{"id":"mines-and-works-inspection-act-1920","name":"Mines and Works Inspection Act 1920","slug":"mines-and-works-inspection-act-1920","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105962,"registerId":"sa-mines-and-works-inspection-act-1920-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mines and Works Inspection Act 1920","content":"South Australia\nMines and Works Inspection Act 1920\nAn Act to make better provision for the regulation and inspection of mines and works, and for other purposes.\n\nContents\n1\tShort title\n4\tInterpretation\n5\tApplication of Act\n6\tAppointment of inspectors\n7\tInspection for official purposes\n8\tDisqualification for office of inspector\n9\tConfidentiality\n10\tPowers of inspector on inspection\n11\tReviews—amenity issues\n12\tMiners' inspectors\n13\tObstructing or refusing to assist inspector\n14\tAgreement not to preclude or exempt\n15\tSpecial inquiry may be directed\n16\tNotice\n17\tEmployment underground of certain persons prohibited\n18\tRegulations\n19\tProceedings in respect of offences\n20\tImprisonment for wilful neglect\n21\tApplication of fines\n22\tGeneral provisions as to proceedings for offences\n23\tSaving of proceedings under other Acts or at common law\n24A\tDefault penalties\n27\tProtection of officers\nSchedule—Subject matter of regulations\n1\tInspectors\n2\tInspections\n3\tAgents\n5\tResponsibilities and duties of owners and persons employed\n6\tPlans\n7\tDiscipline, prevention of accidents etc\n8\tAccidents\n9\tReturns\n10\tForms\n11\tVentilation\n12\tConnections for ventilation purposes\n13\tHealth and sanitation\n14\tSafety\n15\tSafe handling of material\n16\tExplosives\n17\tWinding and testing of ropes and other appliances\n18\tShafts\n19\tLadders and travelling ways\n20\tSignals\n21\tUse of electricity\n22\tMachinery\n23\tFees\n24\tAbandonment\n25\tPreservation of the amenity\n26\tCertification\n27\tWaste\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Mines and Works Inspection Act 1920.\n4—Interpretation\n\t(1)\tIn this Act—\nagent means the agent or representative of the owner of the mine;\ndefault penalty means a default penalty provided for by section 24A of this Act;\ninspector means an inspector of mines appointed under this Act, and includes the chief inspector of mines;\nmachinery means any machinery, plant, equipment, implement, or device used or designed or adapted for use in the course of any mining operation;\nmine means any place in, on, or under which any mining operation has been or is being carried on, and includes works;\nmineral means—\n\t(a)\tany—\n\t(i)\tmetal; or\n\t(ii)\tmetalliferous ore; or\n\t(iii)\tcoal; or\n\t(iv)\tguano; or\n\t(v)\tprecious or other stone; or\n\t(vi)\tsalt; or\n\t(vii)\tgypsum; or\n\t(viii)\tgravel; or\n\t(ix)\tshale; or\n\t(x)\tshell; or\n\t(xi)\tsand; or\n\t(xii)\tclay; or\n\t(xiii)\tsoil; or\n\t(xiv)\tearthy substance,\noccurring, whether naturally or otherwise, in, on or under the ground or in the sea or any other waters; or\n\t(b)\tany substance declared by proclamation under this section to be a mineral;\nmining or mining operation means in respect of operations to which this Act applies—\n\t(a)\tany operation carried on in the course of searching for or recovering any mineral; or\n\t(b)\tany operation carried on at any works; or\n\t(c)\tany operation declared by proclamation under this section to be a mining operation,\nbut does not include any operation declared by proclamation under this section not to be a mining operation;\nowner means any person who is the immediate proprietor or lessee or occupier of a mine, or any part thereof, and includes a contractor or tributor working therein, but does not include a person who merely receives a royalty, rent, or fine from a mine, or is merely the proprietor of a mine which is subject to any lease, grant, or licence for the working thereof, or is merely the owner of the soil and not interested in the products of the mine;\nworks means—\n\t(a)\tany—\n\t(i)\tbattery; or\n\t(ii)\tcrushing plant; or\n\t(iii)\tore concentrating works; or\n\t(iv)\tcyanide or chlorination works; or\n\t(v)\tleaching plant; or\n\t(vi)\tsmelting or metal refining works; or\n\t(vii)\tpellet plant; or\n\t(viii)\tsalt works; or\n\t(ix)\tpre-mix concrete works; or\n\t(x)\troad-base plant,\nthat is situated on or adjacent to the place at which a mining operation referred to in paragraph (a) of the definition of mining operation in this section is carried on; or\n\t(b)\tany works declared by regulation to be works,\nbut does not include any works declared by regulation not to be works.\n\t(2)\tThe Governor may by proclamation—\n\t(a)\tdeclare any substance to be a mineral; or\n\t(b)\tdeclare any operation or class of operations to be or not to be a mining operation or operations;\nand may by proclamation from time to time revoke, alter or amend such proclamation.\n5—Application of Act\nThis Act applies in respect of operations undertaken—\n\t(a)\tunder the Indenture under the Roxby Downs (Indenture Ratification) Act 1982; and\n\t(b)\tunder the Indenture under the Whyalla Steel Works Act 1958; and\n\t(c)\tby a person to whom a sale or lease of any seam of coal vested in the Crown at or near Leigh Creek has been made or granted by or on behalf of the Crown (including any successors at law of such a person) as authorised under section 48(1) of the Electricity Corporations Act 1994; and\n\t(d)\tby a person authorised under section 48(2) or (3) of the Electricity Corporations Act 1994 to mine any seam of coal vested in the Crown or SAGC, at or near Leigh Creek.\n6—Appointment of inspectors\nThe Governor may appoint a chief inspector of mines and such other inspectors of mines as he deems necessary for the purposes of carrying out the provisions of this Act.\n7—Inspection for official purposes\n\t(1)\tAny Public Service employee authorised by the Minister may, with such assistants as the Public Service employee deems necessary, at any reasonable time, enter and inspect any mine for official purposes.\n\t(3)\tFor the purposes of every such inspection every such person shall have all the powers and authorities conferred on inspectors by this Act.\n8—Disqualification for office of inspector\n\t(1)\tAny person shall be disqualified from being appointed or acting as an inspector who, without the authority of the Minister—\n\t(a)\tpractises or acts, either alone or in partnership with any person, as a land agent, mining engineer, viewer, agent, or valuer of mines, or as an arbitrator in any difference or dispute arising between owners or agents; or\n\t(b)\tis otherwise employed in or about any mine within the State; or\n\t(c)\tknowingly holds, directly or indirectly, any interest in any mine within the State.\n\t(2)\tAny person who acts as an inspector whilst disqualified as aforesaid shall be liable to a penalty not exceeding one thousand dollars.