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...

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Main Author: Gloy, Magdalena
Language:en
Published: 2015
Subjects:
Online Access:http://hdl.handle.net/10394/15256
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spelling ndltd-netd.ac.za-oai-union.ndltd.org-nwu-oai-dspace.nwu.ac.za-10394-152562016-03-16T03:59:25ZThe 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
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