Mines and Quarries Act, 1965

Power of quarry owner to exclude matters from manager's control.

25.—(1) There shall be excepted from the management and control vested in the manager by section 24 any matter responsibility for which is for the time being reserved to himself by the owner by instrument in writing executed by him and lodged with the inspector and the manager shall not, as regards any matter so excepted, be concerned to secure compliance with any requirement imposed with respect to the quarry by or under this Act.

(2) If the inspector is of opinion that reservation to the owner, by any such instrument, of responsibility for any particular matter is, or might be, likely to prejudice the safety or health of persons employed at the quarry, the inspector may, by notice served on the owner, direct that the instrument shall, to the extent of the reservation, be of no effect.

(3) Nothing in subsection (1) shall be construed as authorising the divestment of, or as operating to divest, a manager of a quarry of any duty expressly imposed on him by or under the following provisions of this Part.

(4) Where responsibility for any matter is for the time being duly reserved to the owner of a quarry, it shall be his duty, with respect to each such report, record or other item of information as aforesaid, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which relates to the matter responsibility for which is so reserved and either is of an abnormal or unusual nature as regards the quarry or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the owner or any other person.