\n9—Confidentiality\nA person must not divulge any information relating to trade processes or financial information obtained (whether by that person or some other person) in the administration of this Act except—\n\t(a)\tas authorised by this Act or a regulation under this Act; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(c)\tto the Minister, or an officer or employee of the Crown in connection with the administration or enforcement of this Act or a prescribed Act; or\n\t(d)\tfor the purpose of any legal proceedings arising out of the administration or enforcement of this Act or a prescribed Act.\nMaximum penalty: $10 000.\n10—Powers of inspector on inspection\n\t(1)\tAn inspector shall have power to do any or all of the following things, namely:\n\t(a)\the may, without previous notice, enter, inspect and examine any mine, and every part thereof, at all times by day or night, but so as not unnecessarily to impede or obstruct the working of the mine; and\n\t(b)\the may make examination or inquiry to ascertain whether in respect of any mine the provisions of this Act are being complied with; and\n\t(c)\the may examine into and make inquiry respecting—\n\t(i)\tthe state and condition of any mine, or any part thereof; and\n\t(ii)\tthe state and condition of the machinery in or about any mine; and\n\t(iii)\tthe ventilation and the air of the mine; and\n\t(iv)\tany accident in or about any mine causing loss of life or personal injury; and\n\t(v)\tall matters and things connected with or relating to the safety, health, or well-being of the persons employed in or about the mine or any mine contiguous thereto, or of the general public; and\n\t(vi)\tany mining operations which are creating or are likely to create a nuisance, or are damaging or likely to damage property; and\n\t(vii)\tthe effect of any mine, mining operation or practice, or operation or practice incidental or ancillary thereto, upon the amenity of any area or place; and\n\t(d)\the may order to be discontinued in or about any mine—\n\t(i)\tthe use of any machinery which he considers unsafe or defective until such machinery is made safe or the defect remedied; and\n\t(ii)\tany practice which he considers liable to affect the safety or health of the persons employed in or about any mine, or of the general public; and\n\t(iii)\tany mining operations or practices which are likely to create a nuisance or damage property; and\n\t(e)\the may order the cessation of any mining operation or practice, or any operation or practice incidental or ancillary thereto, that in his opinion, has impaired unduly or is likely to impair unduly the amenity of any area or place and he may give such other directions as he considers necessary or desirable to prevent or reduce undue impairment of the amenity of any area or place; and\n\t(f)\the may order the immediate cessation of work in and the departure of all persons from any mine, or any part thereof, which he considers unsafe, or he may allow persons to continue to work in such mine or part, only on such precautions being taken or such things being done as he considers necessary; and\n\t(g)\the may inspect the storage and use of explosives in or about any mine; and\n\t(h)\the may give such directions as to any practice, or as to the doing of any matter or thing, not provided for by regulations made under this Act, as he considers necessary in the interests of the health and safety of any person or for the purpose of preventing nuisances or damage to property; and\n\t(i)\the may exercise such other powers as are necessary for carrying this Act into effect.\n\t(2)\tAn order or direction by an inspector under this section shall be sufficiently given—\n\t(a)\tto any owner or agent if given orally or by notice in writing; or\n\t(b)\tto any other person, if given orally or by notice in writing, or if a written notice thereof is posted up in some conspicuous position on the mine, or part thereof, to which the order or direction relates.\n\t(3)\tIf—\n\t(a)\tany owner, agent or any other person fails to comply with or acts in contravention of any order or direction given by an inspector under this Act; or\n\t(b)\tany owner or agent permits or suffers any person employed in such mine to act in contravention of any order or direction given by an inspector under this Act,\nhe shall be liable to a penalty not exceeding, for a first offence, two thousand dollars, and for any subsequent offence, four thousand dollars and liable to a default penalty not exceeding two hundred dollars.\n\t(3a)\tIt shall be a defence to any proceeding for an offence under this section (except an offence arising from contravention of, or failure to comply with, an order or direction that is reviewable under section 11 of this Act) if it is proved to the satisfaction of the court that such order or direction was not justified by the purpose for which such order or direction was given.\n\t(4)\tWhere an order or direction is given by an inspector under this section to the owner of a mine to carry out any work and the owner is found guilty of an offence against subsection (3) of this section for failing to comply with the order or direction, the inspector, with the approval of the Minister, may, with such assistants as the inspector considers necessary, enter and cause that work to be carried out.\n\t(5)\tThe cost of carrying out the requirements of an order or direction of an inspector under subsection (4) of this section may be recovered from the owner of the mine in a summary manner as a debt due to the Crown.\n\t(6)\tA document purporting to be signed by the chief inspector of mines stating the cost referred to in subsection (5) of this section shall, in the absence of proof to the contrary, be accepted as proof of that cost in any proceedings for its recovery.\n11—Reviews—amenity issues\n\t(1)\tA person who is required to comply with an order or direction under section 10(1)(e) may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the order or direction.\n\t(2)\tAn application must be made within 1 month of the making of the order or decision.\n\t(3)\tFor the purposes of proceedings before the Tribunal under this section, the following panels of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013:\n\t(a)\ta panel consisting of persons who have experience in the conduct of mining operations;\n\t(b)\ta panel consisting of persons who have experience in assessing the aesthetic effect of mining operations and practices on the environment in which they are carried out.\n\t(4)\tIn any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with assessors selected by the President.\n\t(5)\tIn this section—\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n12—Miners' inspectors\n\t(1)\tThe miners employed in any mine may appoint two of their number, or any two persons who are practical miners, to inspect the mine, and the persons so appointed shall, on giving notice to the owner, be allowed to inspect every part of the mine and all its machinery.