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No. 26963

GOVERNMENT GAZETTE, 12 NOVEMBER 2004 DEPARTMENT OF MINERALS AND ENERGY DEPARTEMENT VAN MINERALE EN ENERGIE



No. R. 1304

12 November 2004

MINE HEALTH AND SAFETY ACT, 1996 (ACT No 29 of 1996)

Under section 98 (1) (Y) of the mine Health and Safety Act, 1996 (Act No 29 of 1996), I Phumzile Mlambo-Ngcuka, Minister of Minerals and Energy, hereby make the regulations in the Schedule.

GCUKA ERALS AND ENERGY

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SCHEDULE CHAPTER 17 SURVEYING, MAPPING AND MINE PLANS

17(1)

DEFINITIONS

In this Chapter, unless the context indicates otherwise "bedded mineral deposit" means any reef, coal seam, lode, mineral bed or fissure, which occurs conformably within it's country rock and is not of a massive nature; "chart datum" means the height referencing datum as determined by the Hydrographer of the South African Navy; "competent person" means: (a) in the case of an underground mine or an opencast mine where blasting takes place, a person in possession of a Mine Surveyor's Certificate of Competency issued by the Department of Minerals and Energy; or a person in possession of at least a Level 6 qualification in mine surveying and mapping registered on the National Qualifications Framework and which qualification includes appropriate and relevant legal knowledge; (b) in the case of an opencast mine where blasting does not take place, a person in possession of a Mine Surveyor's Certificate of Competency issued by the Department of Minerals and Energy; or a person who has passed the examination for legal knowledge as is required for the Department's Mine Surveyor's Certificate of Competency and who is in possession of either :(i) an advanced Certificate in Mine Surveying issued by the Chamber of Mines of South Africa and who has at least three (3) years practical experience in mine surveying; or National Diploma in Mine Surveying issued by a tertiary institution accredited by the Department of Education; or a person in possession of at least a Level 5 qualification in mine surveying and mapping registered on the National Qualifications Framework and which qualification includes appropriate and relevant legal knowledge;

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GOVERNMENT GAZETTE, 12 NOVEMBER 2004

(c)

in the case of mining at sea, a person in possession of a Mine Surveyor's Certificate of Competency related to sea mining issued by the Department of Minerals and Energy; or a person who has passed the examination for legal knowledge as required for the Department's Mine Surveyor's Certificate of Competency and who is in the possession of either :-

(i)

a National Diploma in Hydrographic Surveying issued by a tertiary institution accredited by the Department of Education; or an equivalent qualification in hydrographic surveying recognized by the Council for Professional and Technical Surveyors of South Africa; or a person in possession of at least a Level 5 qualification in hydrographic surveying registered on the National Qualifications Framework and which qualification includes appropriate and relevant legal knowledge.

(ii)

"fixed position" means any point other than a survey station which is fixed within the relevant accuracy requirements for the class of survey concerned, and which is used for the purpose of locating details to be shown on plans; "fluid material" means any substance, excluding gas, that has a potential to flow, including water, slimes and mud; "hazardous service" means any object, structure or installation rendering a service with a potential risk to health or safety; "plan(s)" means any plan, section or projection required to be prepared by these regulations; "reserve" means any piece of land over which a servitude is registered or reserved for possible registration of a servitude in respect of roads, railways, power lines, pipe lines, conveyor lines, canals, etc.; "restricted area" means any area where mining is restricted due to significant risk; "risk assessment" means the hazard identification and risk assessment required in terms of section 11 of the Act; "safety pillar" means every portion of a reef, mineral deposit or ground left in situ for the support and protection of the surface, objects thereon or underground working; "sea" means the sea as defined in the Sea Shores Act, Act No 21 of 1935

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"survey point" means any easily identifiable point located by localised surveying, other than a survey station; "survey station" means any point that has been surveyed within the prescribed standards of accuracy; and "workings" means any excavation made or being made for the purpose of searching for or winning minerals or for any purpose connected therewith.
GENERAL REQUIREMENTS AT SEA AND ON LAND Responsibility for Surveying, Mapping and Mine Plans

17(2)

