Mines and Works Inspection Act 1920

The Act defines several key terms in section 4(1). A mine means any place in, on, or under which any mining operation has been or is being carried on, and includes works. Works is defined exhaustively to mean a battery, crushing plant, ore concentrating works, cyanide or chlorination works, leaching plant, smelting or metal refining works, pellet plant, salt works, pre-mix concrete works, or road-base plant that is situated on or adjacent to the place at which a mining operation referred to in paragraph (a) of the definition of mining operation is carried on; or any works declared by regulation to be works (but excluding those declared by regulation not to be works). The definition of mining or mining operation captures operations carried on in the course of searching for or recovering any mineral (whether naturally occurring or otherwise), any operation carried on at any works, and any operation declared by proclamation to be a mining operation; but it excludes operations declared by proclamation not to be a mining operation. Mineral is broadly defined to include any metal, metalliferous ore, coal, guano, precious or other stone, salt, gypsum, gravel, shale, shell, sand, clay, soil, or earthy substance occurring in, on or under the ground or in the sea or any other waters, and any substance declared by proclamation to be a mineral. Owner means any person who is the immediate proprietor, 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 that is subject to a lease, grant, or licence, or is merely the owner of the soil and not interested in the products of the mine. Agent means the agent or representative of the owner of the mine. Inspector means an inspector of mines appointed under this Act, and includes the chief inspector of mines. Machinery means any machinery, plant, equipment, implement, or device used or designed or adapted for use in the course of any mining operation. Default penalty is provided for by section 24A and, where stipulated, means a daily penalty for continuing offences of not more than the amount specified or, if no amount is stipulated, not more than one hundred dollars. Another important concept is amenity, which appears in the powers of inspectors (s 10(1)(e)) and in the Schedule item 25. The Act does not define amenity further, but it relates to the aesthetic effect of mining operations on the environment. The concept is significant because orders made on amenity grounds are subject to a separate review mechanism under section 11, and the defence under section 10(3a) (that an order was not justified by its purpose) does not apply to such orders. The Act also creates a category of miners' inspectors , two persons appointed by the miners to inspect the mine, who are deemed to be workmen employed by the owner for workers compensation purposes (s 12(5)). The Governor may also appoint inspectors under section 6, and the Minister may authorise any Public Service employee to enter and inspect any mine for official purposes under section 7. The Schedule lists 27 subject matters for regulations, covering everything from inspectors’ powers (item 1) and inspections (item 2) to waste disposal (item 27), with particular emphasis on ventilation (item 11), health and sanitation (item 13), safety (item 14), explosives (item 16), winding ropes (item 17), shafts (item 18), ladders (item 19), signals (item 20), electricity (item 21), machinery (item 22), abandonment (item 24), and preservation of amenity (item 25).

The Act primarily affects owners and agents of mines to which the Act applies. An owner is defined broadly to include lessees, occupiers, contractors, and tributors, but not mere royalty or rent recipients or soil owners not interested in products. These persons bear the primary duty to comply with inspector orders and directions, to facilitate inspections by miners' inspectors, to ensure that persons below eighteen years of age are not employed underground without ministerial consent, and to comply with regulations made under the Act. Agents are treated in the same manner as owners for many purposes; they must furnish inspectors with the means necessary for entry and inspection, and they face penalties for obstructing or failing to assist inspectors. Inspectors are directly affected: they must be appointed by the Governor (s 6), are disqualified from office if they hold interests in mines or practice as land agents or mining engineers without ministerial authority (s 8), and are subject to confidentiality obligations regarding trade processes and financial information (s 9). They also have protection from civil action provided any action is commenced within six months of the cause of action (s 27). Miners , that is, persons employed in or about mines , are affected through the right to appoint miners' inspectors (s 12), through the prohibition on underground employment under eighteen years (s 17), and through the inspector's powers to order cessation of work or departure from unsafe mines (s 10(1)(f)). The general public is a relevant class because inspectors have powers to examine matters relating to the safety, health, or well-being of the general public (s 10(1)(c)(v)), to prevent nuisances, and to regulate impairment of amenity (s 10(1)(c)(vi)-(vii), (e)). The Minister has various functions: authorising inspectors’ actions, directing special inquiries into accidents (s 15), receiving applications for consent to employ persons under eighteen underground (s 17), approving inspector entry to carry out work (s 10(4)), and terminating appointments of miners' inspectors (s 12(6)). The South Australian Civil and Administrative Tribunal (SACAT) is affected as the body that reviews orders or directions made under section 10(1)(e) relating to amenity (s 11). SACAT must establish panels of assessors experienced in mining operations and in assessing aesthetic effect. The Governor makes regulations and may by proclamation declare substances to be minerals or declare operations to be or not to be mining operations (s 4(2)). The Treasurer receives fines not otherwise directed under section 21. Finally, the Crown is affected as a potential creditor where inspectors carry out work and recover costs as a debt due to the Crown (s 10(5)-(6)).