\n\t(2)\tIf at any time the workings, or any part of the workings, of any mine are considered unsafe by any of the miners working therein, the miners working therein may, in like manner, appoint two of their number, or any two persons who are practical miners, to inspect, such workings, and the persons so appointed shall, on giving notice to the owner, be allowed to inspect such workings.\n\t(3)\tThe owner or agent must take steps to facilitate an inspection, and the owner or agent may, if the owner or agent thinks fit, accompany the persons making the inspection.\n\t(4)\tThe persons so inspecting shall record and sign a true report of the result of every such inspection in the record book, and, if the report states the existence or apprehended existence of any danger, they shall forthwith cause a true copy of the report to be sent to the chief inspector, and shall notify the owner of such danger.\n\t(5)\tThe persons so appointed shall be designated miners' inspectors, and shall, while making any inspection for the purposes of this section, be deemed to be workmen employed by the owner of the mine within the meaning of the Workmen's Compensation Act 1971.\n\t(6)\tThe Minister may, at any time, terminate any appointment made under this section if it appear to him for any reason necessary or desirable so to do.\n13—Obstructing or refusing to assist inspector\n\t(1)\tA person must not wilfully obstruct, hinder, or interfere with, or use insulting language to, an inspector, or any person having the powers and authorities of an inspector, in the execution of his or her duty.\nMaximum penalty: $1 000.\n\t(2)\tAn owner or agent must not refuse or neglect to furnish an inspector, or any person having the powers and authorities of an inspector, with the means necessary for making any entry, inspection, examination, or inquiry under this Act in relation to the mine.\nMaximum penalty: $1 000.\n14—Agreement not to preclude or exempt\nNo person shall be precluded or exempted by any contract or agreement from doing such acts as may be necessary to comply with the provisions of this Act, or be liable under any contract or agreement to any penalty or forfeiture for doing such acts.\n15—Special inquiry may be directed\nThe Minister may direct an inspector to make a special inquiry and report with respect to any accident in or about a mine causing loss of life or personal injury, and may cause such report to be made public at such time and in such manner as he thinks expedient.\n16—Notice\nA notice or document required to be given to or served on a person under this Act may be given or served—\n\t(a)\tby giving it to the person personally; or\n\t(b)\tby posting it by registered post to the person's last known residential, business or (in the case of a corporation) registered address; or\n\t(c)\tby leaving it for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tby transmitting it by fax or email to a fax number or email address provided by the person (in which case the notice will be taken to have been given or served at the time of transmission).\n17—Employment underground of certain persons prohibited\nA person shall not, except with the written consent of the Minister, employ, or suffer or permit to be employed, underground in any mine, any person under the age of eighteen years.\nMaximum penalty: $500.\n18—Regulations\n\t(1)\tThe Governor may make regulations for the purpose of ensuring the safety and health of all persons who are employed in or about any mine and of the general public who may be affected by mining operations, and for the carrying on of all mining with due regard to the health and safety of the general public and for the prevention of nuisances and damage to property caused by mining operations and for preserving the amenity of any area or place from impairment by mining operations and practices, and operations and practices incidental or ancillary thereto, including, though without in any way limiting the general power of making regulations hereby conferred, regulations with respect to all or any of the matters mentioned in the Schedule.\n\t(2)\tIt may be provided by any such regulation that all or any of the regulations made under this Act shall apply to the whole State or only to any specified part thereof, or to all mines or only to any specified mine or specified class or classes of mines.\n\t(2a)\tRegulations made under this Act may incorporate, adopt, apply or make prescriptions by reference to, with or without modification—\n\t(a)\tany code of practice approved by the relevant Minister under Part 14 Division 2 of the Work Health and Safety Act 2012;\n\t(b)\tany other document prepared or published by any body or authority as in force at the time that the regulations are made or as in force from time to time.\n\t(3)\tThe regulations may provide for the imposition of penalties not exceeding in each case one thousand dollars for a breach of any provision of a regulation and in addition the regulations may provide for the imposition of a default penalty for a breach of any provision of a regulation.\n19—Proceedings in respect of offences\n\t(1)\tNo proceedings in respect of any offence against this Act shall be taken except by an inspector or by some person authorised by the Minister.\n\t(2)\tAll proceedings in respect of offences against this Act shall be commenced within six months from the time when the matter of the information or complaint came to the knowledge of the inspector or person taking proceedings but in no case later than twelve months after the commission of the offence.\n\t(3)\tAll costs incurred by or awarded against any inspector in connection with any such proceedings shall be payable out of moneys from time to time appropriated by Parliament, and the inspector shall not be personally responsible for the same.\n20—Imprisonment for wilful neglect\nWhere any owner or agent, or any person employed in or about any mine, is guilty of any offence against this Act which, in the opinion of the court which tries the case, is one which was—\n\t(a)\treasonably calculated to endanger the safety of the persons employed in or about the mine, or to cause serious personal injury to any of such persons, or to cause a dangerous accident; and\n\t(b)\tcommitted wilfully by the personal act, personal default, or personal negligence of the person accused,\nthe court, if of the opinion that a fine will not meet the circumstances of the case, may, in lieu of imposing a monetary penalty, impose a sentence of imprisonment for any period not exceeding six months.