The employer must engage the part -time or full-time services of a competent person to be in charge of surveying, mapping and mine plans at the mine, and if the services of more than one competent person are engaged, ensure that their functions do not overlap. No person may withhold from the employer any survey records or plans prepared in terms of these regulations. The employer must take reasonable measures to ensure, in all surveying and mapping done and all plans prepared for purposes of these regulations by the competent person referred to in regulation 17(2), that

17(3)

17(4)

Units of Measure

17(4)(a)

all units of measure conform to the metric system, except angular measurements which must conform to the sexagesimal system; Survey System

17(4)(b)

all mine surveys conform to the National Control Survey System as determined by the Chief Director: Surveys and Mapping as contemplated in the Land Survey Act, Act No 8 of 1997. The projection origin may however be changed to reduce the numerical values of the co -ordinates. Survey systems established on a mine prior to 1 January 1999 may be retained provided that a tabulation of the co -ordinates of at least 3 (three) survey stations in both the existing and the national control survey system, are shown on every sheet comprising a plan; Datum Plane

17(4)(c)

elevations determined above and below ground on a mine refer to mean sea-level, based on the South African Land Levelling Datum as determined by the Chief Director: Surveys and Mapping as contemplated in the Land Survey Act, Act No 8 of 1997. In the case of prospecting and mining at sea, all elevations determined and soundings taken must refer to chart datum;

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GOVERNMENT GAZETTE, 12 NOVEMBER 2004

Chart Datum 17(4)(d) elevations determined at sea for all offshore mine surveying and mapping must refer to chart datum unless otherwise specified by the Chief Inspector of Mines. The relationship of chart datum to the South African Land Levelling Datum must be noted in the title block of all plans of prospecting and mining operations ; Colours and Sign Conventions 17(4)(e) all plans conform to the conventional signs and colours provided by the Director: Mine Surveying; and Back up of Electronic Information 17(4)(f) if survey records required in terms of these regulations are kept electronically, they are adequately backed up. SAFETY PRECAUTIONS Responsibilities regarding safety precautions 17(5) The employer must take reasonable measures to ensure that the competent person referred to in regulation 17(2) is at all times aware of 17(5)(a) 17(5)(b) 17(5)(c) workings which are being advanced; surface structures or objects which may be affected by mining; workings being abandoned or closed down, in order to allow the final surveying thereof; faces of workings being advanced within 50 (fifty) metres or any lesser distance determined by risk assesment, from any excavation, mining restricted area or any place where there is, or is likely to be, a dangerous accumulation of fluid material, noxious or flammable gas; and safety pillars that are being, or have been, removed .

17(5)(d)

17(5)(e) 17(6)

The employer must ensure that 17(6)(a) no mining operations are carried out under or within a horizontal distance of 100 (one hundred) metres from buildings, roads, railways, reserves, mine boundaries, any structure whatsoever or any surface, which it may be necessary to protect, unless a shorter distance has been determined safe by risk assessment and all restrictions and conditions determined in terms of the risk assessment are complied with;

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17(6)(b)

where ground movement, as a result of mining operations, poses significant risk, an effective ground movement monitoring system is in place.

17(7)

No person may erect or construct any buildings, roads, railways, or any structure within a horizontal distance of 100 metres from the workings of a mine, or such lesser distance and at such positions and subject to such restrictions and conditions, determined by 17(7)(a) risk assessment; or 17(7)(b) the Chief Inspector of Mines . The person(s) responsible for activities in terms of regulations 17(6)(a) and 17(7)(a) must 17(8)(a) in the case of an employer, provide the Chief Inspector of Mines with the distance and accompanying restrictions and conditions for comment, prior to commencement of such activity; in the case of other persons, provide the Chief Inspector of Mines with the distance and accompanying restrictions and conditions for approval, prior to commencement of such activity.

17(8)

17(8)(b)

17(9)

The employer must take reasonable measures to ensure that the relevant survey records and plans resulting from conditions described in regulation 17(5)(a) to 17(5)(e) are updated by the competent person referred to in regulation 17(2) at intervals not exceeding 3 (three) months. Boundary Pillars

17(10)

The employer must ensure that on the inside of every mine boundary, continuous pillars are left standing (in situ) the width of which, measured horizontally and at right angles to the boundary line, must not be less than 17(10)(a) 17(10)(b) for underground coal mines, 15 (fifteen) metres; for all other mines, 9 (nine) metres.

