the Commissioner, and shall, if required by the Commissioner, cause a survey of the area to be made in strict conformity with the requirements of the regulations made under the Survey Act (Cap. 299) and at the expense of the applicant and to the satisfaction of the Commissioner, submitting the plan, field notes and computations of such survey (which shall become the property of Government) to the Director of Surveys for his examination and approval.

11.
Painting and maintenance of beacons
(1)

Within fourteen days of the grant of an exclusive prospecting licence, the holder thereof shall forthwith paint clearly on an iron plate securely bolted to every beacon on the side facing the area the subject of such licence his name and the official number of such exclusive prospecting licence.

(2)

The holder of an exclusive prospecting licence shall during the period of such licence—

(a)

maintain his beacons in good condition and in proper position;

(b)

keep clearly painted on such beacons the particulars required by subregulation (1); and

(c)

keep cut and cleared of vegetation all or any of the boundaries specified by the Commissioner for a distance of not less than 50 metres from the beacons defining such boundaries.

12.
Form of licence

Every exclusive prospecting licence shall follow as closely as may be Form 7 in the First Schedule.

13.
Renewal of licences
(1)

Application for the renewal of an exclusive prospecting licence shall be lodged with the Commissioner not later than two months before the date of expiration of such licence.

(2)

When a licence holder who has so applied has, up to and including the date on which his licence is due to expire, not received any notification of the allowance or dis-allowance of his application, he may continue his operations until he receives such notification.

(3)

Where such application is allowed, the licence shall be renewed as from the date of expiry.

PART III – LOCATIONS
14.
Pegging of locations
(1)

The holder of a prospecting right or of an exclusive prospecting licence in respect of the area of such licence may peg off a location in the following manner: in the case of a lode location the shape of the location and of each of the claims shall be, as nearly as circumstances permit, a rectangular parallelogram, and the length of the longer side of each claim shall not exceed thrice the length of the shorter side; in the case of an alluvial location, the width of each claim shall not be less than 20 metres.

(2)

Such holder shall, on the completion of such pegging, post a notice (to be called the registration notice) on a substantial artificial support at corner peg “A” of such location as prescribed by paragraph (a) of subregulation (2) of regulation 17.

(3)

Any such registration notice shall in respect of lode locations or alluvial locations follow as closely as may be Forms 8 and 10 respectively in the First Schedule.

15.
Classes and areas of locations

For the purpose of these Regulations, a location shall consist of a block of not more than ten claims of one of the following classes and dimensions—

(a)

a precious metals lode location, of which each claim shall be of an area of not more than 20,000 square metres;

(b)

a precious stones lode location (excluding diamonds, unless authorised by the Commissioner by an endorsement on the certificate of registration), of which each claim shall be of an area of not more than 20,000 square metres;

(c)

a non-precious minerals lode location, of which each claim shall be of an area of not more than 50,000 square metres;

(d)

a precious metals alluvial location, of which each claim shall be of an area of not more than 1,000 square metres;

(e)

a precious stones alluvial location (excluding diamonds, unless authorised by the Commissioner by an endorsement on the certificate of registration), of which each claim shall be of an area of not more than 1,000 square metres;

(f)

a non-precious minerals alluvial location, of which each claim shall be of an area of not more than 1,000 square metres.

16.
Pegging and the posting of notices after dark forbidden

The posting of any protection or registration notice or the pegging of any location between sunset and sunrise is forbidden, and shall not be deemed to confer any rights whatsoever.

17.
Erection of corner pegs
(1)

Every person pegging a location shall, before he posts the registration notice on such location, erect upon every claim thereof four corner pegs.

(2)

The following conditions shall be fulfilled as regards the corner pegs—

(a)

they shall be placed at all the points of intersection of the claim boundary lines (which must be straight):

Provided that where a peg, by reason of its position, can be regarded as common to contiguous claims it may be reckoned as one peg in respect of each of such claims, and may bear accordingly the required letter of the alphabet and the number or numbers of the claims (1 to 10) to which it is common (see specimen Forms 12 and 13 in the First Schedule);

(b)

they shall carry a plate not less than 10 centimetres square, which shall be marked with the appropriate letter and number or numbers of the claims;

(c)

they shall be not less than 1 metre in height and, if constructed of wood, shall measure not less than 10 centimetres in diameter;

(d)

the peg marked “A” shall bear the registration notice.

18.
Pegging an area in excess of prescribed area

Where a person is found to have pegged in excess of his claim, he shall, if required by the Commissioner, reduce the claim to the area prescribed by these Regulations, and, at the discretion of the Commissioner, either re-peg within fourteen days the excess area as a new location or abandon such excess area:

Provided that if the pegger re-pegs such excess area he shall, upon applying for the registration of the location, pay a registration fee of treble the amount of the fee ordinarily payable, in respect of the ground so pegged in excess.

19.
Application for registration of locations, and certificate of registration
(1)

Every application for a certificate of registration shall be made to the warden of the mining district in which the location is situated, and the applicant shall lodge with such warden for inspection or filing, as the case may be, the following documents—

(a)

two copies of his registration notice and a plan in triplicate giving the dimensions in metres of the claims to be registered within the location, together with such detailed particulars and measurements as will enable the location to be located on the general maps of the district;

(b)

a certificate signed by the applicant to the effect that the copies of such notice are true copies, and that all the facts stated therein are true and correct;

(c)

a written statement of the class of minerals for which the location is to be registered; and

(d)

the prospecting right and (where such exists) any power of attorney or other instrument under whose terms the location has been pegged.

(2)

The fees payable in respect of claims shall be—

(a)

for a lode claim: Sh. 10;

(b)

for an alluvial claim: Sh. 2.

(3)

The certificate of registration shall in respect of lode locations or alluvial locations follow as closely as may be Forms 9 and 11 respectively in the First Schedule.

20.
Registered numbers
(1)

The warden shall upon the original registration of every location assign an official registered number to such location, and shall cause an entry thereof to be made in a book to be kept for the purpose.

(2)

Such registered number shall be added, as soon as may be, to the particulars on the registration notice of the location.

21.
Disputes as to titles

In all cases of dispute between peggers of locations as to the right and title to any particular location the principle of priority of title shall prevail, provided the priority title has not been abandoned.

22.
Replacement of corner pegs with beacons
(1)

Within a period of four months from the date of the issue of a certificate of registration in respect of any location, all the external pegs demarcating the periphery of such location shall be replaced by stone beacons as specified in Part I of the Fourth Schedule.

(2)

The peg of every stone beacon demarcating the periphery on a location shall bear a notice board or notice containing, in the order shown, the following particulars—

(a)

a letter and number or numbers corresponding to the letter and number or numbers assigned to such peg in the registration notice;

(b)

the name of the lode and/or class of the location;

(c)

the registered number of the location;

(d)

the date of the original pegging of the location;

(e)

the office at which the location is registered;

(f)

the name or names of the holder or holders; and

(g)

in the case of renewal to a common date, the date to which renewed.

(3)

The registration notice shall be maintained until such time as the location covered by it has been permanently beaconed in accordance with this regulation.

23.
Notice boards
(1)

Notice boards on which protection or registration notices are posted, or which are fixed to pegs or beacons marking the boundaries of a location, shall be at least thirty centimetres square.

(2)

A notice shall be distinctly and legibly written, printed or painted, and all dates and times shall be pricked through the writing.

(3)

No paper or other material liable to be rendered illegible by rain or exposure shall, except for purely temporary purposes, be deemed a proper marking.

(4)

The holder of a location shall, during the duration of such location, maintain all prescribed notices and markings in such a manner as to be clearly legible, and shall keep all prescribed pegs and beacons in good condition and in their proper position.

24.
Powers of Commissioner where claim expired, abandoned, forfeited or transferred
(1)

When any claim in any location has expired or been abandoned, forfeited or transferred, it shall be lawful for the Commissioner to give directions in writing to the holder of such location or, in the case of a transferred claim, to both the transferor and the transferee, requiring him or them to amend the particulars or position of the registration notice, or of the notice boards or notices appearing on any peg or stone beacon or to alter the alignment of any demarcating trench, or to do such other acts as are necessary to define clearly the situation and boundaries of the claims which remain existent.

(2)

Such directions may require the erection and maintenance of notice boards containing diagrams of existing claims, and may require the holder, in the case of the expiry, abandonment or forfeiture of any claim in a location, in respect of the claims then existent, to apply to the Commissioner for the cancellation of the certificate of registration and for re-registration under regulation 31, and, in the case of the transfer of any claim in a location, may require the transferor or the transferee or both of them to make similar applications.

(3)

Such directions shall be complied with within fourteen days of such expiry, abandonment, forfeiture or transfer:

Provided that the Commissioner may in his discretion extend the time for compliance for such period as he shall think fit not exceeding thirty days from such expiry, abandonment, forfeiture or transfer.

25.
Development of locations
(1)

The holder of any location (other than a lode location) shall commence, within aperiod of thirty days after the date of his application for registration, unless he has been informed that registration has been refused, and with due diligence during the continuance of the location carry out, or cause to be carried out, prospecting or mining operations to the satisfaction of the Commissioner.

(2)

The holder of a lode location shall during each year of the continuance of the location execute upon the area of each claim at least 4 metres of development work of the nature set forth in the Second Schedule, not less than half of which shall be completed in the first six months of each year, save that in the case of renewal to a common date the proportion of development work to be done for the period for which renewal is made shall be in the ratio of one development metre per claim for each three-month period or part thereof:

Provided that—

(i) when in any one year or at the conclusion of a renewal period the work done on any one claim is in excess of the prescribed amount of development, such excess may count towards the amount of development work required in respect of the remaining claims in the same location in the same year or renewal;
(ii) where the work done on any location is in excess of the prescribed amount of development, the Commissioner may permit such excess to be taken into account in reckoning the amount of development work required in respect of locations in the same ownership and in the same vicinity, and, if such development work has been underground development work, shall allow to be carried forward any excess then remaining towards the development work required in respect of such locations in the following location year or renewal period, but not longer.
(3)

Notwithstanding anything in this regulation contained, the Commissioner may, in his discretion, permit a location holder to pay a sum not exceeding twenty shillings per claim in lieu of carrying out the development work for any year prescribed for such claim, or may for good and sufficient reason permit a location holder to perform a smaller amount of development work than that prescribed, or may extend for a period not exceeding six months the time in which such development is to be completed.

26.
Development work while prospecting

Prospecting work performed by the holder of a prospecting right on ground which is subsequently registered by him as a location may be included and reckoned in the amount of work certified in the statement of development.

27.
Renewal of locations
(1)

Application for the renewal of a location or part thereof shall be lodged with the warden of the mining district in which the location is situated before the date of expiration thereof, and in Form 15 in the First Schedule. When such application has been made and the holder has not been notified as to whether his application has been allowed before the date on which the location expires, he may continue his mining operations unless and until notified that his application is disallowed. Where the application is allowed, the renewal shall date from the day on which the location would, but for such renewal, have expired.

(2)

A fee of ten shillings shall be paid in respect of each renewal of a lode claim, and a fee of two shillings in respect of each renewal of an alluvial claim.

(3)

No application for a renewal shall be considered unless accompanied by the prescribed fees and until supported by statements of development for the current year or period of renewal to a common date as required under paragraph (c) of sub-regulation (1) of regulation 37; such statements of development shall follow as closely as may be Form 14 in the First Schedule, and shall be lodged with the warden of the mining district in which the location is situated not later than seven days after the date due for expiry, except in cases where renewal is authorised under subsection (4) of section 29 of the Act, and in any such case the lodgment shall be made before the last day on which renewal is so authorised.