\n21—Application of fines\n\t(1)\tWhere a fine is imposed under this Act for any offence against this Act which has occasioned loss of life or personal injury, the Minister may direct such fine to be paid to, or distributed in such manner as he thinks fit among, the persons injured and the relatives of any person whose death may have been occasioned by the offence, or among such of them as the Minister thinks fit: Provided that the Minister shall not make any such direction unless he is of opinion that such persons did not occasion, or contribute to occasion, the offence, or did not commit and were not parties to committing the offence.\n\t(2)\tThe fact of any such payment or distribution as aforesaid shall not in any way affect, or be receivable as evidence in, any legal proceeding relative to, or consequential on, the accident or offence.\n\t(3)\tSave as aforesaid, all fines recovered under this Act shall be paid to the Treasurer for the public uses of the State.\n22—General provisions as to proceedings for offences\nIn any proceedings in respect of any offence against this Act—\n\t(a)\tthe onus shall be on the defendant to prove—\n\t(i)\tthat any person alleged in the information to be an inspector, or a person authorised to take proceedings in respect of an offence against this Act, is not an inspector or such person; or\n\t(ii)\tthat any person alleged in the information to be an owner or agent is not an owner or agent in relation to the mine in question; or\n\t(iii)\tthat any person alleged in the information to be employed in any mine, is not employed in the mine in question;\n\t(b)\tthe authorisation by the Minister of any person to take proceedings, may be proved by the production of any document to that effect purporting to be signed by the Minister.\n23—Saving of proceedings under other Acts or at common law\n\t(1)\tNothing in this Act shall prevent any person from being indicted for any act or omission constituting an offence against this Act, or from being liable for any such act or omission under any other Act, or otherwise, to any other or higher penalty or punishment than that provided by this Act: Provided that no person shall be punished twice for the same offence.\n\t(2)\tIf the court before which a person is charged with an offence under this Act is of opinion that proceedings ought to be taken against such person for such offence under some other Act, or otherwise, such court may adjourn the hearing of the case to enable such proceedings to be taken, and such proceedings may thereupon be taken.\n24A—Default penalties\n\t(1)\tWhere in or at the foot of any provision of this Act there appears the expression default penalty, the expression indicates—\n\t(a)\tthat a person convicted of an offence against that provision in respect of a continuing act or omission is liable, in addition to the penalty otherwise applicable to that offence, to a penalty for each day during which the act or omission continued of not more than the amount stipulated as the amount of the default penalty, or if no amount is stipulated, of not more than one hundred dollars; and\n\t(b)\tthat if the act or omission continues after he is convicted, he shall be guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to that further offence, to a penalty for each day during which the act or omission continued after that conviction of not more than the amount stipulated as the amount of the default penalty, or if no amount is stipulated, of not more than one hundred dollars.\n\t(2)\tWhere an offence against a provision of this Act consists of an omission to do something that is required or directed to be done, the omission shall, for the purposes of subsection (1) of this section, be deemed to continue for so long as the thing required or directed to be done remains undone after the expiration of the period for compliance with the requirement or direction.\n27—Protection of officers\nNo action shall be brought against any inspector or other person for or on account of any matter or thing done or committed by him in the execution, or intended execution, of his duty or office under this Act, unless such action is commenced within six months after the cause of action arises.\nSchedule—Subject matter of regulations\n1—Inspectors\nThe powers and duties of inspectors.\n2—Inspections\nThe inspection of mines and of machinery in or about mines.\n3—Agents\nThe appointment by mine owners of agents, and the registration of such appointments with the Minister.\n5—Responsibilities and duties of owners and persons employed\nThe responsibilities and duties of owners and agents and of other persons employed in or about or in connection with mines.\n6—Plans\nPlans and sections of underground and surface workings of mines, including—\n\t(a)\tthe keeping of such plans and sections by the owner or agent;\n\t(b)\tthe furnishing from time to time of copies of such plans and sections to the Minister, and the terms on which such copies will be accepted as satisfactory;\n\t(c)\tthe manner in which surveys of the underground or surface workings for the purposes of such plans and sections shall be effected, and the scale to which such plans and sections shall be drawn.\n7—Discipline, prevention of accidents etc\nThe maintenance of order and discipline, and the prevention of accidents.\n8—Accidents\nAccidents in or about mines, including—\n\t(a)\tthe notification of accidents;\n\t(b)\tthe steps to be taken on the occurrence of an accident; the supply and maintenance of appliances for use in rescue work, and the formation and training of rescue brigades; the supply and maintenance of ambulance appliances and the training of men in ambulance work;\n\t(c)\tthe procedure at inquiries into accidents, and the evidence receivable at such inquiries as to any particular matter.\n9—Returns\nReturns from mines for statistical purposes.\n10—Forms\nThe form of records, returns, notices, and other writings and documents to be used for the purposes of this Act.\n11—Ventilation\nThe ventilation of mines, including—\n\t(a)\tstandards of purity, temperature, and humidity of the air; the quantity of air which shall be made to circulate in the mine or the airways; methods by which the air shall be tested as to its adequacy in quantity, purity, temperature, humidity, and efficiency of circulation;\n\t(b)\trecording the state of ventilation in all parts of the mine; showing upon the plans the position of all airdoors and ventilating devices and appliances, and the direction of the air currents;\n\t(c)\tthe conditions under which disused portions of the mine may or shall be shut off from the ventilation system, and when and in what manner they shall be ventilated;\n\t(d)\tthe conditions under which the use of mechanical appliances to assist ventilation shall be compulsory;\n\t(e)\tthe use of compressed air;\n\t(f)\tthe conditions under which tailings from cyanide or other chemical or metallurgical processes may be used for the filling of stopes;\n\t(g)\tthe prevention of the escape of deleterious gases and fumes from any chemical or metallurgical process.