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Exceptions from provisions as to shafts.
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18. The foregoing provisions of this Act with respect to shafts or outlets shall not apply—
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(i) In the case of a new mine being opened—
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(a) to any working for the purpose of making a communication between two or more shafts; or
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(b) to any working for the purpose of searching for or proving minerals;
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so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connexion with a single shaft or outlet; nor
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(ii) To any proved mine so long as it is exempted by order of a Secretary of State on the ground either—
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(a) that the quantity of mineral proved is not sufficient to repay the outlay which would be occasioned by sinking or making a second shaft or outlet, or by establishing communication with a second shaft or outlet, in any case where such communication existed and has become unavailable; or
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(b) that the workings in any seam of the mine have reached the boundary of the property or the extremity of the mineral field of which that seam is a part, and that it is expedient to work away the pillars already formed in course of the ordinary working, notwithstanding that one of the shafts or outlets may be cut off by so working away the pillars of that seam;
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and so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connexion with a single shaft or outlet; nor
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(iii) To any mine—
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(a) while a shaft is being sunk, or an outlet being made; or
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(b) one of the shafts or outlets of which has become, by reason of some accident, unavailable for the use of the persons employed in the mine;
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so long as the mine is exempted by order of a Secretary of State, and as the conditions (if any) annexed to the order of exemption are duly observed. The provision in this Act requiring the two shafts or outlets of a mine to be separated by a distance of not less than fifteen yards shall not apply to any mine which is provided with two shafts sunk before the first day of January one thousand eight hundred and sixty-five but at that time separated by a distance of less than ten feet, or commenced to be sunk before the commencement of this Act but separated by a distance of more than ten feet and less than fifteen yards.
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The foregoing provisions of this Act as to the dimensions of the communication between two shafts or outlets shall not apply to any mine or class of mines so long as the same is exempted therefrom by order of a Secretary of State by reason of the thinness of the seams or other exigencies affecting that mine or class of mines, and so long as the conditions (if any) annexed to the order of exemption are duly observed.
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Division of Mine into Parts.
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