I, JOSEPH BRENNAN, Minister for Labour, in exercise of the powers conferred on me by sections 11 and 146 (8) (b) of the Mines and Quarries Act, 1965 (No. 7 of 1965) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), hereby make the following rules:—

PART I. Preliminary and General.

1 Short title.

1. These Rules may be cited as the Mines and Quarries (References) Rules, 1970.

2 Commencement.

2. These Rules shall come into operation on the 1st day of June, 1970.

3 Interpretation.

3. In these rules the following expressions have the meanings hereby respectively assigned to them, that is to say—

"the Act" means the Mines and Quarries Act, 1965 ;

"counter-notice" has the meaning assigned thereto in rule 4;

"inspector" has the meaning assigned thereto in rule 4;

"objection statement" has the meaning assigned thereto in rule 6;

"objector" has the meaning assigned thereto in rule 4;

"parties to the reference" means, in relation to any reference, the inspector who served the relevant notice and the person or persons who served the relevent counter-notice or counter-notices (as the case may be);

"referee" means, in relation to any reference, the person or persons to whom a notice stands referred in pursuance of a selection or direction by the nominated selector under section 146 (2) of the Act;

"reference" means a reference under section 146 of the Act; and

"reply has the meaning assigned thereto in rule 7.

PART II. Appointment and Duties of Referees

4 Form and service of counter-notice

4. Every counter-notice served by a person (hereinafter referred to as an objector) under section 146 (2) of the Act (being a counter-notice demanding a reference upon a notice served by an inspector on him) shall—

(a) be in the form specified in the First Schedule to these rules or as near thereto as circumstances will admit; and

(b) be served in duplicate on the inspector (hereinafter referred to as the inspector) who served the notice within the period of twenty-one days from the date of notice;

and in these rules "counter-notice" means a counter-notice which complies with the requirements of this rule.

5 Application for selection of referee.

5. Every inspector on whom has been served a counter-notice shall, as soon as may be and in any event within the period of twenty-one days from the date of service thereof, apply to the nominated selector for the selection of a referee and forward with the said application a copy of that counter-notice and a copy of the notice upon which a reference is demanded.

6 Statement of grounds of objection.

6. (1) Every objector shall serve in duplicate upon the inspector a statement (hereinafter referred to as an objection statement) specifying every ground of objection to the notice upon which a reference is demanded, being a relevant ground of objection for the purposes of section 146 (4) of the Act, and the facts and contentions relied on in support of that ground.

(2) Every objection statement shall be served upon the inspector, within the period of twenty-one days from the date of service of the relevant notice or within such longer period (if any) as may be agreed or ordered under rule 17.

(3) In any case in which the inspector is of opinion that the service of an objection statement is unnecessary for the purposes of the reference he shall serve on the objector a notice to that effect and the preceding provisions of this rule shall not apply to that reference.

7 Reply to objection statement.

7. (1) Every inspector upon whom in pursuance of rule 6 (2) an objection statement has been served shall serve upon the objector a statement (hereinafter referred to as a reply) specifying the facts and contentions relied on in rebuttal of the objection statement.

(2) Every reply shall be served upon the objector as soon as may be after service of the relevant objection statement and in any event either within the period of twenty-one days from the date of that service or within such longer period (if any) as may be agreed or ordered under rule 17.

8 Appointment of referee and notification to parties to reference.

8. In every case in which the nominated selector selects two or more persons to be referees on a reference, he shall appoint one of them to preside over the reference.

9 ..

9. Forthwith after the appointment of a referee on any reference, the nominated selector shall notify the parties to that reference of the referee's name and address.

10 Furnishing of documents to the referee.

10. Forthwith after—

(a) the service of a notice in pursuance of rule 6 (3) or the service of the reply in pursuance of rule 7 (2); or

(b) receipt of the notification of the name and address of the referee;

(whichever is the later) the inspector shall send to the referee a copy of the notice served by him in pursuance of rule 6 (3) or a copy of the objection statement and a copy of the reply, as the case may be.

11 Hearing of reference.

11. (1) Without prejudice to the provisions of rule 14 (a) as soon as may be after rule 10 has been complied with, the referee shall determine a date, time and place for the hearing of the reference and notify the parties to the reference of the date, time and place so determined and may notify, or require any party to the reference to notify, in such manner as he thinks fit, the date, time and place so determined to any person appearing to him to be affected by the notice upon which a reference has been demanded or any association or body representative of any such person.

(2) Forthwith after any party to the reference, being the owner or manager of the relevant mine or the owner or manager of the relevant quarry (as the case may be), has been notified in pursuance of paragraph (1) of this rule, that party shall take such steps as may be necessary to secure that notice of the date, time and place so notified is kept posted at that mine or quarry at all times at which persons are employed thereat during the period until the quashing or confirmation of the notice upon which a reference has been demanded, in such characters and in such positions as to be easily seen and read by the persons employed thereat, and in the form specified in the second schedule to these rules or as near thereto as circumstances will admit.

12 ..

12. No objector shall (except in a case in which a notice under rule 6 (3) has been served on him), on the hearing of a reference, be entitled without the consent of the referee to raise, or adduce evidence with respect to, any ground of objection to the relevant notice other than a ground of objection specified in the relevant objection statement.