The Act imposes several duties and confers rights on different persons. Owners and agents must comply with orders and directions given by inspectors under section 10. Failure to comply or permitting a person to act in contravention attracts a penalty not exceeding $2,000 for a first offence and $4,000 for a subsequent offence, plus a default penalty not exceeding $200 per day (s 10(3)). An owner or agent must not refuse or neglect to furnish an inspector with the means necessary for making any entry, inspection, examination, or inquiry (s 13(2); maximum penalty $1,000). The owner or agent must take steps to facilitate an inspection by miners' inspectors appointed under section 12 (s 12(3)). The Act also prohibits any contract or agreement from precluding or exempting a person from doing acts necessary to comply with the Act, and renders void any penalty or forfeiture under such contract for doing those acts (s 14). Persons must not employ, suffer, or permit any person under eighteen years to be employed underground in a mine without the written consent of the Minister (s 17; maximum penalty $500).

Inspectors have broad rights and powers under section 10(1). They may, without previous notice, enter, inspect, and examine any mine and every part thereof at all times by day or night (provided they do not unnecessarily impede or obstruct working). They may examine into the state and condition of the mine, machinery, ventilation, accidents, matters relating to safety, health, well-being, nuisances, property damage, and amenity. They may order discontinuance of unsafe machinery, practices liable to affect safety or health, and practices likely to create a nuisance or damage property. They may order cessation of any mining operation or practice that unduly impairs amenity and give directions to prevent or reduce such impairment. They may order immediate cessation of work and departure of all persons from any mine they consider unsafe, or allow work to continue only on specified precautions. They may inspect storage and use of explosives. They may give directions as to practices or matters not provided for by regulations if considered necessary for health, safety, nuisance prevention, or property damage prevention. They may exercise other powers necessary to carry the Act into effect. An order or direction may be given orally or by notice in writing to the owner or agent, and to any other person either orally, by notice in writing, or by posting a written notice in a conspicuous position on the mine (s 10(2)). Inspectors also have a right, with the approval of the Minister, to enter and carry out work if an owner is found guilty of failing to comply with an order or direction to carry out work, and to recover the cost as a debt due to the Crown (s 10(4)-(6)).

Miners have rights under section 12. They may appoint two of their number, or two practical miners, to inspect the mine; on giving notice to the owner, those appointees must be allowed to inspect every part of the mine and all its machinery. If any part of the workings is considered unsafe by any miner, similar appointment and inspection rights arise. The persons so appointed are designated miners' inspectors and are deemed to be workmen employed by the owner for purposes of the Workmen's Compensation Act 1971 (s 12(5)). They must record and sign a true report of the inspection; if the report states danger, they must send a copy to the chief inspector and notify the owner of the danger (s 12(4)). The Minister may terminate any such appointment at any time if considered necessary or desirable (s 12(6)).

Any person who is required to comply with an amenity order or direction under section 10(1)(e) has a right to apply to SACAT for review within one month of the making of the order or direction (s 11). SACAT may sit with assessors experienced in mining operations or assessing aesthetic effect.

The Act imposes a duty of confidentiality on persons not to divulge information relating to trade processes or financial information obtained in the administration of the Act, except as authorised by the Act, with consent, to the Minister or prescribed officers for administration or enforcement, or for legal proceedings (s 9). Breach is punishable by a maximum penalty of $10,000.