(4)

The certificate of renewal of registration shall, in respect of lode locations or alluvial locations, follow as closely as may be form 16 in the First Schedule.

28.
Transfer of Locations
(1)

The holder of a location may transfer the same or part thereof on payment of a registration fee of two shillings for each claim or part thereof contained in such location.

(2)

Every such transfer shall be evidenced by the completion of a form which shall follow as closely as may be Form 17 in the First Schedule to these Regulations.

29.
Proceeding to production
(1)

The holder of any lode location may proceed to production after having given reasonable notice in writing to the Commissioner of his intention so to do.

(2)

Any holder who proceeds to production without having given such notice shall be guilty of an offence.

30.
Survey may be required
(1)

The Commissioner, if satisfied that a survey is necessary for the prevention of differences as to the boundaries of the land included in any location or licence or for securing a proper definition of the area included therein, may give notice to the holder of such location or licence that a survey in strict conformity with the requirements of the regulations made under the Survey Act (Cap. 299) and at the expense of the applicant is required to be made of the land included in such location or licence, and that a plan thereof must be furnished to the Commissioner, and may require the cost of the survey and plan to be estimated as hereinafter provided; and thereupon such holder shall within the time specified in such notice deposit with the Commissioner such sum as may by the estimate of the Director of Surveys be necessary to cover the cost of such survey and plan.

(2)

As soon as conveniently may be after payment of the sum demanded, the Director of Surveys shall cause a proper survey of the land included in such location or licence to be made, and shall forward a plan thereof to the Commissioner together with a report in writing upon all matters which appear necessary to him, or upon which the Commissioner, by written instructions, has required him to report.

(3)

In any case where a holder to whom notice has been given in pursuance of this regulation fails to pay the amount demanded as the cost of such survey within the time specified, the location or licence in respect of which such survey is required shall become liable to forfeiture.

(4)

The Commissioner authorised to hear suits under the Act may, during the hearing of a suit before him, if it appears necessary, order any party to the suit to cause a survey and a plan to be made by a licensed land surveyor of any land which is the subject matter of a suit, and may adjourn the hearing of the suit for such purpose; and the Commissioner may make such order as to the payment of the costs of any such survey and plan as he may think fit.

(5)

No person shall make a survey required to be made by the Act or by any regulation thereunder except under the instructions of the Director of Surveys; and any plan which has not been passed and signed by the Director of Surveys or an officer acting under his authority shall not be received or acted upon by the Commissioner or any warden, nor shall the making of a survey or the preparation of a plan be deemed to be a compliance with a notice requiring survey (given by an officer duly authorised in that behalf), unless the survey has been made under the instructions of the Director of Surveys and the plan has been passed as aforesaid.

(6)

The cost of a surface survey shall be estimated and charged in accordance with the scale of fees for the time being charged by the Survey Department.

31.
Cancellation of certificate of registration without abandonment
(1)

The Commissioner, upon application by the holder of any location and on the production of the certificate of its registration together with any certificate of renewal, may, at his discretion, cancel such certificates and such registration of such location withoutabandonment or forfeiture of such location resulting therefrom, and may cause to be issued to such holder at one and the same time a fresh certificate of registration in respect of the whole or any part of such location which has been previously beaconed off in the manner prescribed by these Regulations, assigning to it a fresh official number.

(2)

Within a period of seven days from the date of issue of such certificate of registration, or within such period as the Commissioner may prescribe, all the beacons of the original location not being in use for the beaconing of the said part shall be removed by the holder of such location, and on the beacons of the said part the official number originally assigned to such location shall be replaced by the new official number assigned to such portion.

32.
Expiration, etc., of locations, licences and leases
(1)

Lists of locations or licences which have expired shall be posted on a board to be exhibited in some conspicuous place outside the office of the warden in whose district the locations or licences were situated.

(2)

A list of registered locations, licences or leases which have expired or have been abandoned, surrendered or forfeited shall be published from time to time in the Gazette.

(3)

Where any signed statement of abandonment is made by a registered holder of any location or licence, the abandonment of such location or licence shall be deemed to be of full force and effect as from the date of the receipt of such statement by the Commissioner.

(4)

Where any location, licence or lease is forfeited, the forfeiture of such location, licence or lease shall be deemed to be of full force and effect as from the date given in the Commissioner’s notice of forfeiture.

PART IV – MINING LEASES
33.
Applications
(1)

The holder of any location may apply in Form 18 in the First Schedule to the Commissioner for a lease covering the whole or any portion of the area covered by any location or locations held by him; he shall deposit with his application a plan showing the boundaries of the area applied for and the boundaries of his location or locations, and the abutting areas in respect of which prospecting, mining or surface rights may have been granted; and he shall further deposit with the Commissioner the certificate of registration and any certificate of renewal issued in connection with such location or locations, together with a written undertaking that he will defray the cost of survey and the cost of suitable plans for attachment to the lease.

(2)

The applicant for a lease of a location or locations shall, with his application, file an affidavit setting forth that the pegs or beacons of the location or locations have been bona fide erected and properly maintained and continued, and also, where possible, naming all the adjoining locations or leases (if any).

(3)

The Commissioner, upon receipt of any such application, shall at the expense of the applicant cause a notice containing particulars of the application to be inserted once in the Gazette and three times (at intervals of not less than a week) in a local newspaper; and the Commissioner shall give written notice of the application to all holders of adjoining locations and to all persons who, to his knowledge, have or claim to have any interest in the land to which the application relates.

(4)

Objections in writing against any such application may be lodged with the Commissioner, by any person interested, at any time within a period of ninety days from the date of the last of the publications provided for in subregulation (3); no objection shall be received or considered which has not been lodged within the said period.

(5)

Every such objection shall be heard and determined by the Commissioner, who shall make such order thereon as the justice of the case requires; an appeal shall lie to the Minister from any such order of the Commissioner, but no appeal shall be admitted after the expiration of thirty days from the date of the order appealed against.

(6)

Where no such objection has been lodged with the Commissioner within the prescribed time, or where such objection has been disallowed or has lapsed, and therequirements of this regulation have been satisfactorily complied with, the Commissioner may issue to the applicant a lease.

(7)

So soon as an applicant has been informed that a lease will be granted to him, the Commissioner shall cause the land to be surveyed in strict conformity with the requirements of the regulations made under the Survey Act (Cap. 299), at the cost of the applicant, and under the direction of the Director of Surveys, and the plan of the area signed by the Director of Surveys shall be attached to the lease.

(8)

Upon the completion of the survey, the applicant shall forthwith cause all boundaries to be beaconed in the manner specified in Part III of the Fourth Schedule, and in accordance with the directions of the Commissioner.

(9)

Every such survey shall be lodged with the Director of Surveys, and shall become the property of the Government.

34.
Painting and maintenance of official number of lease
(1)

Upon the grant of the lease, the lessee shall forthwith paint clearly on every beacon on the side facing the area leased the official number of such lease.

(2)

The lessee shall during the period of such lease maintain his beacons in good condition and proper position, and keep clearly painted on such beacons the official number of such lease.

35.
General provisions as to leases
(1)

The Commissioner shall retain a duplicate of every lease and of every plan issued by him, and shall cause such duplicates to be filed preserved in the mining register.

(2)

Every mining lease shall follow as closely as may be Form 19 in the First Schedule.

(3)

The lessee may, with the consent of the Commissioner, assign his lease; any such assignment shall follow as closely as may be Form 20 in the First Schedule.

(4)

A lessee may, with the consent of the Commissioner, surrender his lease; any such surrender shall follow as closely as may be Form 21 in the First Schedule.

36.
Leases: development
(1)

Every lessee of a lode lease shall, during each year of the continuance of his lease, execute at least 8 metres of development work of the nature set forth in the Second Schedule in respect of every 4 hectares or portion thereof included in the area of the lease.

(2)

Every lessee of an alluvial lease shall work the same to the satisfaction of the Commissioner.

(3)

Notwithstanding anything in this regulation contained, the Commissioner may in his discretion, for good and sufficient reason shown, permit a lessee to perform a smaller amount of development work than that prescribed, or may extend the time in which such development is to be completed.

(4)

Where the work done on any lease is in excess of the prescribed amount of development, the Commissioner may, in his discretion, permit such excess to be taken into account in reckoning the amount of development work required in respect of leases or locations in the same ownership and in the same vicinity.

(5)

Before the lessee of a subterranean lease begins prospecting or mining on the surface lying above the area comprised in such subterranean lease, he shall submit plans, in triplicate, to the warden of the mining district in which the lease is situated, showing the boundaries and dimensions in metres of those portions of the surface lying above the area comprised in the subterranean lease upon which he intends to carry out prospecting or mining operations and shall, if required by the warden, demarcate such portions by means of beacons as specified by Part I of the Fourth Schedule; and such portions may be varied from time to time by the lessee, provided they do not exceed; in the aggregate, the area permitted under section 50 of the Act.

PART V – GENERAL
37.
Returns and reports
(1)

The following prescribed returns and reports of operations shall be lodged as follows—

(a)

by every lessee, and every holder of a location, a special licence or an exclusive prospecting licence who is producing minerals, with the inspector of mines on or before the 14th day of each month, in Forms 22 and 23 in the First Schedule;

(b)

by every lessee, and every holder of a location, a special licence or an exclusive prospecting licence, with the Commissioner, in January and July of every year, a written statement setting forth—

(i) the name of the lessee or holder;
(ii) the date and number of the lease, location or licence;
(iii) any change which may have been made in the appointment of the attorney, and, in the case of a company, in the officers of the company, during the preceding six months;
(iv) any change of address of the lessee, holder, attorney or officers;
(v) the nature of the operations being conducted on the area of the lease, location or licence;
(vi) the average number of employees in the technical, executive, supervisory, skilled and unskilled categories employed on the area in mining or prospecting during the preceding six months;
(vii) the amount paid in wages to persons actually engaged in mining or prospecting operations on the area of the lease, location or licence, or in supervising such operations, during the preceding six months;
(viii) the nature and value of any machinery or plant brought on to or removed from the area since the previous return;
(ix) the kind, quantity and quality of minerals obtained during the preceding six months and the manner in which they have been disposed of;
(x) the particulars of any death or accidents which may have occurred amongst the employees during the preceding six months;
(xi) the amount expended in Kenya on account of mining or prospecting; and
(xii) any further particulars that the Commissioner may call for; and
(c)
(i) by every holder of a location, with the warden in whose office the location is registered, within seven days from the expiry of each period of six months commencing from the date of pegging or common renewal date, as the case may be, a statement of development in duplicate, in Form 14 in the First Schedule, certifying that the prescribed development has been duly performed, remitted or compounded for in accordance with regulation 25; and in the case of a lode location the statements shall be accompanied by sketch plans in duplicate illustrating the development effected during the period; and
(ii) by every lessee, with the Commissioner, a statement every twelve months, commencing from the date of the grant of the lease, certifying that the development required under regulation 36 has been duly effected; and in the case of a lode lease the statements shall be accompanied by plans illustrating the development effected.
(2)

The returns required by this regulation shall be signed and certified to be correct—

(a)

in the case of an individual lessee or holder resident in Kenya, by the lessee or holder;

(b)

in the case of an individual lessee or holder not so resident, or in the case of a company, body of persons or partnership having its head office out of Kenya, by the resident attorney of the lessee, holder, company, body of persons or partnership;

(c)

in the case of a company, body of persons or partnership having its head office in Kenya, by the manager or secretary of the company, body of persons or partnership.