17(11)

The employer must take reasonable measures to ensure that no boundary pillars are worked or cut through unless written permission has been obtained from all relevant adjacent employers and the Principal Inspector of Mines . In the absence of any adjacent employer, permission need only be obtained from the Principal Inspector of Mines to work or cut through such boundary pillars.

17(12)

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GOVERNMENT GAZETTE, 12 NOVEMBER 2004

Check Survey 17(13) Should the Director: Mine Surveying be of the view that there may be errors in any survey or plans constructed there from or where they do not conform to the standards of accuracy required by these regulations, such Director may cause a check survey to be carried out. The cost of such check survey must be borne by the employer if it is proved that there are errors in any survey or plans constructed therefrom, or that they do not conform to the standards of accuracy required by these regulations. SURVEY PRACTICE ON LAND (SURFACE AND UNDERGROUND) AN]) AT SEA 17(14) The employer must take reasonable measures to ensure that in all surveying and mapping done and all plans prepared for purposes of these regulations by the competent person referred to in regulation 17(2): Survey Stations 17(14)(a) sufficient survey stations are established, so that all surface objects and all workings can be accurately surveyed. Each survey station must be clearly marked with a unique number and recorded in a register; Standards of Accuracy: Surface and Underground 17(14)(b) the minimum standard of accuracy and class of survey for the fixing of survey stations on both horizontal and vertical planes are in accordance with the following formula: S A = 0,015 + ----------30 000 where S is the distance in metres between the known and the unknown survey station; provided that in the case of a traverse, after a check survey has been completed, the error in direction of a line between any two consecutive survey stations must not exceed 2 (two) minutes of arc, provided that the horizontal and vertical displacement between the measured position and final position of a survey station does not exceed 0,1 (zero comma one) metres; 17(14)(b)(i) the allowable error for a Primary Survey (Class A) is not greater than A metres. Primary Survey means any survey carried out for the purpose of fixing shaft positions, shaft stations, underground connections, upgrading of secondary surveys to primary surveys and establishing primary surface survey control; the allowable error for a Secondary Survey (Class B) is not greater than 1,5A metres. Secondary Survey means any survey carried out for the purpose of fixing main or access development, mine boundaries and establishing secondary surface survey control;

17(14)(b)(ii)

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17(14)(b)(iii)

the allowable error for a Tertiary Survey (Class C) is not greater than 3A metres. Tertiary Survey includes survey stations established from secondary survey stations for localised survey purposes; the allowable error for a Localised Survey is not greater than 0,2 (zero comma two) metres in addition to the allowable error at the nearest survey station. Localised Survey means measurements taken from a survey network to locate surface or underground workings, structures and features. This includes normal tape triangulation for month-end measurements, plugging, offsetting and tacheometric work; Accurate Representation on Plan

17(14)(b)(iv)

17(14)(b)(v)

errors in representation on plan do not exceed 0,1% (zero comma one per cent) of the denominator of the scale of the plan, in addition to the allowable survey error at the nearest survey station or fixed position. Where the surveying cannot be accurately done due to significant risks, the estimated position of affected workings or objects must be indicated by broken lines. An explanatory note must be written giving reasons why accurate measurements could not be made; Standards of Accuracy at Sea

17(14)(c) all fixed positions determined at sea for the purpose of locating detail to be shown on plans, are verified to within a horizontal accuracy of 30 (thirty) metres. In determining bathymetric data, soundings based on chart datum must be established to within 0,30 (zero comma three zero) metres for water depths of 0,0 (zero) to 30 (thirty) metres and to within 1 % (one percent) of water depths of 30 (thirty) metres and more; Details required on Plans 17(14)(d) the following detail is depicted on all plans where applicable17(14)(d)(i) 17(14)(d)(ii) 17(14)(d)(iii) 17(14)(d)(iv) 17(14)(d)(v) 17(14)(d)(vi) 17(14)(d)(vii) 17(14)(d)(viii) 17(14)(d)(ix) 17(14)(d)(x) date of measurement of workings; surface contours; planes of sections or planes of plans; a subject heading indicating the name of the mine and th e name of the plan; name and signature of the competent person referred to in regulation 17(2) against relevant date of updating; identification number allotted by authorities; the survey system and co-ordinates of origin used; a north point; the scale of the plan; a legend illustrating colours and conventional signs not provided for by the Director: Mine Surveying;