The Act establishes a range of penalties for offences. Acting as an inspector while disqualified (by holding an interest in a mine, practising as a land agent or mining engineer without authority, or being otherwise employed in or about a mine) carries a penalty not exceeding $1,000 (s 8(2)). Breach of confidentiality under section 9 carries a maximum penalty of $10,000. Failure to comply with an inspector’s order or direction under section 10 attracts a penalty not exceeding $2,000 for a first offence and $4,000 for a subsequent offence, plus a default penalty (if applicable) not exceeding $200 (s 10(3)). Wilful obstruction, hindering, interference, or insulting language to an inspector in execution of duty carries a maximum penalty of $1,000 (s 13(1)). Refusing or neglecting to furnish an inspector with necessary means for entry or inspection carries a maximum penalty of $1,000 (s 13(2)). Employing a person under eighteen underground without ministerial consent carries a maximum penalty of $500 (s 17). Regulations may impose penalties not exceeding $1,000 for breach of a regulation, and may also provide for default penalties (s 18(3)). The default penalty mechanism (s 24A) applies where the expression “default penalty” appears in a provision. It provides that a person convicted of an offence in respect of a continuing act or omission is liable, in addition to the normal penalty, to a penalty for each day the act or omission continued of not more than the stipulated amount (or $100 if no amount is stipulated). If the act or omission continues after conviction, the person is guilty of a further offence and liable to a similar daily penalty. For omissions, the omission is deemed to continue for so long as the required thing remains undone after the period for compliance (s 24A(2)).

Enforcement is primarily through proceedings taken by an inspector or a person authorised by the Minister (s 19(1)). Proceedings must be commenced within six months from the time the matter 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 (s 19(2)). Costs incurred by or awarded against an inspector in such proceedings are payable out of moneys appropriated by Parliament, and the inspector is not personally responsible (s 19(3)). Where an owner or agent, or any person employed in or about a mine, commits an offence that the court finds was reasonably calculated to endanger safety or cause serious personal injury or a dangerous accident, and was committed wilfully by personal act, default, or negligence, the court may impose imprisonment for up to six months in lieu of a fine (s 20). The Act also provides for application of fines: where an offence causes loss of life or personal injury, the Minister may direct the fine to be paid to the injured persons or relatives of the deceased, provided those persons did not cause or contribute to the offence (s 21). Otherwise, fines are paid to the Treasurer for public uses.

In proceedings, the onus is on the defendant to prove that an alleged inspector is not an inspector, that an alleged owner or agent is not such a person, or that an alleged employee is not employed in the mine in question (s 22(a)). The Minister’s authorisation to take proceedings may be proved by production of a document purporting to be signed by the Minister (s 22(b)). The Act saves proceedings under other Acts or at common law: nothing prevents a person from being indicted or liable under another Act to a higher penalty, provided no one is punished twice for the same offence (s 23(1)). If a court before which a person is charged under this Act thinks proceedings ought to be taken under some other Act, it may adjourn to enable such proceedings (s 23(2)). Protection from civil action is given to inspectors and other persons acting in execution of their duty, provided any action is commenced within six months after the cause of action arises (s 27).