38.
Payment of royalties

All royalties shall be payable on demand to the Commissioner, who may, if so requested and after payment has been made, issue a permit to export the mineral on which royalty has been paid; such export permit shall follow as closely as may be Form 24 in the First Schedule.

39.
Rates of royalties
(1)

Such royalties as the Minister may, from time to time by notice in the Gazette, prescribe shall be payable on minerals.

(2)

Within three months of the export of any minerals originating in Kenya, or within such extended time as the Commissioner may allow, a sales account in respect of such minerals shall be produced to the Commissioner, and any adjustments which may be necessary to ensure payment of the full amount of royalty due shall be made.

40.
Commissioner may refuse permit to export minerals

The Commissioner may refuse to issue a permit to export minerals unless and until the applicant for such permit has satisfied the Commissioner that—

(a)

the export will not, by reason of the proposed destination and the nature of the minerals to be exported, constitute a threat to the security of any country;

(b)

any precautions with regard to security and safety which the Commissioner considers necessary have been or will be taken;

(c)

the minerals to be exported conform to any specifications which on any of the documents relating to the export are claimed in respect thereof;

(d)

any moneys due to the Government in respect of such export have been paid:

Provided that any person aggrieved by the refusal of the Commissioner to issue an export permit on any of the grounds contained in this regulation may appeal from such refusal to the Minister, whose decision shall be final.

41.
Accounts

Every location holder, licensee or lessee shall keep, to the satisfaction of the Commissioner, proper books, records and accounts, showing the expenses incurred and the profits earned, and the Commissioner or any official authorised by him in writing shall have access at all times to such books, records and accounts, and shall be entitled to make extracts therefrom.

42.
Appointment of attorneys
(1)

Every lessee and every holder of a special licence, an exclusive prospecting licence or a location who is not resident in Kenya, or who intends to be temporarily absent from Kenya, shall appoint some person resident in Kenya as his attorney with full powers to represent him during his absence from Kenya, in all matters relating to his lease, licence or location.

(2)

When any company, body of persons or partnership whose registered or head office is outside Kenya is a lessee or a holder of a special licence, an exclusive prospecting licence or location, such company, body of persons or partnership shall at all times be represented by an attorney resident in Kenya and having full powers to represent such lessee or holder in all matters relating to such lease, licence or location.

(3)

Every lessee or holder who gives a power of attorney as required by subregulations (1) and (2) shall forthwith forward to the Commissioner a copy of such power of attorney, and shall likewise on the revocation or variation of such power of attorney forthwith forward a copy of any document effecting such revocation or variation.

43.
Fees

The fees set out in the Third Schedule shall be paid in respect of the matters and things specified in that Schedule.

44.
Registration
(1)

The Registrar of Mines shall keep a register of mining leases, special licences and exclusive prospecting licences and of documents assigning or transferring such leases or licences or any right, title or interest arising therefrom.

(2)

The Registrar of Mines shall file in the register a copy of every lease, special licence or exclusive prospecting licence.

(3)

A register of locations shall be kept in the Mines Office, and a return of all duplicate certificates of registration shall be sent monthly to the Registrar of Mines.

(4)

Any person desiring to apply for the registration of any document assigning, transferring, surrendering or in any way dealing with or affecting any mining lease, location, special licence or exclusive prospecting licence, or any right or interest under the same, shall send the original document, with a copy thereof and a copy of any plan attached to such document together with the prescribed fee, to the Registrar of Mines, with a request that the same shall be registered.

(5)

The Registrar of Mines having first satisfied himself that the copy of the original document and of the plan (if any) is correct, and that the requisite approval of the assignment, transfer, surrender or other transaction has been obtained, and that the document if liable to stamp duty has been duly stamped, shall endorse on the document over his signature the word “registered”, together with the date on which the document was presented for registration, and shall return the document so endorsed to the person who presented it for registration, and shall file the copy in the register.

(6)

The Registrar of Mines or Warden of Mines shall, when application is made together with payment of the prescribed fees, allow searches to be made in any register at all reasonable times, and shall supply copies or extracts from any entry in the register or of any documents or certificates issued under the Act.

SECOND SCHEDULE

[Rules 25(2) and 36(1).]

DEVELOPMENT
1.

Development work shall include shafts, drives, crosscuts, winzes, raisers, adits, boreholes, trenches and hand-auger holes.

2.

Development need not be done upon a lode, but it is requisite that it shall be done with a view to actual development of a lode and that it shall be new work and not the restoration or clearing of development work previously done or of earlier workings.

3.

Development returns shall be rendered in terms of development metres, and, subject to the provisions of paragraphs 4 and 5 of this Schedule, shall be calculated as set out hereunder.

(a)

Underground Work

(b)

Surface Work—

(i) Every fourteen cubic metres of trenching shall count as one development metre;
(ii) every three metres bored in a hand-auger hole below the first two metres shall count as one-third of a development metre.
(c)

Boreholes—

Subject to the provisions of paragraph 4 of this Schedule, every linear metre drilled shall count as one development metre.
4.

For the purpose of making the calculation referred to in paragraph 3 of this Schedule the following shall apply—

(a)

the depth of a shaft shall be the depth in metres below the natural surface of the ground;

(b)

the depth or height of inclined workings shall be measured on the incline;

(c)

the area of cross-section shall be measured at right-angles to the line of direction of the working.

5.

The following shall not count as development work—

(a)

any drive, cross-cut, winze, raise or adit having an area of cross-section of less than 1.5 square metres;

(b)

any shaft which has been sunk to a total incline or vertical depth of less than 6 metres from the surface level;

(c)

any borehole which is of less diameter than 22 millimetres;

(d)

any borehole which has been drilled to a total incline or vertical depth of less than 15 metres from the surface level;

(e)

any trench the depth of which is less than one metre;

(f)

any hand-auger hole sunk to a total depth of less than two metres below surface level.

THIRD SCHEDULE

[Rule 43, L.N. 154/1987, L.N. 46/1999, s. 2, L.N. 149/1999, L.N. 38/2014.]

FEES — GENERAL
ROYALTIES PRESCRIBED UNDER REGULATION 39(1) OF THE ABOVE REGULATIONS
[G.N. 448/1951.]

There shall be payable on all diamonds originating in Kenya an ad valorem royalty of fifteen per centum of the gross value thereof as assessed by an approved valuer appointed under the Diamond Industry Protection Regulations (Cap. 310, Sub. Leg.).

MINING (SAFETY) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Copy of Regulations to be kept in mine office.

General Precautions

4.

Fences.

5.

Loose material or articles near unprotected edges.

6.

Filling in or securing excavations.

Surface Protection

7.

Safety pillars to be left.

8.

Excavations contrary to regulations to be filled in.

9.

Construction of dam or catchment.

10.

Slimes dam.

11.

Prevention of flooding.

Opencast Workings

12.

No undercutting.

13.

High vertical faces prohibited in alluvial and other workings unless securely timbered.

14.

Angle of slope.

Underground Workings

15.

Roofing material for shafts, etc.

16.

Inflammable material.

17.

Surface drainage.

18.

Responsible person to be informed in case of danger.

19.

Dangerous workings to be made secure.

20.

Reserve of timber to be kept.

21.

Supporting roof and sides.

22.

Workings approaching water or gas, and approaching workings.

23.

Safety pillars at mine boundaries.

24.

Sand filling.

25.

Distance between shafts.

26.

Notice must be given of reopening workings.

Winding and Hauling

General

27.

Banksman and cage tender.

28.

Quality of winding ropes.

29.

Connection between rope and conveyance.

30.

Securing of materials during winding.

31.

Sinking shaft conveyance; amount of filling allowed.

32.

Protection of workmen at shaft bottom.

33.

Winding by hand.

34.

Winding by power.

35.

Guides for conveyances in shafts.

36.

Shaft conveyance to be stopped before reaching bottom.

37.

Winding prohibited during repairs.

38.

Shaft signals required.

39.

Restrictions concerning signals.

40.

Code of signals.

41.

Signal for hoisting men.

42.

Special signals; signals to be advertised.

43.

Blasting signal in shaft sinking.

43.

Blasting signal in shaft sinking.

Raising or Lowering Persons by Mechanical Power

44.

Winding of persons, permission required.

45.

Regulations where winding of persons is permitted.

46.

Savings for certain persons.

Underground Tramways

47.

Signalling apparatus and refuges to be provided.

Travelling and Ladder Ways

48.

Ladders and ways of exit.

49.

Second outlet from mine may be necessary.

50.

Where single shaft allowed, proper ladder way to be provided.

51.

Ladders and travelling ways to be bratticed or fenced.

52.

Workmen not to cross shaft.

53.

Entering winding compartment prohibited.

54.

Provisions as to ladder ways.

55.

Construction and fastening of ladders.

56.

Carrying tools or loose materials in ladder ways prohibited.

Ventilation and Sanitation, etc.

57.

Ventilation of underground workings.

58.

Disused workings to be examined before being used.

59.

Sanitary conveniences.

60.

Wooden conveniences underground prohibited.

Lighting

61.

Stationary lights to be used at all stations.

62.

Working parts of machinery to be well lighted.

63.

Light to be carried underground.

Workmen

64.

Employment underground.

65.

Record of all employees must be kept.

66.

Drunken persons, etc., not allowed near mine.

67.

Forbidden articles.

68.

Hard hats.

69.

Hoist drivers.

70.

Medical examination.

71.

Licensing of hoist drivers.

Explosives

Storage and Transport of Explosives

72.

Storage and transport on the surface.

73.

Storage of more than 50 kg. underground.

74.

Storage of less than 50 kg. underground.

75.

Transporting detonators with other explosives forbidden.

76.

Notice to engine driver.

77.

Conveyance of explosives in shaft.

78.

Precautions in carrying explosives.

General Precautions

79.

Calcium carbide.

80.

Lights and smoking.

81.

Disposal on mine closing down.

82.

Temporary charge.

83.

Unauthorised removal or possession.

Blasting Certificates

84.

Blasting certificate necessary.

85.

Miner’s blasting certificate.

86.

Application for miner’s blasting certificate.

87.

Provisional blasting certificates.

88.

Suspension or cancellation of blasting certificates.

89.

Certificate to be retained by manager or mine captain.

Blasting Operations

90.

Operations may be restricted.

91.

Large gangs must be divided.

92.

Responsibilities of ganger or miner in charge.

93.

Dust and fumes.

94.

Ganger must be first to enter working place.

95.

Scaling down before starting to drill. Face must be carefully examined for misfires.

96.

Misfires.

97.

Plugs.

98.

Misfires.

99.

Position and direction of holes.

100.

Deepening of holes forbidden.

101.

Tools to be removed.

102.

Preparing and firing charges.

103.

Cartridges.

104.

Withdrawal of explosives forbidden.

105.

Attachment of detonator to fuse.

106.

Detonators and fuse attachment to primer.

107.

Time for charging holes.

108.

Charging stick – forbidden materials.

109.

Tamping.

110.

Charged holes.

111.

Giving warning.

112.

Ignition of fuses.

113.

Counting shots.

114.

Suspected misfire must be reported.

115.

Precautions against removal of explosives.

116.

Ganger not holding blasting certificate to take precautions for safety.

117.

Frozen explosives.

118.