\n12—Connections for ventilation purposes\nThe connection of workings for ventilation purposes, including—\n\t(a)\tthe making of other excavations concurrently with shaft sinking;\n\t(b)\tthe connection of adjoining mines;\n\t(c)\tthe connection of workings in the same mine;\n\t(d)\tany other matter relating to the ventilation of mines.\n13—Health and sanitation\nThe protection of health in mines and the sanitary conditions in mines, including—\n\t(a)\tthe prevention and laying of dust; the prevention of the escape of poisonous or deleterious gases and fumes from any chemical or metallurgical process in use on mines; the use of water sprays, atomisers, and other damping appliances;\n\t(b)\tthe use of apparatus for collecting, filtering, and preventing the inhalation of dust;\n\t(c)\tthe prevention of nuisances, and the cleansing and keeping clean of the mine; the construction and position of all sanitary conveniences, and the condition in which they shall be kept;\n\t(d)\tthe provision and construction of change houses and their accommodation, baths, washing appliances, the destruction of old clothes, and drying of clothes; pure water supply;\n\t(e)\texamination and exclusion of persons likely to be infected with infectious or transmissible diseases.\n14—Safety\nThe safety of all persons working in or about mines, including the provision of refuges and manholes.\n15—Safe handling of material\nThe safe handling of materials.\n16—Explosives\nThe storage and use of explosives and highly inflammable substances, including—\n\t(a)\tthe construction of magazines;\n\t(b)\tstorage and handling;\n\t(c)\tlights and smoking;\n\t(d)\tthe removal and destruction of fumes by mechanical or artificial means;\n\t(e)\tthe persons who may charge or fire charges, and the methods and implements that may or may not be employed in doing so;\n\t(f)\tcharges that have missed fire, and holes which have been charged, or in which a charge has been previously fired or attempted to be fired;\n\t(g)\tthe time that must elapse before men return to a hole where a charge has been fired, or has missed fire;\n\t(h)\tthe notification of charges that have missed fire;\n\t(i)\tthe use of fuse.\n17—Winding and testing of ropes and other appliances\nThe winding of persons and materials, including—\n\t(a)\tthe strength and efficiency of ropes, chains, brakes, and cages, and all winding appliances, gear, and machinery, and the tests, from time to time or otherwise, of such strength and efficiency;\n\t(b)\tthe maintenance of ropes, chains, brakes, and cages, and all winding appliances, gear, and machinery;\n\t(c)\tthe persons who may have charge of winding machinery and their periodical medical examination.\n18—Shafts\nThe fencing, lining, dividing, and otherwise securing of shafts and other openings.\n19—Ladders and travelling ways\nLadders and travelling ways.\n20—Signals\nSignals.\n21—Use of electricity\nThe use of electricity and electrical machinery, and the rules and precautions to be observed.\n22—Machinery\nMachinery, including—\n\t(a)\tthe persons who may work or have charge of machinery;\n\t(b)\tthe maintenance and safeguarding of machinery;\n\t(c)\tthe fitting, cleaning, working, and testing of machinery, whether in accordance with any Act or otherwise.\n23—Fees\nThe fees payable in respect of—\n\t(a)\twitnesses' expenses and the remuneration of persons holding inquiries:\n\t(b)\tthe testing of ropes, chains, brakes, cages, and other winding appliances, gear, and machinery:\n\t(c)\tany other service rendered by any person under this Act.\n24—Abandonment\nAbandonment of mines, including the protection of abandoned mines.\n25—Preservation of the amenity\nThe preservation of the amenity of any area or place from impairment by mining operations or practices, or any operations or practices incidental or ancillary thereto, and without limiting the generality of the foregoing, the regulations made under this paragraph may—\n\t(a)\tregulate, restrict or prohibit any such operations that interfere with the surface of any land; and\n\t(b)\tregulate the position in which any excavations or other mining operations may be made or conducted; and\n\t(c)\tregulate the treatment and disposal of overburden and waste products; and\n\t(d)\tregulate, restrict or prohibit the treatment or disposal of overburden or waste products in prescribed areas or places, or in areas or places of a prescribed kind; and\n\t(e)\trequire that any plant or mining operations be screened from view in a prescribed manner; and\n\t(f)\trequire the restoration of the surface of the land in a prescribed manner; and\n\t(g)\tregulate the positioning, installation and removal of mining equipment and buildings used in connection with mining operations.\n26—Certification\nThe medical certification of employees and the certification of persons in charge of certain declared types of machinery.\n27—Waste\nThe disposal or overburden or other waste from mining operations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Mines and Works Inspection Act 1920 repealed the following:\nThe Mining Act Amendment Act 1904\nMining Act Further Amendment Act 1919\nLegislation amended by principal Act\nThe Mines and Works Inspection Act 1920 amended the following:\nThe Mining Act 1893\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1920\n1444\nMines and Works Inspection Act 1920\n9.12.1920\n20.1.1921 (Gazette 20.1.1921 p106)\n1935\n2246\nStatute Law Revision Act 1935\n19.12.1935\nSch 2—19.12.1935\n1955\n25\nMines and Works Inspection Act Amendment Act 1955\n1.12.1955\n1.12.1955\n1962\n21\nMines and Works Inspection Act Amendment Act 1962\n25.10.1962\n25.10.1962\n1964\n31\nMines and Works Inspection Act Amendment Act 1964 as amended by 39/1965\n22.10.1964\n22.10.1964\n1965\n39\nStatute Law Revision Act 1965\n9.12.1965\n9.12.1965\n1966\n55\nMines and Works Inspection Act Amendment Act 1966\n10.11.1966\n10.11.1966\n1970\n69\nMines and Works Inspection Act Amendment Act 1970\n17.12.1970\n17.12.1970\n1974\n42\nStatute Law Revision Act 1974\n11.4.1974\n11.4.1974\n1978\n66\nMines and Works Inspection Act Amendment Act 1978\n12.10.1978\n18.1.1979 (Gazette 18.1.1979 p95)\n1986\n125\nOccupational Health, Safety and Welfare Act 1986\n24.12.1986\nSch 3 (Pt 2)—30.11.1987 (Gazette 8.10.1987 p1068)\n2003\n39\nStatutes Amendment (Mining) Act 2003\n9.10.2003\nPt 2 (s 4)—30.10.2003 (Gazette 23.10.2003 p3879)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 51 (s 166)—4.9.2006 (Gazette 17.8.2006 p2831)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 91 (ss 211 & 212)—1.2.2010 (Gazette 28.1.2010 p320)\n2012\n40\nWork Health and Safety Act 2012\n15.11.2012\nSch 6 (cl 6)—1.1.2013: s 2\n2017\n51\nStatutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 30 (ss 180 to 182)—4.10.2018 (Gazette 28.6.2018 p2618)\n2019\n14\nStatutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 17 (ss 113 & 114)—1.10.2019 (Gazette 29.8.2019 p3138)\n2019\n29\nStatutes Amendment (Mineral Resources) Act 2019\n24.10.2019\nPt 3 (ss 127 to 136)—1.1.2021 (Gazette 19.11.2020 p5079)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 312.