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GOVERNMENT GAZETTE, 12 NOVEMBER 2004

17(14)(d)(xi)

co-ordinate lines sufficient in number for the scale of the plan to be verified; in the case of mining at sea, the centre position of the sheet must be indicated in geographic co-ordinates (longitude and latitude);

17(14)(d)(xii)

Material and Size of the plans

17(14)(e)

all plans are drawn on durable transparent draughting material on sheets of a size not greater than AD as defined by the International Organisation for Standardisation. The Director: Mine Surveying may request in the case of plans produced by means of computer aided draughting (CAD), that such plans be produced on suitable draughting material;
Scale of Plans - Land

17(14)(f)

all plans are drawn to a scale of 1:1 500 in the case of a coal mine, and 1:1 000 in the case of any other mine;
Scale of Plans - Sea

17(14)(g)

in the case of mining at sea, the general plan referred to in regulation 17(27) is drawn to a legible scale; Plans to be Kept Up to Date

17(14)(h)

plans are at all times correct to within 12 (twelve) months, except for the plans showing the workings which must at all times be correct to within 3 (three) months. In the case of offshore prospecting and mining, plans must at all times be correct to within 6 (six) months;
Inventory of Plans

17(14)(i)

inventory of all plans and all copies called for in terms of regulation 17(28) is kept, showing the following details 17(14)(i)(A) 17(14)(i)(B) 17(14)(i)(C) 17(14)(i)(D) name of the mine; name and number of the plan; date of the last updating of the plan and the name of the competent person referred to in regulation 17(2); relevant details where a plan has been superseded; and

Superseded Plans 17(14)(j) when a plan or sheet is superseded by another plan or sheet, the old and the new plan are referenced accordingly.

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MINE PLANS 17(15) The employer must take reasonable measures to ensure that the competent person referred to in regulation 17(2) constructs accurate plans, as contemplated in regulations 17(16) to 17(27), which are readily available to the employer. Such plans must cover at least all restricted areas and the areas where the surface infrastructure or workings occur.
Index Key Plan

17(16)

A legible index key plan, showing the areas covered by the relevant plan sheets, the mine boundaries and the farm names and boundaries withi n and adjacent to the mine, or this detail may be shown on every plan sheet as an inset key plan drawn to a legible scale. Surface Plan

17(17)

A plan of the surface showing the boundaries of the mining area, names of adjacent mining areas, the primary surface survey stations, outcrops and dips of the mineral deposits, perimeters of all surface mining, shafts, openings, rescue boreholes, subsidence or cavities, areas of restricted mining affecting the surface, any hazardous services whether on surface or buried and every surface object, structure or reserve which requires protection against mining . Surface Contour Plan

17(18)

A surface contour plan showing relevant mine and farm boundaries, original surface contours, boreholes and watercourses . Mine Ventilation and Rescue Plan

17(19)

At every underground mine, a ventilation and rescue plan of the workings, taking into consideration the requirements of regulation 17(23), drawn to a legible scale depicting the ventilation districts, the direction of air currents, the quantity of air circulating in such ventilation district and the position of each fan, door, regulator, crossing, stopping and telephone, the position of each refuge bay, rope -aided or normal escape route, safe place, first aid room, main water valve, fire fighting equipment site and any area sealed off for fire or spontaneous combustion.

17(19)(a) A square grid, lettered horizontally and numbered vertically, drawn to a suitable scale must be shown on the plan contemplated in regulation 17(19). 17(19)(b) An updated hard copy of the plan contemplated in regulation 17(19) must be immediately available at the mine for rescue operation purposes. In the case of a coal mine, an updated hard copy must be submitted to the Principal Inspector of Mines at intervals not exceeding 3 (three) months.