Electric shot firing.

119.

Source of electricity.

120.

Electric shot firing – additional responsibilities.

121.

Loose wires.

Machinery

122.

Installation and repair of plant.

123.

Boilers, etc., to be in good condition.

124.

Safety precautions.

125.

Friction clutches or similar contrivances to be provided.

126.

Boilers and air receivers, etc., to be fitted with gauges and safety valves, and testing thereof; oil drains.

127.

Pressure tests and tests for leakage.

128.

Supply of pure air for compressor.

129.

Exhaust steam underground.

130.

Electrical machinery and conductors to be protected.

131.

Electric Power Act to be complied with.

132.

Inspection of plant.

133.

No admittance to works.

Poisonous Solutions and Fumes

134.

Storage of poisons.

135.

Drinking water.

136.

Precautions for poisonous and injurious solutions.

137.

Removal of fumes.

138.

Mercury vapour.

139.

Use of gloves.

Mines Plans

140.

Plans to be kept and signed and dated.

141.

Large plans may be made in two or more parts.

142.

Measurements.

143.

Limits of error.

144.

Origin of co-ordinates.

145.

Exemptions.

146.

Copies of plans to be deposited with Commissioner.

147.

Plans confidential.

148.

Check survey.

149.

Procedure on closing down.

150.

Saving.

Procedure in Case of Accident

151.

Certain accidents to be reported.

First Aid

152.

Minimum requirements.

153.

Full requirements.

154.

Cyanide antidote.

Responsibility

155.

Manager to control working, and provide for safety and discipline.

156.

Responsibility of manager.

157.

Owner responsible for refusing manager necessary means.

158.

Manager responsible for accident occurring with incompetent workmen.

159.

Each working place to be visited once a shift.

Appointment of mine Officials

160.

Mine not to be worked without properly appointed manager.

161.

Mine captain.

162.

Surveyor.

163.

All appointments to be notified within 14 days.

Powers of Officials

164.

Exemptions may be given.

165.

Government mining engineer.

166.

Summary powers of inspector of mines.

SCHEDULES

FIRST SCHEDULE —

MINER’S BLASTING CERTIFICATE

SECOND SCHEDULE —

PROVISIONAL BLASTING CERTIFICATE

MINING (SAFETY) REGULATIONS
[Cap. 168 (1948), Sub. Leg. G.N. 576/1954, L.N. 603/1961, L.N. 142/1963, L.N. 587/1963, L.N. 275/1967.]
1.
Citation

These Regulations may be cited as the Mining (Safety) Regulations.

2.
Interpretation

In these Regulations, except where the context otherwise requires—

“adit” means a tunnel having an inclination of less than three degrees from the horizontal driven from the surface into higher ground;

“banksman” means a person who is appointed by the manager to be stationed at the shaft top to supervise the loading and unloading of persons and materials in the cage, bucket or other shaft conveyance, and to give the necessary signals to the engine driver;

“boiler” means any apparatus adapted to convert continuously by the application of heat any liquid into steam, vapour or gas at a higher pressure than that of the atmosphere, together with all fittings and appurtenances, including superheaters and economisers;

“cage tender” means a person appointed by the manager to have charge of the cage, bucket or other shaft conveyance underground in which persons or material are being raised or lowered, and to give the necessary signals to the engine driver and banksman;

“engine” means an arrangement of machinery which converts physical into mechanical power;

“explosives” means nitro-glycerine, dynamite or any other nitro-glycerine compound, gun-cotton, blasting power and detonators, and every other substance (whether similar to those mentioned or not) used in mining operations with a view to producing a practical effect by explosion;

“ganger” means a person in charge of workmen in one or more working places in or on a mine, whether he is the holder of a blasting certificate or not;

“inspector of mines” means an officer appointed as an inspector of mines under section 9 of the Act;

“manager” means the person registered as responsible under these Regulations for the control, management and direction of a mine:

Provided that, should there at any time be no registered manager, then for the purposes of these Regulations the owner shall be deemed to be the manager;

“mine captain” or “underground manager” means the person in charge of underground workings of a mine acting under the direction of the manager;

“mine shift boss” means any person in charge of a shift in any underground working of a mine acting under the instruction of a mine captain;

“misfire” or “misfired hole” means a hole in which explosive has failed to explode;

“owner” means any person who is the immediate holder or lessee of a mine or the registered holder of a mining location or the holder of a special licence or an exclusive prospecting licence, and, in the case of registered or incorporated companies, includes every director or representative of the company in Kenya, and in the case of an unincorporated body of persons includes every member of that body in Kenya;

“raise” or “rise” means a heading excavated in an upward direction;

“safety pillar” means every portion of a mineral deposit or country rock left in situ for the support and protection of the surface, objects thereon and underground workings;

“shaft” means a heading excavated downwards of greater inclination than three degrees from the horizontal;

“shaft conveyance” includes cage, skip, bucket or other means of shaft conveyance;

“socket” means a hole or part of a hole which remains after being charged with explosive and blasted and which is not known to be a misfired hole;

“steeply inclined” in connection with shafts or winzes or other underground excavations means an inclination to the horizontal of more than 45 degrees;

“stope” means a working in which a section or block of ore or waste which is being or has been opened up by means of levels and their connections is being or has been removed;

“surveyor” means the person registered as responsible under these Regulations for the upkeep of mine plans and for the accurate survey of the workings;

“winze” means a heading excavated in a downward direction of a greater inclination than three degrees from the horizontal from an interior working;

“workings” means all excavated and open portions of a mine.

3.
Copy of Regulations to be kept in mine office

A copy of these Regulations shall be kept in the office of every mine, and every ganger and every mine official appointed under these Regulations on a mine shall have in his possession a copy of these Regulations, and shall sign a statement to the manager to the effect that he has read them.

General Precautions

4.
Fences
(1)

Where necessary for the prevention of danger to workmen or to other persons, the following shall be securely fenced or otherwise protected to the satisfaction of an inspector of mines—

(a)

temporarily disused excavations;

(b)

the mouth of every shaft, winze or pit and the entrance to every underground working, whether above or below ground;

(c)

any places where mining operations have caused or are likely to cause subsidences of the surface;

(d)

every elevated and exposed platform or gangway; and

(e)

all exposed machinery which when in motion may be dangerous to persons.

(2)

At any place where a winze or raise or chute leads directly into a travelling way, such way, and also any working place situated on its lower or dip side, shall be securely fenced or otherwise protected so that persons working therein are protected against the danger of falling stones or materials:

Provided that such fences may under proper precautions be temporarily removed for the purpose of repair or other necessary operation.

5.
Loose material or articles near unprotected edges
(1)

No excavated material, tools, wood or loose articles of any kind shall be allowed to lie dangerously near the unprotected edge of any excavation.

(2)

The ground or other material excavated from every trench shall be disposed so as to form ridges of approximately equal height at the sides and ends of the trench.

6.
Filling in or securing excavations
(1)

Disused excavations shall be filled or otherwise rendered safe to the satisfaction of the Commissioner.

(2)

Failing compliance with subregulation (1), the Commissioner may cause such disused excavations to be filled or fenced to his satisfaction at the expense of the owner.

Surface Protection

7.
Safety pillars to be left
(1)

Safety pillars shall be left for the protection of ground and any surface objects which it is necessary to protect in the interests of personal safety or public traffic; the size, shape and position of such pillars shall be subject to the approval of an inspector of mines.

(2)

Permission for the entire or partial excavation of ground beneath such surface objects may be given by an inspector of mines to such extent and under such precautions as he may prescribe in each separate case.

8.
Excavations contrary to regulations to be filled in

All excavations made contrary to regulation 7 shall be immediately filled with loose rock, debris or earth by the persons responsible for such excavations, failing which they shall be filled by Government at the expense of the owner of the mine.

9.
Construction of dam or catchment

No person shall construct any catchment area or dam or any other construction for the purpose of conserving water, or any cyanide plant, unless he has submitted to the Government mining engineer plans and specifications giving full details of the proposed construction and has obtained the approval of the Government mining engineer to such construction.

10.
Slimes dam

Any slimes dam in the neighbourhood of any building, thoroughfare, public road or railway shall be so constructed as not to endanger the safety of any person or to cause damage to property.

11.
Prevention of flooding

The manager shall provide for an adequate watch to be kept on all artificial constructions on his mine for conserving water or working which may cause water to converge or accumulate, and shall give notice without delay to the managers, or their representatives, of all mines or workings situated below such construction of any possibility of flooding by reason of such construction.

Opencast Workings

12.
No undercutting

In opencast workings, no undercutting shall be allowed unless suitable support is provided for the material undercut.

13.
High vertical faces prohibited in alluvial and other workings unless securely timbered

In the opencast working of alluvial or of soil, soft rock, gravel, clay, tailings, slimes, ashes, debris or other weak ground, no vertical face, unless securely timbered, shall have a height of more than two and a half metres, but such unsupported open face shall be worked in terraces or at a safe angle of slope.

14.
Angle of slope

An inspector of mines may determine from time to time the angle of slope to be maintained on any mine workings to ensure the safety thereof, and in such case shall give notice in writing to the manager of the angle of slope to be maintained.

Underground Workings

15.
Roofing material for shafts, etc.

No inflammable roofing material such as thatch or wood shall be used as roof covering on shelters erected over the mouths of shafts or other deep workings.

16.
Inflammable material
(1)

No inflammable debris or refuse shall be stored, dumped or allowed to accumulate underground in any mine.

(2)

No naked lights shall be so placed that there is any risk of their igniting any wood, timber or other material underground in a mine.

17.
Surface drainage

The manager shall take all reasonable precautions against the flooding of any workings in which men are employed.

18.
Responsible person to be informed in case of danger
(1)

Should any person have reason to believe that any part of a working place or any other part of a mine is in a dangerous condition, he shall at once inform the ganger or the mine shift boss or mine captain or the mine manager.

(2)

The mine official so informed shall take the necessary steps to remove the danger; and such information shall be passed on to a responsible person on the oncoming shift.

19.
Dangerous workings to be made secure
(1)

Where the ground is not naturally safe, every working shaft, pumping shaft, travelling way, airway, working place, stope and underground passage shall be made secure, and kept in safe condition so long as it is in actual use.

(2)

No person shall enter any such place as is referred to in subregulation (1) until it has been made secure, except for the purpose of repairing or exploring such place.

(3)

The ganger or miner in charge of working parties carrying out such repairs or exploration shall take all reasonable precautions that the persons under his charge are secured against falls of rock and other dangers whilst performing such work, and shall be responsible for seeing that all exists are in good repair.

20.
Reserve of timber to be kept

For every working place where the ground is not naturally safe a sufficient reserve of suitable timber shall be so placed as to be readily accessible.

21.
Supporting roof and sides

If an inspector of mines considers that the system of supporting the roof and sides adopted in any underground working is unsafe, he may require the manager to fix some less distance between the supports or otherwise alter the system.

22.
Workings approaching water or gas and approaching workings
(1)

When any working approaches a place which is likely to contain a dangerous accumulation of water or noxious gases, boreholes shall be kept at least one and a half metres in advance of the drilling face of the said working, and any such additional precautions shall be taken as may be deemed necessary to obviate the danger of a sudden influx of such water or gases, and such working shall not exceed two metres in width.

(2)

When the distance between approaching workings in either of which blasting is being done becomes reduced to ten metres, work at one of the faces shall be stopped.