The Act explicitly interacts with several other statutes. Section 5 confines its application to operations under the Roxby Downs (Indenture Ratification) Act 1982, the Whyalla Steel Works Act 1958, and coal mining at Leigh Creek under section 48 of the Electricity Corporations Act 1994. This means that general mining operations in South Australia may be governed by other legislation, such as the Mining Act 1971, the Petroleum and Geothermal Energy Act 2000, and the work health and safety regime. The Act’s interaction with the Work Health and Safety Act 2012 is notable: regulations made under section 18(2a) may incorporate, adopt, or apply any code of practice approved under Part 14 Division 2 of the Work Health and Safety Act 2012, with or without modification, as in force at the time or as in force from time to time. This allows the mining regulations to reference modern safety codes. The Workmen’s Compensation Act 1971 is referenced in section 12(5), deeming miners’ inspectors to be workmen employed by the owner for compensation purposes. The South Australian Civil and Administrative Tribunal Act 2013 is referenced extensively in section 11: applications for review of amenity orders are made under section 34 of that Act, panels of assessors are established under section 22 of that Act, and the definition of Tribunal is that Act’s body. The transitional provisions in the Statutes Amendment (SACAT No 2) Act 2017 (Part 30, s 182) deal with the transfer of appeal rights from the former Mines and Works Appeal Board to SACAT. Section 23 of the Act expressly saves proceedings under other Acts or at common law, confirming that the Act does not displace concurrent liability; a person may face indictment or higher penalty under other law, subject to double jeopardy protection. The Act also preserves the right of the Crown to recover costs for inspector-performed work as a debt under section 10(5)-(6), which would be enforced through summary proceedings. The definition of “prescribed Act” in section 9 (which is not itself defined in the source text, but is referenced in the exception for divulging information) suggests interaction with other Acts for enforcement purposes. The Schedule item 8 (accidents) permits regulations to prescribe procedures at inquiries into accidents and evidence receivable, which would interact with coronial and work health and safety investigations. The protection of officers provision in section 27 is a standard provision found in many regulatory Acts, limiting the time for bringing civil actions against inspectors. The Act also operates alongside the common law of negligence and occupiers’ liability; nothing in the Act prevents a person from being liable under any other Act or otherwise to a higher penalty (s 23). The prohibition on contracting out in section 14 ensures that compliance with the Act cannot be waived by private agreement, reinforcing the mandatory nature of the duties.

The Mines and Works Inspection Act 1920 has been amended many times. The principal Act was assented to on 9 December 1920 and commenced on 20 January 1921. Significant amendments include the Mines and Works Inspection Act Amendment Act 1955, 1962, 1964, 1966, 1970, and 1978. The 1978 amendment (Act No 66 of 1978) was particularly substantial: it inserted the definition of default penalty, substituted the definitions of machinery and works, inserted definitions of mineral and mining or mining operation, deleted the definition of manager (originally, though later reinstated and then deleted again in 2019), inserted section 4(2) allowing proclamations to declare minerals and mining operations, substituted section 7 inspection provisions, amended section 8 disqualification, inserted section 10(4)-(6) regarding inspector entry to carry out work, inserted section 11 (amenity) though later deleted, amended sections 12 and 13, substituted section 17 (underground employment of minors), substituted section 18(3) penalty provision, and inserted section 24A on default penalties. The amendment also inserted Schedule items 26 (certification) and 27 (waste). The Occupational Health, Safety and Welfare Act 1986 (Act No 125 of 1986) amended section 9 (confidentiality) and inserted section 18(2a) allowing incorporation of codes of practice. The Statutes Amendment (Mining) Act 2003 (Act No 39 of 2003) substituted a new section 9 on confidentiality. The Statute Law Revision Act 2003 (Act No 44 of 2003) deleted sections 2, 3, and 24, deleted Schedule 1, redesignated Schedule 2 as the Schedule, and made other minor amendments. The Work Health and Safety Act 2012 (Act No 40 of 2012) amended section 18(2a) to refer to that Act’s codes of practice. The Statutes Amendment (SACAT No 2) Act 2017 (Act No 51 of 2017) deleted former review provisions (ss 10A-10C) and inserted a new section 11 providing for review of amenity orders by SACAT. The Statutes Amendment (SACAT) Act 2019 (Act No 14 of 2019) made further amendments to section 11. The most recent substantive amendment is the Statutes Amendment (Mineral Resources) Act 2019 (Act No 29 of 2019), which commenced on 1 January 2021. This amendment: deleted the definition of manager from section 4(1); substituted section 5 to confine application to the specific indentures and Leigh Creek coal operations; amended section 8(1) (disqualification) to remove certain references; amended section 10(2) (service of orders) and section 10(3) (penalties); substituted section 16 (service of notices) to allow electronic service; substituted section 12(3) (facilitation of miner inspections); amended section 12(1), (2), (4); amended sections 13(2), 20, 22, and Schedule items (deleting item 4, amending items 5 and 6). The legislative history also notes that sections 25 and 26 were deleted by the Statutes Amendment (New Rules of Civil Procedure) Act 2006. The Act’s schedule of amendments since 1976 is comprehensively set out in the source.

