PART XXVII OFFENCES AND PENALTIES

Parts: I - II - III - IV - V - VI - VII - VIII - IX - X - XI - XII - XIII - XIV - XV - XVI - XVII - XVIII - XIX - XX - XXI - XXII - XXIII - XXIV - XXV - XXVI - (XXVII)

PART XXVII OFFENCES AND PENALTIES

27.1 (1) Any person who -

(a) contravenes or fails to comply with any provision of these regulations, order or any instructions or directive issued thereunder;

(b) contravenes or fails to comply with any notice, condition or scheme given, laid down or formulated under these regulations, order or any instructions or directive issued thereunder;

(c) in any return, notice or other document referred to in these regulations, order or any instructions or directive issued thereunder willfully furnishes information or makes a statement which is false in any material respect;

shall be guilty of an offence and on conviction be liable to a fine not exceeding N$100 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

(2) Whenever a person is convicted of an offence consisting of a failure to comply with a provision of these regulations or of any order, instruction, directive or notice issued thereunder, the court convicting him or her may, in addition to any punishment imposed on him in respect of that offence, issue an order requiring him to comply with the said provision within a period determined by the court.

(3) In any legal proceedings in terms of these regulations, any statement or entry contained in any book, register or document kept by any owner of a mine, mine manager, contractor or subcontractor or by any person employed by such owner, mine manager, contractor or subcontractor or his or her accredited agent, or found in or at the mine, and any copy or reproduction of any such statement or entry, shall be admissible in evidence against him or her as an admission of the facts set forth in that statement or entry, unless it is proved that such statement or entry was not made by such owner, mine manager, contractor, subcontractor, person or accredited agent or user within the scope of his or her authority.

(4) Whenever in any legal proceedings in terms of these regulations it is proved that any untrue statement or entry is contained in any record kept by any person, he or she shall be presumed, until the contrary is proved, wilfully to have falsified that record.

Service of documents

27.2 (1) Save as is otherwise provided in these regulations, any notice, order or any other document which is required in terms of these regulations to be delivered or given to any person, shall be deemed to have been duly delivered or given if it is delivered to any such person personally or sent by registered post to his or her last known address or published in the Gazette.

(2) Any notice, order or any other document issued in good faith in terms of this Act, shall be valid according to the terms thereof, notwithstanding any want of form or lack of power on the part of any person to issue or authenticate it, provided such power is subsequently conferred upon such person.