WAIKATO MINES

Dominion, Volume 36, Issue 14, 12 October 1942, Page 6

WAIKATO MINES

Control Regulations Issued

LIMITED TO PERIOD OF WAR

Regulations providing for the control of the Waikato coal mines were passed at a meeting of the Executive Council on Saturday afternoon. The mines covered by the regulations are those owned by the Glen Afton. Collieries, Ltd., Pukemiro Collieries, Ltd., Renown Collieries, Ltd., Taupiri Coal Mines, Ltd., and Wilton Collieries (1934), Ltd. The control is to cease on the termination of the present war.

•A board of control’, to be known as the Waikato Coal Mines Control Board, is to be established. It will consist of the Minister of Mines, who will be chairman, four persons appointed by the Minister as representing the owners of controlled mines, two persons appointed by the Minister as representing the workers employed in the controlled mines, and one other person appointed by the Minister. At all meetings of the board four members will constitute a quorum, and the chairman will have a deliberative vote, and in the case of an equality of votes he will also have a casting vote. Members of the board may be paid out of the War Expenses Account such remuneration by way of salary, fees or allowances, and such travelling allowances and expenses as the Minister of Finance may direct or approve. Functions of Board.

The section of the regulations dealing with the functions of the board states that the board may exercise in respect of the undertaking of the owner such functions of control on. behalf of His Majesty as the board thinks fit, and the undertaking shall be carried on in accordance with any directions given by the board. The owner and all persons having any functions of management arei to comply with these directions. Any directions given by the board may relate to (a) the methods of working the mine; (b) the plant, machinery, rolling stock and equipment to be used, and the building and workers’ accommodation to be provided; (c). the employment or dismissal of specified persons as managers or other officers; (d) the employment on suck work as may be specified, or tlie dismissal of specified workers or classes or numbers of workers, and the terms and conditions of such employment. With a view to ascertaining that directions given by the board, are complied with, authority is contained in the regulations for the inspection of mines and premises, as well as the inspection of -books, accounts and other documents. The board may exclude from any mine any. person whose presence there is considered by the board to be prejudicial to the efficient and expeditious working of the mine, or suspend for any period it thinks fit arty person, for misconduct, or for refusal to comply with, any reasonable demands, or for any other good reason. Fulfilment of Contracts.

If failure to fulfil any contract is directly or indirectly due to compliance with the regulations, proof of that fact will be a good defence to any action or proceedings in respect of the failure. This will apply to all contracts, whether made before or after the regulations came into force. If the net profits of a,mine exceed the average net profits of the undertaking, the amount of the excess will be recoverable as a debt due to the Crown, and will be paid into the. War Expenses Account, but'if the net profits are less than the . average ■ the amount of the deficiency will be .paid to the owner out of the War Expenses. Account.

■ For, the purpose of the regulations the net profits are deemed to be the net income after providing for all proper charges (including depreciation at the rates usually adopted in the undertaking concerned, but not including taxation or directors’ remuneration), increased by the amount of. any special discounts, rebates, or other concessions granted to shareholders in respect of purchases of coal. However, discounts, rebates or other concessions granted to purchasers in the ordiuary course of business are not included. Computation of Average. The average net profits will be dee,med to be the average of the net profits for the three financial years immediately preceding the financial year in which the mine is subject to control. Provision is made for. proportionate increase in the average in the event of rhe capital cost of the fixed assets being recorded at a higher figure. If the quantity of coal produced is reduced below the quantity produced in the three preceding years because of flood, explosion or other natural disaster, the average net profits will be deemed to be reduced iu proportion to the reduction in output of coal.

If the owner and the Minister of Mines are unable to agree as to the amount to be paid into or out of the War Expenses Account, the question is to be referred to one arbitrator if the parties can agree upon one, and if not to two arbitrators, one appointed by the owner and the other by the Minister.

Every person who commits an offence against the regulations, will be liable on summitry Conviction to the following penalties :— In the case of an individual, to imprisonment for n term not exceeding three months, or to a fine not exceeding £5O, and if the offence is a continuing one to a further fine not exceeding £5 for every day during which the offence continues; in the case of a body corporate, to a fine not exceeding £2OO, and if , the offence is a continuing one to a further fine not exceeding £'2o for every -day during which the. offence continues. The regulations, which are known as tlie Waikato Coal-mines Control Emergency Regulations, 1942, have been made under the Emergency Regulations Act, 1939. UNION APPROVES SCHEME (Bv Telegraph.—Press Association.) AUCKLAND, October 11. Proposals for State control of tlie Waikato mines'were discussed wit h tho executive of tlie Northern Miners’ Union by the Minister of Mines, Mr. Webb, when he visited Huntly today. The Minister stated tonight that rhe executive had expressed complete approval of the projiosals.. The personnel of the board to control the undertakings bad not yet been recommended, but it was expected this would lie done early this week, said Mr. Webb. Each side would submit a panel of names deemed to be acceptable to both the parties concerned, ami the selection of the board would be made by the Minister. Tlie board, which would he chosen as soon as the names were available, would sit in Auckland.

Mr. Webb will address a public meet-

ing in Huntly on Tuesday night and will explain the proposals affecting the State control of the mines. He will travel to Wellington by express following the meeting. The Under-Secre-tary of Mines. Mr. C. H. Benney, will arrive in Aucklanfl on , Tuesday.