13 ..

13. In every case in which the nominated selector has selected two or more persons to be referee on a reference—

(a) every decision on the reference of a majority of those persons present and voting shall be the decision of the referees;

(b) in any case in which on the reference the votes of those persons present and voting are equally divided, the person presiding over the reference shall have a second or casting vote.

14 Powers of the referee.

14. The referee shall, for the purpose of any reference, have power—

(a) to dispose of any outstanding matter on the reference and in particular any matter in any case in which any party to the reference has failed to comply with any of the preceding rules or in which any party to the reference fails to appear at the hearing;

(b) (so far as appears to him to be reasonable having regard to the desirability of quashing or confirming the relevant notice as soon as may be) to adjourn the reference from time to time and from place to place; and

15 Payment of costs.

15. The referee may make such orders as he thinks fit respecting the payment of the costs of the reference (including the payment of his remuneration and allowances).

16 Remuneration of the referee.

16. The amount of the remuneration and allowances to be paid to a referee upon a reference shall be determined by the Minister with the approval of the Minister for Finance.

17 Extensions of time.

17. (1) In any case in which provision is made in these rules for such extension of any period of time as may be agreed or ordered under this rule, the period specified in that provision may, upon the application of any party to the reference, be extended—

(a) by agreement in writing between the parties to the reference; or

(b) in default of such agreement—

(i) (in any case in which application for the extension is made before the appointment of a referee) by order of the nominated selector;

(ii) (in any other case) by order of the referee.

(2) Every application for an extension of time shall be made in writing by the person seeking the extension to the person or persons empowered at the time of the making of that application to agree to or order that extension, and any such agreement or order may be reached or made although the application for the same is not made until after the expiration of the period of time in relation to which an extension is sought.

PART III. Revocations.

18 ..

18. The following are hereby revoked:

(a) the Regulations made under section 1 (5) of the Coal Mines Regulation Act, 1908, on the 15th day of May, 1909;

(b) the Rules made under section 117 of the Coal Mines Act, 1911, on the 8th day of January, 1913; and

GIVEN under my Official Seal this 10th day of April, 1970.

JOSEPH BRENNAN,

Minister for Labour.

EXPLANATORY NOTE.

These rules provide for the appointment of referees to adjudicate in matters in dispute between mine or quarry owners or managers and inspectors. The rules also prescribe the form of notice and counter notice to be used, and set out the procedure to be followed, when a notice served by an inspector is disputed by a mine or quarry owner or manager.

FIRST SCHEDULE

(RULE 4)

MINES AND QUARRIES ACT, 1965

MINES AND QUARRIES (REFERENCES) RULES, 1970

COUNTER-NOTICE

DEMANDING A REFERENCE UPON A NOTICE

(Name of objector)............................................ Objector.
and
(Name of inspector) .......................................... Inspector.
To the Inspector
(the owner )*
TAKE NOTICE that the above-named objector		(the manager)
	being	(a manager)
of............................................................ (mine )*
(quarry)
in pursuance of section 146 (2) of the Mines and Quarries Act, 1965 , hereby demands a reference upon a notice relating to that
(mine )* served under..................................................†
(quarry)
upon him by the above-named inspector on the......day of............................ 19...., being a notice to which apply the provisions of Part XIV of the said Act with respect to references upon notices.
The address for services of the objector is ..............................
Dated................................ 19.....
(Signed)....................................
*Delete as inapplicable.
† Insert number of the section of the Act or title of regulations and number of the regulation (as the case may be) under which notice was served.

SECOND SCHEDULE

(RULE 11)

MINES AND QUARRIES ACT, 1965

MINES AND QUARRIES (REFERENCES) RULES, 1970

NOTICE

OF REFERENCE UPON A NOTICE SERVED BY AN INSPECTOR

(Name of objector) ............................................ Objector.
and
(Name of inspector)............................................ Inspector.
TAKE NOTICE—
(the owner )*
(1) THAT the above-named objector, being (the manager) of............
	(a manager)
........................ (mine ) (quarry)* in pursuance of section 146 (2) of the Mines
(quarry) and Quarries Act, 1965, has demanded a reference upon a notice relating to that (mine )* served under
............................................................ .............................................upon him by the
above-named inspector on the.....................day of................................ 19........being a notice to which apply the provisions of Part XIV of the said Act with respect to references upon notices;
(2) THAT the name(s) and addresses() of the person(s) selected to be referee or referees on the reference (is ........................................ (are
(3) THAT the referee/referees has/have determined that the reference shall be heard on the......day of................................ 19....,at (insert time)................at (insert place)....................................
²/₃ (4) THAT the objection statement and the reply thereto relating to the notice upon which a reference has been demanded may be inspected at........
............................................................ ............................................................ ..........................................................
Dated................................ 19.....
(Signed) ......................................
TO ALL PERSONS AFFECTED BY THE ABOVE MENTIONED NOTICE
*Delete as inapplicable.
†Insert number of the section of the Act or title of the regulations and number of the regulation (as the case may be) under which notice was served.
‡Omit paragraph in any case in which a notice has been served under rule 6 (3).