(3)

In mines where a surveyor has been appointed, the surveyor shall exercise supervision at such working face and shall be responsible for informing the manager when the conditions set forth in subregulations (1) and (2) occur.

23.
Safety pillars at mine boundaries
(1)

No underground working shall approach to within ten metres of the outside boundary of a mine.

(2)

On the joint application of the owners of adjoining mines, an inspector of mines may give permission to either party to reduce, cut through or work their respective pillars between such mines.

(3)

In the absence of such joint application, the Commissioner shall have power to give written permission for the partial working, reducing or cutting through of such pillars.

24.
Sand filling

When sand is used for filling worked-out areas underground, the moisture content in such sand and the liquid draining therefrom shall not have a higher cyanide content than 0.005 per cent expressed as cyanide of potassium.

25.
Distance between shafts

No shaft shall be sunk within ten metres of any other shaft without the written permission of an inspector of mines.

26.
Notice must be given of reopening workings

Written notice shall be given by the manager to an inspector of mines when work is to be started for the purpose of reopening an abandoned mine or part of a mine.

Winding and Hauling

General

27.
Banksman and cage tender
(1)

There shall be a banksman in charge of the landing and dispatching of shaft conveyances at or from the surface.

(2)

There shall be a cage tender in charge of the shaft conveyance during the time while it is in operation in the shaft.

28.
Quality of winding ropes
(1)

Ropes used for winding and hauling purposes shall be in good condition and of good quality and manufacture.

(2)

Every rope used for winding purposes in shafts and winzes shall be made of steel wire, and the wires used in the construction of the ropes shall be of size suitable for use with the sheaves and drums fitted.

29.
Connection between rope and conveyance

The connection between rope and shaft conveyance must be of such a nature that no accidental disconnection can take place.

30.
Securing of materials during winding

When tools or materials are to be lowered or hoisted in a shaft conveyance, they shall be so loaded or secured in place that the ends cannot project beyond the sides of the shaft conveyance, and if the ends of such tools or materials project above the top of the shaft conveyance they shall be securely fastened to the winding rope.

31.
Sinking shaft conveyance; amount of filling allowed
(1)

In sinking a shaft or winze, the shaft conveyance shall not be so filled as to cause danger of spilling.

(2)

Before the bucket or similar shaft conveyance leaves the top or bottom of the shaft or winze, it shall be steadied under the supervision of the banksman or cage tender.

32.
Protection of workmen at shaft bottom
(1)

Where a shaft is being sunk to a greater depth than 30 metres, suitable protection shall be provided for men working at the bottom of the shaft during the winding of rock, materials or water, such protection being not more than 30 metres from the shaft bottom.

(2)

While ordinary winding is going on, men employed at the bottom of any shaft or winze shall be securely protected by a cover overhead.

33.
Winding by hand
(1)

Windlasses in use in shafts and winzes shall be provided with stoppers, pawls or other reliable holders; and care shall be taken that the attaching or releasing of buckets or other shaft conveyances is done without danger to workmen.

(2)

Ropes shall have at least four turns round the drum of every windlass when the bucket or shaft conveyance is at the lowest part of the shaft or winze; where only one bucket or shaft conveyance is in use, one end of the rope shall, in addition, be securely fastened to the drum.

(3)

When lowering or raising persons by windlass, there shall not be less than four men controlling the handles.

(4)

When lowering or raising persons by windlass, there shall be provided a substantial fibre rope traversing the whole length of that part of the shaft in which men are being raised or lowered, and so situated that any person riding in the shaft conveyance can at all times reach such rope.

34.
Winding by power

Where winding is effected by means of an engine or a mechanical or electrical hoist—

(a)

an adequate brake of a type approved by the Government mining engineer shall be attached to every drum and kept in proper working order; such brake shall be so arranged that, whether or not the engine is working, it can be easily and safely manipulated by the engine driver when standing at the levers controlling the engine, and it shall be capable of maintaining such winding drum unclutched from the engine in a position of rest with no more slipping than thirty centimetres when bearing double its full working load;

(b)

brake blocks and all other necessary spare parts shall always be kept in stock at the mine;

(c)

an inspector of mines shall at all times have the power to order or conduct a test of the efficiency of all brakes;

(d)

winding engines or mechanical hoists in which the drum is driven by means of a dog-clutch shall be fitted with some device for locking the said clutch in the engaged position; and such device shall at all times be employed to prevent the accidental disengagement of the clutch;

(e)

lowering men or materials from an unclutched drum is prohibited;

(f)

a machinery record book shall be kept in which shall be entered particulars of the said hoist and of all repairs and alterations thereto, together with a description of the materials used, and all relevant dates.

35.
Guides for conveyances in shafts
(1)

All vertical shafts in which mechanical hoisting is employed shall be equipped with steel or timber sets and, except where the haulage compartment is completely and suitably lined with timber, with guides down to a point not more than 15 metres from the shaft bottom, except with the written permission of an inspector of mines.

(2)

If a bucket or similar conveyance is used in a vertical shaft which is equipped with guides and in which mechanical hoisting is employed, it shall be provided with a crosshead sliding up and down the guides, and the stops upon which the crosshead comes to rest at the bottom of its travel shall not be higher than the lowest set but one in the shaft.

(3)

Where a crosshead is used in a shaft or winze in conjunction with a bucket or other shaft conveyance, some mechanical device shall be employed to prevent the crosshead from being left behind accidentally when the bucket or other shaft conveyance is descending:

Provided that the Government mining engineer may grant written exemption from the conditions of this paragraph under such conditions as he may consider desirable.

36.
Shaft conveyance to be stopped before reaching bottom

In no case shall any shaft conveyance be lowered directly to the bottom of a shaft when men are working there, but it shall be stopped at least 5 metres above the bottom until the signal to lower further has been given by one of the sinkers thereat:

Provided that this regulation shall not apply to shafts which are less than 15 metres in depth.

37.
Winding prohibited during repairs

No winding shall be permitted while repairing or maintenance work in the winding compartment is being carried out, except the minimum winding necessary for such repairs; but this regulation shall not be deemed to prohibit persons from working below the lowest point from which winding is taking place, provided such persons are securely protected.

38.
Shaft signals required

Every winding shaft or winze shall be provided with some efficient means of interchanging distinct and definite signals between the winding apparatus and all working places and stations in it:

Provided that this provision shall not apply to the bottom of shafts while they are being sunk, in which case a simple bell-pull may be used.

39.
Restrictions concerning signals
(1)

The engine driver is prohibited from starting his engine before he has received a distinct signal.

(2)

No person other than a banksman or cage tender or a person authorised by the manager shall give a signal, other than the accident signal; and no cage tender shall give a signal other than the accident signal unless the shaft conveyance is at his station, or unless he is in the shaft conveyance.

(3)

Special instructions shall be issued by the manager forbidding access to signal wires to any person other than those authorised to use them; and care shall be taken to guard against the signal wires being accidentally put into operation.

40.
Code of signals

In signalling the following shaft signals shall be used:

Knocks or rings or flashes of a lamp

1

— Raise, when engine or windlass is at rest.

1

— Stop, when engine or windlass is in motion.

2

— Lower.

3

— Men about to ascend or descend.

3

— In reply, from the engine driver: Men may enter cage or other conveyance.

10

— Accident signal.

5

— Repeated three times: Blasting.

41.
Signal for hoisting men
(1)

In shafts where an interchange of signals between the surface and working places or stations is possible, no person shall enter a shaft conveyance until the back signal “3” has been received.

(2)

After receiving the signal “3” signifying that men are about to ascend or descend, the engine driver shall wait for at least ten seconds on receipt of the signal “1” or “2” before starting his engine.

(3)

No engine driver shall act on any signal if he has been unable to do so within sixty seconds after receiving it, in which case he shall await a fresh signal.

42.
Special signals; signals to be advertised
(1)

Special signals in addition to the above may be used at any mine, provided they are easily distinguishable from the foregoing code and do not interfere with it in any way, and are first approved by an inspector of mines.

(2)

The code of signals specified in regulation 40, as well as any special signals that may be in use on a mine, shall be painted on a board or enamelled plate, measuring not less than 50 centimetres by 50 centimetres, in the form of a distinctly legible notice in English and in Kiswahili, and shall be posted up in the engine room, at the top of the shaft, and at all shaft stations for the time being in use.

43.
Blasting signal in shaft sinking
(1)

In shaft-sinking, special care must be taken that the engine driver is notified by the blasting signal when blasting is about to take place.

(2)

On receipt of the signal he shall raise the bucket or shaft conveyance a short distance and then lower it back to its original position in readiness to hoist away on receipt of the signal to raise.

Raising or Lowering Persons by Mechanical Power

44.
Winding of persons, permission required
(1)

No winding plant shall be used for the raising or lowering of persons unless the special written permission of an inspector of mines has been granted; such permit shall state the maximum number of persons to be raised or lowered at any one time, and the maximum speed of winding, and under no circumstances when men are being raised or lowered shall the speed of winding or the number of persons carried be in excess of that laid down in the said written permission.

Conditions of permission

(2)

Such permission shall not be granted unless the following special conditions are observed—

(a)

by actual test it shall be proved to the satisfaction of an inspector of mines—

Winding engine to be easily manipulated

(i) that the winding engine running at various speeds with light and heavy loads can be readily retarded and stopped, and after stopping can be immediately started again in either direction by the engine driver;

Winding engine capacity

(ii) that the winding engine can lift from the bottom to the top of the shaft the maximum unbalanced load on one drum;

Efficiency of brake

(iii) that the brakes comply with the requirements of paragraph (a) of regulation 34; and

Rope slip on drum

(iv) that in the case of a hoist where no part of the rope is rigidly fixed to the drum, there can be no dangerous slipping of the rope on the drum under any possible working condition;

Winding ropes; factor of safety

(b)
(i) no winding rope shall be used for raising or lowering persons if its breaking strain is or has become reduced to below six times the maximum working load; the working load includes the weight of rope in the shaft when at the lowest working point;
(ii) in no case shall a spliced winding rope be used;

Winding ropes; sample to be supplied to inspector of mines

(c)

at the request of an inspector of mines, an adequate sample from the end of any winding rope shall be supplied to him, also such data as may be required regarding manufacture, dimensions and class of steel;

Winding ropes and connections to be tested before use for winding persons

(d)

winding ropes newly put on, and also connecting attachments between the ropes and the shaft conveyance, shall be carefully examined and properly tested as to their working strength by some competent and reliable person authorised for that purpose by the manager, and shall be used for the ordinary transport of persons only after having run two complete trips up and down the working portion of the shaft or winze under full load; the result of the above examination shall be immediately recorded in the machinery record book;

Minimum amount of rope allowed on drums

(e)

there shall be not less than three rounds of rope upon the drum when the shaft conveyance is at the lowest point of the shaft from which hoisting is being conducted;

Attachment of rope to drums

(f)

the end of the rope shall, unless it is attached to a balancing load, be properly fastened to the drum in a manner approved by an inspector of mines;

Flanges or other appliances or drums to prevent slipping

(g)

there shall be on the drum of the winding engine such flanges or horns, and also, if the drum is conical or spiral, such other appliances, as may be sufficient to prevent the rope from slipping laterally;

Doors required for cages

(h)

cage entrances shall be fitted with doors or bars so as to prevent any person riding therein from accidentally coming into contact with the timbering or sides of the shaft, and such doors or bars shall be constructed in such manner that they cannot open accidentally;

Covers and safety catches, required

(i)

shaft conveyances used in vertical or steeply inclined shafts shall, wherever possible, be fitted with a proper roof or cover and with safety catches;

Reliable depth indicator necessary

(j)

when it is considered necessary by an inspector of mines, every engine used in raising or lowering persons shall be provided with a reliable depth indicator (in addition to any marks on the rope) which will clearly and accurately show to the engine driver on his driving seat the position of the conveyance in the shaft at all times, and which, in shafts exceeding 100 metres in depth, will ring a bell in the engine room when the conveyance is 20 metres from the top landing place;

Indicator to show places needing reduction of speed

(k)

the position of every place in a shaft where it is necessary to reduce winding speed shall be clearly marked on the depth indicator;

Speed indicator may be required

(l)

a reliable speed indicator shall be attached to the winding engine if considered necessary by an inspector of mines;

Provision against over-winding

(m)

an automatic device approved by an inspector of mines to prevent overwinding of shaft conveyances shall be provided at every winding shaft

or winding engine where the speed of winding is in excess of 80 metres per minute; and

Height of headgear and clearance necessary

(n)

the headgear shall be so constructed that the shaft conveyance can be raised 8 metres above its highest landing position without striking any obstruction.

