DEFINITION OF COAL MINE.

New Zealand Herald, Volume LII, Issue 15834, 3 February 1915, Page 8

DEFINITION OF COAL MINE.

INTERESTING ARGUMENT.

WORKS NEAR WHANGAREI

[BT TELEGRAPH-— OWN CORRESPOVDFNT. ]

WHAxr.ARF.i. Tuesday. The manager of the Northern Coal Company's Kiripaka mine, George Glimo. was before Mr. E. Page. S.M.. at Whangarei, on four charges—that he did not exercise daily supervision over the mine; that lie did not appoint an under-viewer according to a special rule; that an under-viewer did not examine the* mine daily; an.l that the manager did not appoint competent persons to act as foremen and as deputies. Inspector Bennie prosecuted, and Mr. Steadmrtn defended.

The inspector claimed that the works ! came under the definition of a mine. 1 Recently, there had been a serious disaster in the Waikato, and it would appear from ! the report of the Royal Commission that ! there was inadequate supervision anil that the mine was not examined on the day of the disaster. The Kiripaka mine was not exactly like the Waikato mine. I n this case a tramway, with a tunnel, was being made over a coal sean. In the formation of the coal, gases, which originally arose from the decaying vegetable natter, were pent, and were often found quite away from the coal. It was possible, therefore, that in driving these tunnels gases might be strjek. His Department was anxious to see that the rules, particularly the special rules under the amended Act, should be carried out. It might be said that the Department had not been so particular in the past, but the past had to be ignored, as far as present methods were concerned _ Mr. Steadraan said the defence rested mainly on the contention that the workings were not a mine. They consisted of two drives and two tunnels for a roadway which might be used to convey coal when the mine came to be used. At present there was no mine, the coal being unopened.

Inspector Btnnie declared that the works came under the definition of a mine, which included " every shaft, pit. level and inclined plane in course of being made, or driven, for commencing or open ing any colliery or coal mine, and all works belonging thereto."

Mr. Steadman denied the power of the inspector to state whether the works were a mine or not. The decision as to whether the present case was coal mining or no; did not rest' with the inspector, but with the Minis-er for Mines, according to See Hon 66 of the Act, which said: '•' If am question arises as to whether this is a coal mine to which the A. t applies the decision rests with the Minister."

The Magistrate: 1, it not the function of this Court '.'

-Mr. Steadman: I do not know. V. u see what the section savs.

The magistrate reserved his decision