There is hereby established a safety research account to which shall be
credited -
(a) levies paid in terms of regulations 35.2 (a)(iv);
(b) fines imposed in terms of regulation 35.3; and
(c) any income accrued from the investment of money in that account,
which shall be used for research and surveys regarding, and for the
promotion of occupational health and safety at mines and works and for the
administration costs of the overall programme for relevant health and safety
research
35.2 The safety research account is managed by the Chief Inspector who
shall -
(a) as soon as practicable after the promulgation of these regulations
and annually thereafter, or at such intervals as he may determine -
(i) fix a safety risk for every mine and works which the Chief Inspector
identifies;
(ii) identify surveys and research projects, determine the cost and
priority thereof;
(iii) for every mine and works referred to in regulation 35.2 (a)(i),
impose a levy based on the safety risk of such mine and works; and
(iv) notify in writing the manager of every mine and works on which a
levy is imposed in terms of regulation 35.2(a) (iii) of the amount of the
levy imposed and the date, place and manner of payment of such levy;
(b) conclude agreements for the execution of research projects;
(c) conclude an agreement with the Council for the provision of
administrative, secretarial and other support services required for the
administration of the overall programme for relevant occupational health and
safety research;
(d) cause a proper balance sheet of the safety research account to be
drawn up annually for the period ending 31 March, which shall on request be
made available to any mine paying a levy.
35.3 If any mine fails to pay the levy imposed in terms of regulation
35.2(a)(iv) before or on the date referred to in regulation 35.2(a)(v), the
mine shall, in addition to the levy, pay a fine equal to 5 percent of the
said levy for every month or part of a month during which the failure
continues, at the place and in the manner referred to in regulation
35.2(a)(v).
35.4 The Chief Inspector may by notice in writing to the manager call for
any information which he requires, to determine the safety risk of a mine
and works.
35.5 Anyone who -
(a) fails to pay a levy for which he is responsible before or on the due
date;
(b) fails to pay a fine imposed in terms of regulation 35.3;
(c) fails to furnish any information in terms of regulation 35.4; or
(d) give false information.
is guilty of an offence and on conviction liable to a fine not exceeding
R2 500 or to imprisonment for a period not exceeding six months or to both
such fine and such imprisonment.
CHAPTER 7
LEGAL PROCEEDINGS AND OFFENCES