45.
Regulations where winding of persons is permitted

Where winding in shafts in accordance with regulation 44 is permitted, the following provisions shall, save as hereinafter mentioned, be strictly observed—

Examinations to be made

(a)

at least one competent person, specially deputed by the manager for the purpose, whose name or names must be entered by him in the machinery record book, shall carefully examine—

Weekly examination

(i) at least once a week, the guides and the winding compartments generally, the signalling apparatus and the external parts of the winding engine, the aerial gear, the winding ropes and their attachment to the shaft conveyances and to the drums of the hoist, the brakes, the depth indicators, the cages and their safety catches, the buckets or other shaft conveyances, the sheave wheels and every essential external part of the winding arrangements;

Monthly examination

(ii) at least once a month, the structure of the rope, for the purpose of ascertaining the amount of the deterioration of the same; for the purpose of this examination the rope must be carefully cleaned and measured at selected places;

Yearly examination

(iii) at least once a year, the winding engine as to the working condition of the internal parts;

Any defects to be made good before persons lowered or raised

(b)

should, as a result examination, any weakness or defect be discovered by which life or limb might be endangered, the defect shall be immediately reported to the manager and remedied, and no person shall be lowered or raised until the defect is made good;

Machinery record book to be kept

(c)

the result of every such examination shall be recorded without delay in the machinery record book, and shall be signed by the person who made the examination;

Spare rope to be kept

(d)

at least one spare rope as described in regulation 28 and paragraph (b) of subregulation (2) of regulation 44 shall always be kept in reserve ready for use;

No riding on partly loaded conveyances

(e)

no persons shall be allowed to ascend or descend a shaft or winze on the side or bow of a skip or in or on a loaded or partly loaded cage, bucket or other shaft conveyance:

Provided that the mine captain may authorise the carrying of tools or other materials in small quantities with men in a shaft conveyance, and that a cage tender may travel with materials in a cage;

No changing of position

(f)

no person travelling in a shaft conveyance shall change his position therein whilst being raised or lowered;

Conveyance to run complete trip after stoppage

(g)

after any stoppage of winding for repairs exceeding two hours, each shaft conveyance shall, before any person is allowed to ride therein, be run at least one complete trip up and down the working portion of the shaft or winze with a view to ensuring that everything is in good working order;

Special duties of banksmen and cage tenders

(h)

at every shaft head or shaft station in which persons are regularly allowed to ride, the banksmen and cage tenders shall be responsible for the observance of paragraphs (e) and (g), for the giving of correct signals, for seeing that the number of persons carried at any one time does not exceed that authorised by an inspector of mines and for the proper closing of the doors or bars of the cages; and

Entering engine house or distracting the attention of engine driver prohibited

(i)

no person other than the driver of the winding engine or an inspector of mines shall at any time enter or remain in a winding engine house or shed while winding is in progress unless authorised to do so by the manager for the purpose of carrying out repairs, adjustments or inspection, and no person shall speak to or in any way distract the attention of the person operating a winding engine while it is in motion.

46.
Savings for certain persons

Notwithstanding the provisions of regulation 45, persons in charge of underground work, persons engaged in examining a shaft, shaft-sinkers and workmen engaged in repairing a shaft may be raised or lowered in a shaft—

(a)

on or in a partly loaded shaft conveyance;

(b)

by means of winding plant not permitted under regulation 44 of these Regulations to raise or lower persons.

Underground Tramways

47.
Signalling apparatus and refuges to be provided

The following provisions shall apply to underground tramways—

(a)

a signalling apparatus shall be provided by which distinct signals can be given from any part of the tramway—

(i) to the engine driver if the tramway is operated by machinery;
(ii) to the brake operator if the tramway is operated by gravity and exceeds 45 metres in length.
(b)

where persons are allowed to travel along a tramway operated by gravity or by machinery, places of refuge shall be provided at intervals of not more than fifteen metres if there is not ample room for a person to stand between the moving trucks and the wall; and every place of refuge shall at all times be kept clear of obstruction.

Travelling and Ladder Ways

48.
Ladders and ways of exit

The mine manager shall provide and maintain to the satisfaction of an inspector of mines such ladder or other ways as will furnish effectual means of exit from all underground workings without the assistance of winding machinery.

49.
Second outlet from mine may be necessary

Where in any working served by only one shaft it appears to an inspector of mines that a second outlet has become necessary, either for the safety of the workmen employed or for proper ventilation, the manager shall on being required to do so provide such second outlet.

50.
Where single shaft allowed, proper ladder way to be provided

Where any single shaft exceeding thirty metres in depth is allowed to form the only means of ingress and egress to the persons other than shaft-sinkers employed underground, such shaft shall be provided with a separate compartment or ladder way for foot travelling.

51.
Ladders and travelling ways to be bratticed or fenced
(1)

In vertical or steeply inclined shafts where one compartment is used as a ladder way, it shall be securely bratticed from the other compartments; in all other shafts any ladder or foot travelling way shall be adequately fenced so as to prevent any person from inadvertently entering the winding compartment:

Provided that, when a shaft is being sunk, no brattice shall be installed between the lowest working level and the shaft bottom.

(2)

All brattices shall be of material which is not readily inflammable.

52.
Workmen not to cross shaft

At every station in a vertical shaft where it is necessary for workmen to pass from one side of the shaft to another provision shall be made for them to do so without entering or crossing a winding compartment; such passage shall be securely protected from moving parts of machinery.

53.
Entering winding compartment prohibited
(1)

Entering a winding compartment of a vertical shaft is prohibited except for the purpose of ascending or descending by means of a shaft conveyance, or for the purposes of inspection, maintenance or repairs.

(2)

This regulation shall not apply to persons employed in timbering vertical shafts whilst sinking operations are in progress.

54.
Provisions as to ladder ways
(1)

In ladder ways exceeding fifteen metres in depth platforms or resting places shall be provided at intervals not exceeding ten metres.

(2)

Every ladder shall be so erected that it covers the manhole below it, except in the case of shafts in which no three consecutive manholes are in the same straight line.

(3)

The top of every ladder shall, wherever possible, project at least one metre above the platform, resting place or other surface to which it gives access, except where strong handrails are so placed as to make such projection of the ladder unnecessary.

55.
Construction and fastening of ladders
(1)

Every ladder in a mine shall be—

(a)

of strong construction;

(b)

securely fastened to the timbering or walls of the shaft, winze or stope; and

(c)

maintained in good repair.

(2)

Such ladders shall be constructed of wood or iron where possible, but where they are in danger of damage from blasting, chain or wire-rope ladders shall be used; in shafts or winzes such chain or wire-rope ladders shall extend to the bottom of the shaft or winze.

56.
Carrying tools or loose materials in ladder ways prohibited

Carrying tools or any loose materials up or down the ladder ways in vertical or steeply inclined shafts or winzes is prohibited, except where absolutely necessary.

Ventilation and Sanitation, etc.

57.
Ventilation of underground workings

All parts of every underground working shall be properly and sufficiently ventilated to the satisfaction of an inspector of mines.

58.
Disused workings to be examined before being used

Underground workings, especially shafts, sumps and winzes, which have been in disuse for some time shall be tested with a candle flame by a party of not less than three persons before being used again, in order to ascertain whether or not foul air or other dangerous gases have accumulated there; until such places are fit to work in they shall be fenced or otherwise made inaccessible and no person shall be allowed to enter.

59.
Sanitary conveniences

On the surface, and also in underground workings, there shall be provided sufficient and suitable sanitary conveniences, regard being had to the number of persons employed in the mine.

60.
Wooden conveniences underground prohibited

No wood shall be used in the construction of sanitary conveniences underground.

Lighting

61.
Stationary lights to be used at all stations
(1)

Adequate stationery lights shall be provided during working hours at all stations in vertical and inclined shafts and at all stopping places in levels where winding or hauling is effected and at night at all working places on the surface.

(2)

The unauthorised removal of any such light shall constitute an offence.

62.
Working parts of machinery to be well lighted

All places where winding, pumping or other machinery is erected and in proximity to which persons are working and moving about, and which are not fenced in such a way that it is impossible for anyone to come inadvertently in contact with the machinery, shall be so lighted whilst the machinery is in operation that the moving parts of such machinery can be clearly distinguished.

63.
Light to be carried underground

No person shall move about in any unillumated part of a mine without a light.

Workmen

64.
Employment underground
(1)

No female of any age shall be employed on underground work in any mine, except as prescribed in section 10 of the Employment of Women, Young Persons and Children Act (Cap. 227).

(2)

No male under the age of sixteen years shall be employed either underground or on the surface of any mine.

65.
Record of all employees must be kept

A register or other sufficient record of all persons employed in or about the mine shall be kept to the satisfaction of an inspector of mines at the office of every mine.

66.
Drunken persons, etc., not allowed near mine

If any person who is under the influence of alcohol or drugs, or who owing to the loss of a limb or other physical disability or through any other cause is likely to be incapable of taking care of himself or of persons under his charge, enters a mine or is in proximity to any working place on the surface or to any machinery in motion within any mining property, he shall be guilty of an offence, and any person who permits any such person to enter a mine or to be in proximity to any working place on the surface or to any machinery in motion within any mining property shall be guilty of an offence:

Provided that an inspector of mines may grant written permission to any such person to enter a mine or mining property on such conditions as he may specify, which permission may at any time be withdrawn.

67.
Forbidden articles

No person shall have in his possession in any mine or any place of work at a mine any dangerous weapon, glass bottle, intoxicating liquor or drug except with the special permission of the manager.

68.
Hard hats
(1)

Every person while in a vertical or steeply inclined shaft or in a winze, rise or stope shall wear a hard hat of a type approved by an inspector of mines, unless otherwise authorised by him in writing.

(2)

Such hat shall be provided by the management free of cost.

69.
Hoist drivers

Hoist drivers shall not be permitted to work more than one eight-hour shift in any consecutive twenty-four hours:

Provided that once only in each week a hoist driver may be required to work for two eight -hour shifts within one period of twenty-four hours in order that he may change to another shift for the ensuing week.

70.
Medical examination

Before any person is employed as driver of a winding engine exceeding 30 horse-power, he shall undergo a medical examination and receive a certificate of fitness from a medical practitioner; and an inspector of mines may require such winding engine drivers to be re-examined at the expense of their employer at intervals of not less than one year.