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nss 2 and 3\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 66/1978 s 3(e)\n18.1.1979\ndefault penalty\ninserted by 66/1978 s 3(a)\n18.1.1979\nmachinery\nsubstituted by 66/1978 s 3(b)\n18.1.1979\nmanager\ndeleted by 29/2019 s 127(1)\n1.1.2021\nmineral\ninserted by 66/1978 s 3(c)\n18.1.1979\nmining or to mine\ndeleted by 66/1978 s 3(c)\n18.1.1979\nmining or mining operation\ninserted by 66/1978 s 3(c)\n18.1.1979\n\namended by 29/2019 s 127(2)\n1.1.2021\nthe appeal board\ndeleted by 51/2017 s 180\n4.10.2018\nworks\nsubstituted by 66/1978 s 3(d)\n18.1.1979\ns 4(2)\ninserted by 66/1978 s 3(e)\n18.1.1979\ns 5\nsubstituted by 29/2019 s 128\n1.1.2021\ns 5A\ndeleted by 66/1978 s 4\n18.1.1979\ns 7\n\n\ns 7(1)\nsubstituted by 66/1978 s 5\n18.1.1979\n\namended by 84/2009 s 211\n1.2.2010\ns 7(2)\ndeleted by 66/1978 s 5\n18.1.1979\ns 8\n\n\ns 8(1)\namended by 66/1978 s 6(a)\n18.1.1979\n\namended by 29/2019 s 129(1), (2)\n1.1.2021\ns 8(2)\namended by 66/1978 s 6(b)\n18.1.1979\ns 9\namended by 66/1978 s 7\n18.1.1979\n\namended by 125/1986 s 71(2) (Sch 3 Pt 2)\n30.11.1987\n\nsubstituted by 39/2003 s 4\n30.10.2003\ns 10\n\n\ns 10(1)\namended by 66/1978 s 8(a)\n18.1.1979\n\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 10(2)\namended by 29/2019 s 130(1)\n1.1.2021\ns 10(3)\namended by 66/1978 s 8(b)\n18.1.1979\n\namended by 29/2019 s 130(2), (3)\n1.1.2021\ns 10(3a)\ns 10(3) second sentence designated as s 10(3a) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 14/2019 s 113\n1.10.2019\ns 10(4)—(6)\ninserted by 66/1978 s 8(c)\n18.1.1979\nss 10A—10C\ndeleted by 51/2017 s 181\n4.10.2018\ns 10B before deletion by 51/2017\n\n\ns 10B(4)\nsubstituted by 84/2009 s 212(1)\n1.2.2010\ns 10B(7)\nsubstituted by 84/2009 s 212(2)\n1.2.2010\ns 10B(8)\ndeleted by 84/2009 s 212(2)\n1.2.2010\ns 11 before inserted by 51/2017\ndeleted by 66/1978 s 9\n18.1.1979\ns 11\ninserted by 51/2017 s 181\n4.10.2018\ns 11(5)\ninserted by 14/2019 s 114\n1.10.2019\ns 12\n\n\ns 12(1)\namended by 66/1978 s 10(a)\n18.1.1979\n\namended by 29/2019 s 131(1)\n1.1.2021\ns 12(2)\namended by 66/1978 s 10(b)\n18.1.1979\n\namended by 29/2019 s 131(2)\n1.1.2021\ns 12(3)\nsubstituted by 29/2019 s 131(3)\n1.1.2021\ns 12(4)\namended by 29/2019 s 131(4)\n1.1.2021\ns 13\namended by 66/1978 s 11\n18.1.1979\n\nsubstituted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 13(2)\namended by 29/2019 s 132(1), (2)\n1.1.2021\ns 16\nsubstituted by 29/2019 s 133\n1.1.2021\ns 17\nsubstituted by 66/1978 s 12\n18.1.1979\ns 18\n\n\ns 18(1)\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 18(2a)\ninserted by 125/1986 s 71(2) (Sch 3 Pt 2)\n30.11.1987\n\namended by 40/2012 Sch 6 cl 6\n1.1.2013\ns 18(3)\nsubstituted by 66/1978 s 13(a)\n18.1.1979\ns 18(4)\ndeleted by 66/1978 s 13(b)\n18.1.1979\ns 20\namended by 29/2019 s 134\n1.1.2021\ns 22\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 29/2019 s 135\n1.1.2021\ns 24\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 24A\ninserted by 66/1978 s 14\n18.1.1979\nss 25 and 26\ndeleted by 17/2006 s 166\n4.9.2006\nSch 1\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nSch\nSch 2 redesignated as Sch by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ncl 4\ndeleted by 29/2019 s 136(1)\n1.1.2021\ncl 5\namended by 29/2019 s 136(2)\n1.1.2021\ncl 6\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 29/2019 s 136(3)\n1.1.2021\ncll 8, 11—13, 16, 17 and 22\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ncll 26 and 27\ninserted by 66/1978 s 15\n18.1.1979\nSch 3\ndeleted by 66/1978 s 16\n18.1.1979\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 30\n182—Transitional provisions\n\t(1)\tA right of appeal under section 10A of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose subject to the following provisions:\n\t(a)\tif proceedings are yet to be commenced under section 10A(1) of the principal Act (as in existence immediately before the relevant day)—the relevant proceedings may be commenced before the Tribunal rather than by making application to the appeal board under that section;\n\t(b)\tif proceedings are yet to be commenced under section 10A(4) of the principal Act (as in existence immediately before the relevant day)—the relevant proceedings may be commenced before the Tribunal as a review of a decision of the appeal board rather than by making application to the Minister under that section.\n\t(2)\tNothing in subsection (1) affects any proceedings commenced before the relevant day.\n\t(3)\tA member of the Mines and Works Appeal Board holding office immediately before the day on which this subsection comes into operation will cease to hold office on that day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(4)\tIn this section—\nprincipal Act means the Mines and Works Inspection Act 1920;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—1.10.1991\n\nReprint No 2—30.10.2003\n\nReprint No 3—24.11.2003\n\n4.9.2006\n\n1.2.2010\n\n1.1.2013\n\n4.10.2018\n\n1.10.2019\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The legislative text was not returned by the source URL. The page error indicates a website restructure rather than any change to the legislation itself. No comparison between original and current scope can be made."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","A complexity score cannot be meaningfully assigned to unavailable content","Score of 1 reflects the absence of analysable material, not the likely complexity of the underlying Act","Historical legislation from 1920 would typically involve moderately complex industrial/regulatory provisions if the text were available"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Mines and Works Inspection Act 1920** (South Australia) could not be retrieved. The link provided returns a **'Page Not Found' error** from the South Australian legislation website, likely due to a website migration that occurred around **24 March 2026**.\n\n### What we know from the title alone:\n- This is **South Australian legislation** dating back to **1920**\n- It likely dealt with the **inspection of mines and associated works** — regulating safety, oversight, and compliance in the South Australian mining industry\n- It would have affected **mine operators, workers, and government inspectors**\n\n### ⚠️ Important note:\nThis Act may have been **repealed, replaced, or consolidated** into more modern mining safety legislation (such as the *Work Health and Safety Act 2012* or the *Mining Act 1971* in South Australia). You should check current SA legislation directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) for any operative replacement.