The use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena Gloy
The South African mining industry has become known to be an important contributor to the South African economy. Subsequently, the closure of mines due to various reasons has resulted in major economic losses for mines. This study's aim is to investigate the mine closures caused by the regulator...
Main Author: | |
---|---|
Language: | en |
Published: |
2015
|
Subjects: | |
Online Access: | http://hdl.handle.net/10394/15256 |
id |
ndltd-NWUBOLOKA1-oai-dspace.nwu.ac.za-10394-15256 |
---|---|
record_format |
oai_dc |
spelling |
ndltd-NWUBOLOKA1-oai-dspace.nwu.ac.za-10394-152562016-03-16T04:01:19ZThe use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena GloyGloy, MagdalenaArtikel 54 stoppeWet op Gesondheid en Veiligheid in Myne Wet 29 van 1996Mynveilgheids- en GesondheidsinspektoraatToepassingsriglyneVoldoeningDiskresionêre magteSection 54 stoppagesMine Health and Safety Act 29 of 1996Mine Health and Safety InspectorateEnforcement GuidelinesComplianceEnforcementDiscretionary powersThe South African mining industry has become known to be an important contributor to the South African economy. Subsequently, the closure of mines due to various reasons has resulted in major economic losses for mines. This study's aim is to investigate the mine closures caused by the regulatory body, namely the Department of Mineral Resources via the enforcement of the Mine Health and Safety Act (MHSA) by the Mine Health and Safety Inspectorate. The Mine Health and Safety Inspectorate has wide discretionary powers that enables them to close a mine or part thereof, often inconsistently or unfounded which may result in economic and other losses. The closure of mines due to compliance issues, known as section 54 stoppages, has caused a fiery debate and controversy within the mining industry due to the inconsistent issuing of such compliance orders. It resulted in the closure of mines for certain periods of times. The South African courts have been approached to interpret section 54, but it appears that there are still challenges remaining. Whilst the legislation in place is based on the duty posed on the employer to provide a workplace that is safe and without risk to the employee, the manner in which the legislative provisions are enforced, specifically the closures of or part of a mine, has to be investigated, the root problem/s identified and addressed. This study compares the enforcement measures of the MHSA with that of the Occupational Health and Safety Act and the National Environmental Management Act in order to make recommendations the more effective and efficient enforcement of section 54.LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 20152015-11-24T09:45:40Z2015-11-24T09:45:40Z2014Thesishttp://hdl.handle.net/10394/15256en |
collection |
NDLTD |
language |
en |
sources |
NDLTD |
topic |
Artikel 54 stoppe Wet op Gesondheid en Veiligheid in Myne Wet 29 van 1996 Mynveilgheids- en Gesondheidsinspektoraat Toepassingsriglyne Voldoening Diskresionêre magte Section 54 stoppages Mine Health and Safety Act 29 of 1996 Mine Health and Safety Inspectorate Enforcement Guidelines Compliance Enforcement Discretionary powers |
spellingShingle |
Artikel 54 stoppe Wet op Gesondheid en Veiligheid in Myne Wet 29 van 1996 Mynveilgheids- en Gesondheidsinspektoraat Toepassingsriglyne Voldoening Diskresionêre magte Section 54 stoppages Mine Health and Safety Act 29 of 1996 Mine Health and Safety Inspectorate Enforcement Guidelines Compliance Enforcement Discretionary powers Gloy, Magdalena The use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena Gloy |
description |
The South African mining industry has become known to be an important contributor
to the South African economy. Subsequently, the closure of mines due to various
reasons has resulted in major economic losses for mines. This study's aim is to
investigate the mine closures caused by the regulatory body, namely the Department
of Mineral Resources via the enforcement of the Mine Health and Safety Act (MHSA)
by the Mine Health and Safety Inspectorate. The Mine Health and Safety Inspectorate
has wide discretionary powers that enables them to close a mine or part thereof, often
inconsistently or unfounded which may result in economic and other losses. The
closure of mines due to compliance issues, known as section 54 stoppages, has
caused a fiery debate and controversy within the mining industry due to the
inconsistent issuing of such compliance orders. It resulted in the closure of mines for
certain periods of times. The South African courts have been approached to interpret
section 54, but it appears that there are still challenges remaining. Whilst the
legislation in place is based on the duty posed on the employer to provide a workplace
that is safe and without risk to the employee, the manner in which the legislative
provisions are enforced, specifically the closures of or part of a mine, has to be
investigated, the root problem/s identified and addressed. This study compares the
enforcement measures of the MHSA with that of the Occupational Health and Safety
Act and the National Environmental Management Act in order to make
recommendations the more effective and efficient enforcement of section 54. === LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015 |
author |
Gloy, Magdalena |
author_facet |
Gloy, Magdalena |
author_sort |
Gloy, Magdalena |
title |
The use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena Gloy |
title_short |
The use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena Gloy |
title_full |
The use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena Gloy |
title_fullStr |
The use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena Gloy |
title_full_unstemmed |
The use of Section 54 stoppage orders in terms of the Mine Health and Safety Act / Magdalena Gloy |
title_sort |
use of section 54 stoppage orders in terms of the mine health and safety act / magdalena gloy |
publishDate |
2015 |
url |
http://hdl.handle.net/10394/15256 |
work_keys_str_mv |
AT gloymagdalena theuseofsection54stoppageordersintermsoftheminehealthandsafetyactmagdalenagloy AT gloymagdalena useofsection54stoppageordersintermsoftheminehealthandsafetyactmagdalenagloy |
_version_ |
1718205363883343872 |