The Act itself does not record any specific litigation history. The transitional provisions in the Statutes Amendment (SACAT No 2) Act 2017 (Part 30, s 182) give some insight into the pre-existing appeal system under former sections 10A to 10C. Those provisions allowed appeals to the Mines and Works Appeal Board, with further application to the Minister. The transitional provisions deal with rights of appeal in existence before the relevant day (4 October 2018) and provide that unexercised rights may be exercised before SACAT instead. This indicates that there was a body of decisions under the former appeal provisions, though not detailed in the source. The amenity review mechanism under current section 11 is a relatively new addition (inserted in 2017, amended in 2019), so there may be limited SACAT decisions to date. The Act’s enforcement provisions (s 19) contemplate proceedings by inspectors in a court of summary jurisdiction, with a six-month limitation period from knowledge. The defence in section 10(3a) , that an order or direction (other than an amenity order) was not justified by its purpose , has been available since the 2003 re-enactment, and it would likely be litigated where an owner challenges an inspector’s order. Section 22 places the onus on the defendant to disprove certain allegations, a reversal that may be contested in proceedings. Section 20’s imprisonment power for wilful neglect is a strong sanction that has likely been used sparingly; the court must find the offence was committed wilfully by personal act, default, or negligence and that a fine would not meet the circumstances. There is no list of reported cases in the source, and the analyst must not invent any. The protection of officers provision (s 27) requires any action against an inspector to be commenced within six months; this limitation period has been the subject of judicial interpretation in other contexts. The prohibition on contracting out (s 14) may also have been litigated in disputes over contractual provisions that purport to waive compliance. The interaction with the Work Health and Safety Act 2012, through regulation-making power, may give rise to proceedings under that Act for breaches of codes of practice incorporated into mining regulations. The source provides no further litigation details, so this section must note the absence of specific cases in the Act’s text and explain the mechanisms that would generate litigation.

Practitioners should watch for several less obvious provisions. The definition of owner is intentionally broad: it includes contractors and tributors, but excludes those who merely receive a royalty. This means that an independent contractor working a mine may be treated as the owner for all purposes under the Act, including liability for compliance with inspector orders. The definition of mine includes “works”, and works are defined to include specific plant types situated on or adjacent to the mining operation. A crushing plant or salt works that is not adjacent may not be captured unless declared by regulation. The power to give orders and directions under section 10(2) is extremely flexible: an order may be given orally to an owner or agent, or by posting a notice on the mine. An oral order is binding, and failure to comply attracts penalties. The defence under section 10(3a) , that the order was not justified by its purpose , is expressly not available for amenity orders made under section 10(1)(e). This means that an owner subject to an amenity order cannot argue in penalty proceedings that the order was unreasonable; the only challenge route is through the SACAT review under section 11, which must be initiated within one month. The limitation period for commencing prosecutions is tight: six months from the inspector’s knowledge, and in any case no later than twelve months after the offence (s 19(2)). This means that evidence of offences must be gathered quickly. The onus of proof reversal in section 22 is significant: the defendant must prove that a person alleged to be an inspector is not in fact an inspector, or that an alleged owner or agent is not such. This places a practical burden on the defence. The default penalty regime in section 24A applies automatically wherever the expression “default penalty” appears, which it does in section 10(3) (amount $200). A continuing failure to comply with an order can result in daily penalties accruing both before and after conviction. The prohibition on contracting out (s 14) means that a mining contract cannot validly require a party to refrain from complying with the Act, and any penalty for doing so is unenforceable. The prohibition on underground employment of persons under eighteen years without Minister consent (s 17) applies to “suffer or permit” as well as direct employment, so an owner or agent could be liable if they knowingly allow an under-age worker underground. The confidentiality obligation (s 9) is broad: it covers trade processes and financial information obtained “in the administration of this Act”. The penalty is $10,000. The disqualification for inspectors (s 8(1)) is strict: an inspector must not hold any interest in any mine within the State, even indirectly. This could catch a spouse’s shareholding. The protection of officers (s 27) requires any civil action against an inspector to be commenced within six months of the cause of action , a much shorter period than the usual limitation. The ability of the Minister to terminate a miners’ inspector’s appointment at any time (s 12(6)) could be used to remove a troublesome appointee. The power of the governor to make regulations under the Schedule is extremely broad, and the Schedule item 25 on preservation of amenity allows regulations to regulate, restrict, or prohibit operations that interfere with the surface, require screening of plant, and require restoration of the surface. These may impose significant costs. Finally, the Act’s application is limited to the four specific operations under section 5 , Roxby Downs, Whyalla, and Leigh Creek , so many mines in South Australia are not subject to this Act at all, though they may be subject to other mining and safety legislation.