71.
Licensing of hoist drivers
(1)

Every driver of a power driven hoist shall be licensed by an inspector of mines; and no unlicensed driver shall drive or be allowed to drive any power driven hoist:

Provided that a learner-driver may drive such a hoist while under the direct supervision of a licensed driver.

(2)

At all times when any learner-driver is operating a power driven hoist a notice board of a size not less than thirty centimetres by thirty centimetres, bearing in red the letter “L”, shall be clearly displayed on the outside of the hoist house in such a position that it is at all times clearly visible from the shaft collar.

(3)

If it appears to an inspector of mines that the holder of a hoist driver’s licence has caused or contributed or has acted in a manner likely to cause or contribute to any accident, such inspector of mines may cancel or suspend such licence, and may refuse to renew it for any time he may think proper, subject to the right of appeal by the holder to the Commissioner within thirty days of such cancellation or refusal.

Explosives

Storage and Transport of Explosives

72.
Storage and transport on the surface

The transport and storage of explosives on the surface workings of a mine shall be in accordance with the provisions of the Explosives Act (Cap. 115) and the rules and regulations made thereunder.

73.
Storage of more than 50 kg. underground

Explosives in greater quantity than 50 kg. weight shall not be stored underground in a mine, except with the written permission of an inspector of mines and in such quantities and under such conditions as he may in writing stipulate.

74.
Storage of less than 50 kg. underground

Explosives in less quantity than 50 kg. weight may be stored underground, provided that the following conditions are observed—

(a)

they be kept in properly constructed wooden boxes and stored in a dry place, not less than 35 metres from any blasting operations;

(b)

the boxes in which they are stored shall themselves be locked or shall be kept in a locked store or receptacle; such boxes, stores or receptacles shall have the word “explosives” painted on them in distinct and legible letters;

(c)

detonators shall not be kept in the same box with other explosives, but shall be kept in separate locked boxes, which shall not be placed within two metres of boxes containing other explosives;

(d)

any person in charge of explosives shall keep the boxes, places or receptacles containing explosives locked by means of substantial locks, and shall not allow the keys to leave his possession;

(e)

no other materials, implements or tools shall be placed in boxes which contain explosives.

75.
Transporting detonators with other explosives forbidden

Except in the case of made-up primers, detonators shall not be carried in the same case or canister with dynamite or any other explosives.

76.
Notice to engine driver

Notice shall be given to the engine driver by the banksman immediately before explosives are conveyed in a shaft by means of machinery.

77.
Conveyance of explosives in shaft

The engine driver shall gently lower or raise any shaft conveyance containing explosives, and the explosives shall not be placed in or taken out of the shaft conveyance except by a person authorised by the manager or mine captain.

78.
Precautions in carrying explosives

Save as provided in regulation 80, whilst carrying explosives (unless such explosives are contained in unopened cases or suitable closed containers) no person shall carry a naked light.

General Precautions

79.
Calcium carbide
(1)

No person shall carry or cause or permit to be carried any calcium carbide underground except in lamps or in watertight receptacles.

(2)

No person shall store or leave calcium carbide or spent calcium carbide underground or coming off shift.

80.
Lights and smoking

During the handling of explosives, the preparation of charges and the process of blasting, there shall be no fires nor smoking in the vicinity, and, save for the purpose of lighting the fuses, no naked light or flame shall be allowed within one metre of any explosive.

81.
Disposal on mine closing down

No explosives shall be stored in any closed down mine without the written permission of an inspector of mines.

82.
Temporary charge

Any person in whose charge explosives have been temporarily left shall be responsible therefor until some other trustworthy person accepts charge thereof.

83.
Unauthorised removal or possession

No person shall take away from a mine any explosive without the written permission of the manager, and no person shall secrete or be in possession of explosives in a mine, except as provided for in these Regulations.

Blasting Certificates

84.
Blasting certificate necessary

No person shall conduct or be allowed to conduct any blasting operations in or on a mine at a depth of ten metres or more, measured from the surface along or down a shaft, adit, well or tunnel unless he holds a miner’s blasting certificate or a provisional blasting certificate.

85.
Miner’s blasting certificate
(1)

A miner’s blasting certificate, which shall be in the form in the First Schedule, shall be issued by an inspector of mines to any person who proves to his satisfaction that he is competent to take charge of blasting operations; and if a blasting certificate is granted to a person who has less than three months’ mining experience underground, an endorsement to that effect shall be made on the blasting certificate and signed by the inspector of mines.

(2)

An inspector of mines may impose such limitation or qualification upon the scope of a miner’s blasting certificate as he may deem fit, and shall endorse the certificate accordingly.

(3)

The holder of a miner’s blasting certificate shall comply with any limitations or qualifications which may be endorsed upon his certificate.

(4)

A miner’s blasting certificate shall be issued on payment of a fee, and shall expire on the 31st December in the year in which it is issued.

(5)

The fee for a miner’s blasting certificate shall be ten shillings, and the fee for a certified copy thereof shall be two shillings.

(6)

A miner’s blasting certificate shall only be valid for the one named province, but it may be endorsed by an inspector to include one or more additional provinces upon the applicant paying an additional fee of ten shillings for each additional province.

86.
Application for miner’s blasting certificate

Application for a miner’s blasting certificate shall be made to an inspector of mines, who shall, as soon as reasonably possible, examine the applicant.

87.
Provisional blasting certificates
(1)

Mine managers, authorised in that behalf by an inspector of mines, may grant provisional blasting certificates valid for one month to persons who can satisfy them of their fitness to receive such provisional blasting certificates.

(2)

All grants of such certificates shall be reported in writing immediately to an inspector of mines.

(3)

Every such provisional blasting certificate shall be in the form in the Second Schedule.

88.
Suspension or cancellation of blasting certificates

If it appears to an inspector of mines that the holder of a blasting certificate has caused or contributed to any accident by carelessness, incapacity or inebriety, such inspector of mines may cancel such certificate and may refuse to renew it for any time he may think proper, subject to a right of appeal by the holder to the Commissioner within thirty days of such cancellation or refusal.

89.
Certificate to be retained by manager or mine captain

Every mine manager or mine captain, upon engaging the holder of a blasting certificate (who will be required to conduct blasting operations), shall examine his blasting certificate, and retain it until the determination of his engagement.

Blasting Operations

90.
Operations may be restricted

An inspector of mines or an inspector of explosives appointed under section 3 of the Explosives Act (Cap. 115) or a local authority may prohibit or restrict the use of explosives in places where, owing to the close proximity of buildings, blasting may appear to be likely to endanger life or property.

91.
Large gangs must be divided

In case a gang of workmen is so large that one ganger is unable to conduct the blasting operations properly by himself, such gang shall be divided into two or more parties, each under an experienced miner holding a blasting certificate.

92.
Responsibilities of ganger or miner in charge

The ganger or miner in charge shall be responsible for—

(a)

the safety of every person not in the possession of a blasting certificate who may be working in the same place, whether under his direct supervision or not;

(b)

ensuring that every workman under his supervision is acquainted with the danger attending the contravention of regulations 84, 100 and 104;

(c)

ensuring that work of which he is in the charge is carried on in conformity with the requirements of regulations 93 to 117 (inclusive), and (in cases where the explosives are to be fired electrically) of regulation 120; and

(d)

the storage, in accordance with the requirements of regulation 74, of explosives placed in his charge.

93.
Dust and fumes

No person shall enter the working place until the fumes and dust caused by blasting have been sufficiently dissipated.

94.
Ganger must be first to enter working place

Before commencing work, either at the beginning of a shift or after blasting, the ganger or miner in charge shall be the first person to enter the working place, and, until he considers it safe, he shall not allow any workmen to enter except those required by him to make the place safe.

95.
Scaling down before starting to drill. Face must be carefully examined for misfires

Before drilling is begun, all loose and loosened rock and ground shall first be scaled down from the face and neighbourhood of the working place; the face shall be carefully examined by the ganger or miner in charge for misfired holes and sockets of holes, and such sockets shall be tightly plugged with plain wooden plugs, driven flush with the surface of the rock; and when compressed air is available all sockets shall be blown out with a blowpipe before being plugged.

96.
Misfires

The ganger or miner in charge shall immediately plug tightly with a short wooden plug, painted red, every misfired hole discovered if he is not able immediately to deal with it.

97.
Plugs

A sufficient supply of wooden plugs for the purpose of regulation 95 and 96 shall be kept conveniently near all places where they may be required.

98.
Misfires
(1)

Every misfired hole shall be exploded before drilling is recommenced within 5 metres from such misfired hole; and for this purpose the tamping shall be withdrawn in order to allow the insertion of a fresh primer cartridge.

(2)

Whenever compressed air is available the tamping shall be withdrawn by means of a blowpipe, but when compressed air is not available, the tamping shall be withdrawn by means only of an instrument made of wood, brass or copper.

(3)

This operation shall be performed in person by a holder of a miner’s blasting certificate or by a holder of a provisional blasting certificate, and by no other person.

(4)

In no case shall a place containing a misfire or a suspected misfire be left without a responsible person in charge.

99.
Position and direction of holes
(1)

The ganger or miner in charge shall point out to each driller working under him the exact position and direction of the hole to be drilled, and shall see that he does not deviate therefrom.

(2)

No hole shall be so placed or directed as to come within fifteen centimetres of any socket or of any other hole which may at any time have been charged with explosive.

100.
Deepening of holes forbidden

No drill-hole shall be deepened by an oncoming shift unless the ganger of the shift finishing work definitely informs the ganger of the oncoming shift that such hole is unfinished and has never been charged with explosive and clearly describes its position.

101.
Tools to be removed

All drilling shall be completed and the machines and drill steels and tools removed to a safe distance before any explosives are brought to the working place; but air hoses and blow pipes shall not be classed as tools for the purpose of this regulation:

Provided that if the manager has obtained written permission from an inspector of mines he may at his discretion vary the provisions of this regulation in accordance with the permission so obtained.

102.
Preparing and firing charges

In the preparation of charges, and the firing of such charges by means other than electricity, a ganger may be assisted by reliable workmen who do not possess blasting certificates, when acting under his direct supervision, but he shall be personally responsible for any blasting accident occurring through such persons’ ignorance or inexperience.

103.
Cartridges

Explosives of every kind, excepting black powder, shall be used only in the form of cartridges.

104.
Withdrawal of explosives forbidden

No explosive shall be extracted, except by means of compressed air and a blow pipe from a hole which has once been charged.

105.
Attachment of detonator to fuse

The detonator shall be attached to the fuse only by means of properly designed pliers or other instrument, approved by an inspector of mines.

106.
Detonators and fuse attachment to primer
(1)

When blasting with dynamite or other explosive, the fuse with the attached detonator shall be inserted in the primer cartridge only shortly before use.

(2)

In making up a charge the fuse with detonator attached shall, after being inserted in the primer cartridge, be securely fastened thereto by means of string or other suitable material so that the fuse with detonator cannot be inadvertently withdrawn.

107.
Time for charging holes

Holes shall be charged only within a reasonable time before blasting, and the insertion of the primer cartridge shall be delayed until shortly before firing.

108.
Charging stick— forbidden materials

In charging or in stemming holes for blasting, no iron or steel instrument shall be used and no explosives shall be forcibly pressed into a hole of insufficient size.

109.
Tamping

Only sand, soft clay, paper or water may be used as tamping material for charges of explosives.