\n\n**No reliable legal analysis can be provided without the actual legislative text.**"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted in 1920 as a safety and inspection statute, the Act has significantly expanded beyond pure workplace safety. The 1978 amendments introduced 'amenity' protection (visual/environmental character), which was later strengthened with SACAT review mechanisms in 2017-2019. The scope now encompasses environmental management, land rehabilitation, waste disposal, and community amenity protection – effectively making it a hybrid occupational health, safety and environmental statute rather than a narrow mining safety law. The Schedule also reveals expansion into areas like pre-mix concrete works and road-base plants that extend beyond traditional mining."},"complexity_factors":["Multiple amendment layers over 100+ years (1920 to 2019) creating inconsistent numbering and deleted sections","27-item Schedule listing regulatory subject matters with nested sub-items (e.g., Schedule item 11 has 7 sub-paragraphs on ventilation)","Cross-references to external legislation including SACAT Act 2013, Work Health and Safety Act 2012, Electricity Corporations Act 1994, and Roxby Downs/Whyalla Steel Works indentures","Complex defined terms with multiple exclusions and inclusions (e.g., 'mineral' has 14 sub-categories plus proclamation power; 'owner' has 4 exclusions)","Conditional enforcement mechanisms including default penalties (continuing offences), defence provisions (s 10(3a)), and specific limitation periods (6/12 months)","Dual inspection system with different rules for government inspectors vs miners' inspectors","Transitional provisions for abolished appeal board and transfer to SACAT jurisdiction"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law for keeping mines and mining-related works safe. It sets up a system of government inspectors who can enter mines at any time, check equipment, air quality, and working conditions, and order dangerous practices to stop immediately. It also gives workers the right to appoint their own \"miners' inspectors\" to check for safety hazards.\n\n**Who it affects:**\n\n- **Mine owners and operators** – they must allow inspections, follow safety orders, and keep proper records and plans\n- **Workers** – they get protection from unsafe conditions and can appoint their own safety representatives\n- **The general public** – the law protects against mining operations that create nuisances, damage property, or spoil the visual \"amenity\" (appearance/character) of an area\n- **Government inspectors** – appointed by the Governor to enforce the rules\n\n**Key powers and rules:**\n\n- **Inspectors** can enter mines day or night without notice, examine machinery, test air quality, investigate accidents, and issue binding orders to stop unsafe work or practices harming the environment\n- **Amenity protection** – inspectors can stop mining that unduly damages the visual character of an area, with reviews handled by the South Australian Civil and Administrative Tribunal (SACAT)\n- **Miners' inspectors** – workers can appoint two of their own to inspect the mine; owners must facilitate this\n- **Strict penalties** – fines up to $10,000 for confidentiality breaches, with higher penalties for repeat offences and potential jail time (up to 6 months) for wilful safety neglect that endangers lives\n- **No contracting out** – agreements cannot override safety requirements\n- **Regulations** – detailed technical rules can be made covering everything from ventilation and explosives to waste disposal and land restoration\n\n**Why it matters:**\n\nMining is inherently dangerous. This law creates a framework to prevent deaths and injuries through proactive inspection, gives workers a voice in safety, and balances resource extraction with environmental and community protection – particularly through the \"amenity\" provisions that let authorities stop mining that damages the character of an area."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been changed and refined by later amendments and by delegated regulation mechanisms. The text as consolidated shows that application and technical implementation have been narrowed and updated: for example, the Act as written applies to specific indenture operations and certain coal leases (s 5); regulatory powers were expanded to permit incorporation of external codes and documents (s 18(2a)), shifting detailed standards out of the Act into regulations and incorporated instruments. The Act also provides for Tribunal review of amenity orders (s 11), replacing earlier appeal arrangements, and contains provisions for cost recovery and default penalties (ss 10(4)–(6), 24A) that alter enforcement scope and incentives. These changes move many operational details from primary legislation into delegated instruments and administrative decision‑making, thereby changing how the statutory scope operates in practice."},"complexity_factors":["Broad discretionary powers given to inspectors to order cessation and remedial action (s 10) creating case‑specific enforcement outcomes.","Extensive delegation of technical detail to regulations and a large Schedule (s 18; Schedule items 11–27) requiring secondary instruments for operational clarity.","Multiple enforcement mechanisms (criminal penalties, default penalties, cost recovery to the Crown) with separate procedural rules (ss 10(3), 24A, 10(4)–(6)).","Limited but specific tribunal review pathway for amenity orders (s 11) combined with tight time limits (s 11(2)).","Interlocking roles between Governor, Minister, inspectors and authorised public servants (ss 6–7, 15, 19) increasing administrative complexity.","Confidentiality rule for trade and financial information (s 9) that restricts disclosure and affects evidence flows.","Historical amendments and cross‑references to other Acts and external codes (legislative history; s 18(2a)) requiring cross‑checking subordinate law and incorporated documents."],"plain_english_summary":"What this law does, in plain language\n\n- Mechanically: the Act creates a framework for inspecting, regulating and enforcing safety, health, nuisance and amenity standards at places where mining operations or associated works are carried out. It authorises the appointment of inspectors (including a chief inspector) (s 6), gives inspectors broad powers of entry, inspection and ordering remedial or cessation measures (s 7, s 10), establishes procedures for notices and prosecutions (ss 16, 19), sets penalties and default penalties for non‑compliance (s 10(3), s 24A), and enables regulations covering detailed technical and administrative matters listed in the Schedule (s 18 and Schedule).\n\n- Who it affects\n  - Owners and agents of mines and works are the primary regulated parties and are directly obliged to comply with inspectors’ orders, to permit inspections, and to keep records and plans as required (see definitions of owner, agent; ss 10(2)–(5); Schedule items 5 and 6).