Schedule 4 Transitional Provisions

Transitional Provisions

1) Any health and safety standard which, immediately prior to the commencement of this Act, was incorporated under the provisions of the Minerals Act or the regulations made under that Act is deemed to be a health and safety standard incorporated under this item.

2) A certificate of fitness issued under the provisions of the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), which was valid immediately before the commencement of this Act shall be deemed to be sufficient proof that the employee is fit to perform work until the certificate is cancelled or expires.

3) A declaration in respect of any work which has been declared under the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), to be risk work at controlled mines is deemed to be a declaration made under section 76(1) of this Act and remains in force until the declaration is withdrawn or superseded under this Act.

4) Any regulation made or deemed to be made under the Minerals Act that relate to health and safety issues that can be regulated under this Act, may be amended under this Act and remains in force until repealed under this Act.

5) To the extent that it grants exemptions from the operation of a provision similar to a provision of this Act, an exemption is deemed to have been granted under section 79 if--

1. it was granted under the provisions of the Minerals Act; and
2. it is still in force when this Act commences.

6) Section 85 does not apply to an employee employed at any mine immediately before the commencement of that section.