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GOVERNMENT GAZETTE, 12 NOVEMBER 2004

Rehabilitation Plan 17(20) A rehabilitation plan showing the final surface contours and established water courses. Mine Residue Deposit Plans 17(21) Separate plans and sections of mine residue deposits containing fluid material. Geological Plan 17(22) A plan, drawn to a legible scale, depicting geological features that could affect mining, or these features may be shown on the plan(s) referred to in regulation 17(23). Plans of the Workings 17(23) Plans of the workings showing the following: boundaries of the mining area; names of adjacent mining areas; outlines and dips of the workings; heights representative of workings; survey stations; relevant survey points; areas in which mining has been restricted or prohibited; dams; explosives magazines; lines indicating the planes of sections; faults; dykes and water plugs. In the case of underground mines: 17(23)(a)(i) Where a bedded mineral deposit has an averag e inclination to the horizontal of more than 60° (sixty degrees), a plan showing the projection of the workings onto a vertical plane parallel to the average strike Where multiple bedded mineral deposits overlie each other, the workings thereof must be shown on separate plans. Where a massive or irregular ore body is worked, level plans and vertical sections through the workings must be kept .

17(23)(a)

17(23)(a)(ii)

17(23)(a)(iii)

17(23)(b) in the case of surface mines: 17(23)(b)(i) Where bedded mineral deposits are worked by surface mining methods, there must be shown on the surface plan sufficient data regarding the thickness and elevation of every mineral deposit worked in a suitable grid pattern. As an alternative to the grid pattern data, vertical sections may be kept, the lines of which must be indicated on the surface plan.

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level plans or vertical sections or a composite plan showing all the bench outlines, must be kept. Level Plans and Vertical Sections 17(24) Level plans must show the outline of all workings at suitably chosen elevations. In the case of underground mines, the detail required in regulation 17(23) must be shown. Vertical sections must be drawn through the workings shown on the plans contemplated in regulations 17(23)(a)(iii) and 17(23)(b) to show the appropriate detail required for level plans. General Plan - Mining on Land 17(26) A general plan must be constructed, showing the detail required in regulations 17(17), 17(18) and 17(23) on one plan instead of on three separate plans, or a general surface plan showing the detail required in regulations 17(17) and 17(18) on one plan instead of on two separate plans. General Plan - Mining at Sea 17(27) A general plan must be constructed showing the boundaries of the mining area, the names of adjacent mining areas and the locality of semipermanent production rigs and platforms. Departmental copies of plans 17(28) The employer must provide the Principal Inspector of Mines annually wit h updated copies of the plans. In the case of computer aided draughting (CAD), legible plans in book form (approximately A3 size) or a copy of the index key plan referred to in regulation 17(16), indicating additionally the outlines of the workings as well as the surface infrastructure, and a copy of the back -up referred to in regulation 17(4)(f) must be provided. Unsatisfactory Plans 17(29) Where plans are deficient, the Director: Mine Surveying may have the mine surveyed and new plans prepared at the expense of the employer. Plans Confidential 17(30) The Principal Inspector of Mines and the Director: Mine Surveying must keep information contained in any plan confidential and may only release such information in accordance with the Promotion of Access to Information Act (Act 2 of 2000).

17(25)

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GOVERNMENT GAZETTE, 12 NOVEMBER 2004

MINE CLOSURE Plans brought Up to Date 17(31) The employer must take reasonable measures to ensure that, before a mine is abandoned, closed or rendered inaccessible, the plans and departmental copies thereof referred to in regulation 17(28) are brought up to date by the competent person referred to in regulation 17(2) and that the Director: Mine Surveying is notified to inspect such plans for approval. Plans and Books to be Handed In 17(32) The employer must take reasonable measures to ensure that updated hard copies of the plans, copies referred to in regulation 17(28) and inventories thereof on durable draughting material, together with the survey station register are handed in at the office of the Director: Mine Surveying, following the inspection and approval of the plans as contemplated in regulation 17(31) . Certificate of compliance 17(33) The Director: Mine Surveying must issue a certificate of compliance with the requirements of regulations 17(31) and 17(32) to the employer within 60 (sixty) calendar days of compliance in respect of the said regulations.

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