\n  - Persons employed in or about mines (including contractors and tributors) are subject to safety, health and employment restrictions (eg, underground work age limit) (s 17; Schedule items 11–14).\n  - Miners have a limited, statutory ability to appoint miners’ inspectors to inspect workings and report dangers (s 12).\n  - Inspectors, the Minister and authorised public service employees exercise investigative and enforcement powers (ss 6–7, 10, 15, 19).\n  - The South Australian Civil and Administrative Tribunal (Tribunal) can review certain inspector orders about amenity (s 11).\n\n- Why it matters (official purpose claims and how the Act pursues them)\n  - The Act is structured to ensure \"safety and health of all persons… and of the general public\" and to prevent nuisances, damage to property and undue impairment of amenity caused by mining operations; it does this through inspection powers, mandatory orders, and delegated regulations covering technical requirements (s 18; s 10(1)(c)–(e); Schedule).\n  - The Act supports accident inquiry and reporting powers (s 10(1)(c)(iv); s 15; Schedule item 8) and confidentiality limits on commercial disclosure where information is obtained under the Act (s 9).\n\nAnalysis of trade‑offs, incentives and likely effects (mechanisms, not judgments)\n\n- Who decides and where discretion sits\n  - The Governor appoints inspectors and the Minister authorises public servants for inspections (ss 6, 7). Inspectors have wide, on‑the‑spot discretion to enter mines at reasonable times and to order discontinuance of unsafe machinery/practices, cessation of operations for safety or amenity, or immediate evacuation where unsafe (s 10(1)(a), (d)–(f)). The Minister retains oversight functions (eg, may direct special inquiries (s 15) and approve inspectors carrying out remedial work (s 10(4))).\n  - Because many technical standards are left to regulations and the Schedule, much implementation detail is delegated to the executive (s 18; Schedule items 11–27). Regulations may adopt external codes (s 18(2a)).\n\n- Who pays and financial impacts\n  - Owners may face monetary penalties for contravening inspector orders (s 10(3)), default penalties for ongoing breaches (s 24A), and can be required to pay the cost of inspectors having remedial work carried out, recoverable as a debt to the Crown (s 10(4)–(6)).\n  - Fines arising from offences that cause injury or death may be distributed by Ministerial direction to victims or their relatives in certain circumstances (s 21); otherwise fines go to the Treasurer (s 21(3)).\n\n- Compliance burden and operational effects on business\n  - Businesses must allow unannounced inspections, keep specified plans and records, respond to directions to stop unsafe machinery or practices, and may be required to halt operations that unduly impair amenity (s 10; Schedule items 6, 11, 17, 18, 22, 25). These duties create direct administrative and operational costs (compliance, monitoring, possible downtime).\n  - The Act limits contract clauses that would prevent compliance (s 14), restricting the ability of owners to shift regulatory cost or liability by private agreement.\n\n- Legal and procedural checks\n  - Orders requiring cessation because of \"undue impairment of the amenity\" can be reviewed by the Tribunal within one month (s 11). The Tribunal may sit with appointed assessors experienced in mining operations or aesthetic/amenity assessment (s 11(3)–(4)). This provides a structured review route for a subset of inspector directions.\n  - Criminal prosecutions for offences under the Act can only be commenced by an inspector or a person authorised by the Minister, and are time‑limited (s 19).\n\n- Incentives and possible behavioural responses\n  - Because inspectors can order immediate cessation or require remedial work (s 10(1)(e)–(f), (4)–(6)) and costs can be recovered from owners, firms have incentives to invest in preventative safety, record‑keeping and compliance to avoid interruption and recovery of costs.\n  - The confidentiality restriction (s 9) protects certain commercial information arising in enforcement, which may reduce firms’ concern about public disclosure but limits external scrutiny of some administrative material.\n\n- Risks, trade‑offs and implementation issues to note\n  - Inspector discretion is broad (s 10). That concentrates decision‑making in inspectors on technical and amenity issues; the Tribunal review path for amenity orders is limited to those orders (s 11) and is time‑bound (one month) (s 11(2)).\n  - The regulatory architecture delegates detailed technical standards to the Governor by regulation and incorporates external codes (s 18(2a), Schedule), which speeds technical updating but requires administrative rule‑making to specify many operational obligations.\n  - Owners bear direct financial risk for remedial work and penalties (ss 10(5)–(6), 24A), which can affect operating costs or project viability in marginal cases.\n\nKey concrete behavioural effects (who pays, who decides, what changes)\n- Owners/agents pay for compliance, pay fines/default penalties for non‑compliance, and may be charged for remedial work recovered by the Crown (ss 10(3), 10(4)–(6), 24A).\n- Inspectors and the Minister decide on inspections, orders, inquiries and enforcement (ss 6–7, 10, 15, 19).\n- Businesses must allow entry, keep plans/records, follow directions (ss 7, 10, Schedule items 6 and 10), and cannot contract out of statutory duties (s 14).\n\nPrimary statutory sections to consult for practical application\n- Powers and orders of inspectors: s 10\n- Review of amenity orders: s 11\n- Miners’ internal inspection rights: s 12\n- Regulations and incorporation of external codes: s 18(2a) and Schedule\n- Penalties, default penalties and cost recovery: ss 10(3), 24A, 10(4)–(6)\n- Confidentiality of trade/financial information: s 9\n\nSummary sentence\nThe Act creates an inspector‑led, regulation‑driven system that lets the executive set technical requirements and authorises inspectors to enter, inspect and order remediation or cessation of mining activities to protect safety, health, property and amenity; owners and operators carry the operational, compliance and financial burdens, with limited review avenues for amenity decisions (ss 6–7, 10, 11, 18, Schedule)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/mines-and-works-inspection-act-1920","history":"/api/acts/mines-and-works-inspection-act-1920/history","analysis":"/api/acts/mines-and-works-inspection-act-1920/analysis","conflicts":"/api/acts/mines-and-works-inspection-act-1920/conflicts","importantCases":"/api/acts/mines-and-works-inspection-act-1920/important-cases","documents":"/api/acts/mines-and-works-inspection-act-1920/documents"}}