110.
Charged holes
(1)

When an explosive charge has been placed in a drill-hole, no further drilling shall be done at the face in which the said hole is situated until the said charge has been exploded.

(2)

If the blasting certificate holder who has charged a drill-hole with explosive is not able to explode the charge before going off duty, he shall plug the hole in the manner prescribed in regulation 96, and shall inform the ganger of the oncoming shift of the presence of the said unfired explosive charge.

(3)

All holes which have been charged with explosive must be fired as soon as is reasonably possible.

111.
Giving warning

Before firing charges, due warning shall be given in every direction and every precaution shall be taken to prevent any person from approaching or remaining within dangerous distance and to prevent injury to person or property from projected debris.

112.
Ignition of fuses

Where more than one charge is to be fired, fuses shall be ignited only by means of a fuse igniter of a type approved by an inspector of mines.

113.
Counting shots

The number of shots exploding shall, except in cases of electric firing, be counted by the blasting certificate holder who fired the charges; and if he is not certain that all the charges have exploded no person shall be allowed to enter the working place in which the charge is situated for a period of thirty minutes after the fuses were lighted.

114.
Suspected misfire must be reported
(1)

If a misfire is suspected at change of shift, the blasting certificate holder who fired or attempted to fire the charges shall forthwith report such suspected misfire to the mine captain and to the ganger of the following shift.

(2)

The responsibility of warning the ganger of the next shift shall rest with the blasting certificate holder who fired or attempted to fire the shots.

115.
Precautions against removal of explosives

The holder of a blasting certificate shall not permit any person working under his charge to retain any explosive in his possession or remove it from the mine.

116.
Ganger not holding blasting certificate to take precautions for safety

If a ganger who is not the holder of a blasting certificate has any reason to believe that a misfired charge or any unexploded blasting material is present at a place where he is in charge of operations, he shall cause the said place to be examined by the holder of a blasting certificate.

117.
Frozen explosives

Blasting gelatine, dynamite and other nitro-compounds shall not be used in a frozen state; they shall be thawed when necessary by being inserted into a pot or pan immersed in hot water and not otherwise, but they shall not in any circumstances be placed in the vicinity of a fire.

118.
Electric shot firing
(1)

The charging of holes which are to be fired electrically, and the firing of such charges, shall not be performed by any person other than a holder of a miner’s blasting certificate, who has been authorised in writing by the manager to use the necessary apparatus.

(2)

No unauthorised person shall open or interfere with any magneto-electric machine or other electric shot-firing apparatus.

119.
Source of electricity
(1)

The only source of electrical energy which may be used for firing charges electrically shall be an efficient battery or magneto-electric machine or other apparatus of a type approved in writing by an inspector of mines; and it shall be so constructed that it can be operated only by a removable handle, plug or key and that the firing circuit is made and broken either automatically or by means of a push button switch.

(2)

Such battery, machine or authorised apparatus shall be provided with a shot-firing cable not less than twenty metres in length, which shall consist of two conducting cores covered with insulating material and efficiently protected against mechanical damage by a heavy sheathing of tough rubber, specially designed for rough usage.

(3)

Electrical energy from lighting or power circuits shall not be used for firing charges, unless permission has been granted in accordance with subregulation (1).

120.
Electric shot firing– additional responsibilities

The blasting certificate holder in charge of electric blasting operations shall be responsible for the observance of the following conditions—

(a)

shot-firing cables used shall conform with the requirements of subregulation (2) of regulation 119:

Provided that a length not exceeding three metres of vulcanised rubber insulated cable of a type approved by an inspector of mines may be attached to the end of each core of the shot-firing cable for the purpose of connecting the cable with the fuse or detonator;

(b)

he shall himself connect the cable to the fuse or detonator wires and shall do so before connecting them to the source of electrical energy; he shall take care to prevent the cable from coming into contact with any power or lighting cables or apparatus, and shall himself couple the cable to the source of electrical energy; and before doing so he shall give warning as required by regulation 111;

(c)

while on duty he shall at all times keep the handle, plug or key of the battery, magneto-electric machine or other apparatus in his personal custody, and shall not place it in position until a shot is about to be fired, and shall remove it as soon as a shot has been fired;

(d)

he shall, in the event of a misfire—

(i) not approach or allow any other person to approach the misfired hole until an interval of at least ten minutes has elapsed;
(ii) before approaching, or allowing any other person to approach the shot hole, disconnect the cable and remove the handle, plug or key from the source of electrical energy, and shall examine the cable and connections for any defect;
(iii) if the misfire is due to a faulty cable or a faulty connection, fire the shot as soon as practicable after the defect has been remedied, but otherwise he shall treat the misfire in the manner prescribed in regulations 96 and 98.
121.
Loose wires

At any place where rock or other material broken by electrically fired explosive is being removed, the ganger or miner in charge shall instruct the workmen to report immediately to him, on finding any wires in or under the loose rock; and if any such wires are found he shall at once trace them to their ends to discover whether a misfire has occurred.

Machinery

122.
Installation and repair of plant
(1)

At least fourteen days before bringing into use any boiler to be used at a pressure exceeding 3.5 kilograms per square centimetre or any steam engine the indicated horse-power of which exceeds 12, or any internal combustion engine (other than that of a motor car or other vehicle used for transport) the rated brake horse-power of which exceeds 12, or any other plant for the generation of power the brake horse-power of which exceeds 12, the manager shall report in writing to an inspector of mines the nature of the plant, its indicated horse-power or brake horse-power (as the case may be), the purpose for which it is to be used and the approximate date upon which it will be brought into use.

(2)

A mechanic or electrician approved by the Government mining engineer shall be placed in charge of every such plant.

(3)

Such mechanic or electrician shall keep a machinery record book and shall enter therein particulars of the plant and of all repairs and alterations thereto, together with a description of the materials used and all relevant dates.

(4)

The provisions of subregulation (2) shall not be deemed to exonerate the manager from responsibility for ensuring that any other plant is used under proper supervision.

123.
Boilers, etc., to be in good condition

All boilers, engines, brakes, ropes, winding gear and other mechanical appliances shall be kept in good condition and repair to the satisfaction of an inspector of mines.

124.
Safety precautions
(1)

Unless his duty necessitates it, no workman shall enter within the safety guards or fences around machinery.

(2)

If any workman notices anything which might be dangerous to life or limb or likely to interfere with the proper working of the machinery he shall as soon as possible inform the person in charge thereof.

(3)

Workmen engaged near moving machinery shall not wear loose outer clothing.

(4)

The repairing, adjusting, cleaning or lubricating of machinery in motion shall not be undertaken where there is risk of personal injury.

(5)

Automatic devices for oiling machinery whilst in motion shall be employed wherever practicable.

125.
Friction clutches or similar contrivances to be provided
(1)

Belt-driven machinery, which it is necessary to start and stop without interfering with the speed of the prime mover, shall be permanently fitted with a satisfactory mechanical appliance for this purpose.

(2)

The shipping and unshipping of driving belts by hand whilst the machinery is in motion is prohibited, with the exception of the customary shifting of light belts on the coned pulleys of machine tools for the purpose of alterations in the working speed.

126.
Boilers and air receivers, etc., to be fitted with gauges and safety valves, and testing thereof; oil drains
(1)

All boilers or all working receivers connected by pipe line to a source whereby the working pressure of the contained air or gas may be increased to a pressure higher than atmospheric shall be fitted with satisfactory apparatus for showing at all times the pressure of the air or gas; they shall also be fitted with a relief or safety valve or other device capable of preventing any undue accumulation of pressure above the safe working limit of the receiver.

(2)

The manager shall have every such boiler or receiver tested hydraulically to the extent of one and a half times the working pressure on installation (unless such boiler or receiver is new) and subsequently at intervals not exceeding three years.

(3)

A written record shall be made of every test and shall be signed by the person or persons conducting the same, and shall be entered in the machinery record book (if any) and shall be kept in the manager’s possession; such records shall give full details of the tests and shall include particulars of all repairs which are found to be required; and subsequent entries, which shall be signed by responsible persons, shall be made recording all repairs done to such boilers or receivers.

(4)

Every compressed air receiver shall be fitted with an efficient oil drain placed at the lowest point on the receiver; and any accumulation of oil in such receiver shall be removed by means of such oil drain at least every eight hours while the receiver is in use.

127.
Pressure tests and tests for leakage

In testing vessels for leaks or for ability to withstand pressure, no vessel shall be tested at a pressure of more than 0.35 kilograms per square centimetre above that of the atmosphere except by means of hydraulic tests.

128.
Supply of pure air for compressor

The supply of air for air compressors shall be drawn from as pure and cool a source as is reasonably possible.

129.
Exhaust steam underground
(1)

The exhaust from any steam-driven machinery or internal combustion engine which is situated underground shall be led to the surface before being allowed to escape:

Provided that, where such exhaust consists of steam only, an inspector of mines may permit such steam to be disposed of underground by either of the following methods—

(a)

the steam may be discharged into abandoned workings if the inspector of mines is satisfied that such workings have no connection with the active operation of the mine, and do not serve as a regular or emergency exist;

(b)

steam may be discharged under water provided the point of outlet of the steam is not less than 45 centimetres below the surface of the water and provided the temperature of the water is not at any time allowed to exceed 38°C.

(2)

No internal combustion engine shall be employed underground unless the pattern has first been approved in writing by an inspector of mines, who, before giving such approval, must satisfy himself that it is reasonably flameproof and is fitted with a suitable standard type exhaust box, and who shall also satisfy himself that the mine ventilation is sufficient at all times when such locomotive is working to ensure that no dangerous concentration of lethal exhaust gases shall occur.

130.
Electrical machinery and conductors to be protected

Electrical machinery and all electrical conductors shall be so placed and protected that no person can inadvertently come into contact with them.

131.
Electric Power Act to be complied with

In addition to the provisions of regulation 130 of these Regulations, all electrical machinery, apparatus and conductors shall comply with the provisions of the Electric Power Act (Cap. 314) and the rules made thereunder.

132.
Inspection of plant
(1)

An inspector of mines may at any time give notice in writing to a manager of his intention to inspect a boiler, engine or other plant on a specified date, which shall not be less than one week after the date of such notice and may by such notice require the manager to prepare such boiler, engine or other plant for inspection.

(2)

The manager shall comply with the requirements of such notice, and in particular he shall ensure—

(a)

that the boiler, engine or other plant is cold;

(b)

in the case of a boiler, that the boiler is empty of water, the manhole doors and hand-hole doors removed and the mountings taken off and opened out;

(c)

in the case of engines, that the cylinder heads are taken off, and, if required by the written notice, that the connecting rod large ends are opened out, the pistons removed, the piston rings taken off the pistons and the valves removed.

(3)

All plant prepared and ready for inspection must be in reasonably clean condition.

133.
No admittance to works

No unauthorised person shall enter any place where machinery or steam boilers are erected; notice to this effect shall be posted up at all entrances.

Poisonous Solutions and Fumes

134.
Storage of poisons
(1)

Mercury, cyanide or other poisonous substances used in any mining, milling or cyaniding process shall be kept in a separate compartment specially set aside for the storage of such poisonous substances; this compartment shall be locked and shall, be in the charge of a trustworthy person duly authorised by the manager.

(2)

No person shall remove from a mine any mercury, cyanide or other poisonous substance without the prior written permission of the manager.

135.
Drinking water

An adequate supply of wholesome drinking water shall be provided in each testing room and assay office, and this supply shall be distinctly labelled “Drinking Water”, in English and Kiswahili.