For owners and agents of mines to which the Act applies (Roxby Downs, Whyalla, Leigh Creek coal), compliance begins with understanding the inspectorate’s powers. Inspectors may arrive without notice at any time, day or night, and must not be obstructed. Owners and agents should ensure that all persons at the mine are aware that inspectors have the right to enter and that obstruction is a separate offence. Inspectors may give oral orders; these should be taken seriously and recorded immediately in a log. If an inspector gives an order to discontinue use of machinery, cease a practice, or stop work, compliance is mandatory unless a defence applies (and for amenity orders, the only recourse is SACAT review within one month). The Act provides no right to a hearing before an order is made; the owner must comply and challenge later where possible. Owners must also facilitate inspections by miners’ inspectors appointed under section 12. This requires allowing access to every part of the mine and all machinery, and taking steps to assist the inspection. The owner or agent may accompany the inspectors. The result of such inspections must be recorded and, if danger is found, reported to the chief inspector and the owner. Regular record-keeping and maintenance of required plans and sections (Schedule item 6) is essential. The employment of persons under eighteen years underground is prohibited without the written consent of the Minister; an owner should obtain such consent before allowing any under-age worker underground. Training and induction should alert workers to this prohibition. The prohibition on contracting out (s 14) means that owners cannot include contractual terms that purport to exempt them from compliance or that penalise workers for complying with the Act. Any such term would be void.

Compliance with regulations made under the Act is required. The regulations may cover ventilation standards, health and sanitation, safety, explosives, winding machinery, shafts, ladders, signals, electricity, machinery operation, abandonment, amenity, certification, and waste disposal. Owners should ensure they have current copies of any regulations and that all relevant personnel (including agents, shift bosses, and machinery operators) are trained. The Act’s default penalty regime means that continuing non-compliance with an order or regulation can quickly accumulate significant fines. Where an inspector orders work to be done and the owner fails to comply, the inspector may enter and do the work and recover the cost as a debt to the Crown; a certificate signed by the chief inspector as to cost is prima facie evidence (s 10(4)-(6)). This is a powerful enforcement tool. Records of compliance with orders should be kept meticulously, including the date and time of oral orders and any written notices.

Confidential information obtained in the administration of the Act (such as trade processes or financial information) must not be disclosed except in the limited circumstances set out in section 9. This applies to inspectors and doubtless to any person who comes into possession of such information. Breach is punishable by a $10,000 fine. Any person involved in mine management should therefore treat such information with care. The limitation on civil actions against inspectors (s 27) means that any challenge to an inspector’s actions must be brought within six months; owners should obtain legal advice promptly if they consider an inspector has acted outside power or negligently. The onus of proof reversal (s 22) means that in defending proceedings, the defendant bears the burden of disproving the identity of the inspector, owner, agent, or employee. This makes it important to know who holds those roles. The Act does not require an owner to obtain a licence or registration, but the Schedule item 3 contemplates regulations requiring appointment of agents and registration with the Minister. Owners should ensure that any appointed agent is registered if regulations require it. Finally, given the Act’s narrow application, an operator should first confirm that the Act applies to their specific operations; if it does not, they must comply with other applicable South Australian legislation, particularly the Work Health and Safety Act 2012 and the Mining Act 1971, which may impose equivalent or more stringent duties.