Chapter 69 — Chapter 69

History: Laws 1933, ch. 153, § 19; 1941 Comp., § 67-409; 1953 Comp., § 63-4-11; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

removal of workers from danger zones. When any mine or portion of a mine or machine, device, apparatus or equipment pertaining to a mine, in the judgment of the state mine inspector, is in so dangerous a condition from any cause or creates such a hazard as to jeopardize life or h…

History: Laws 1933, ch. 153, § 21; 1941 Comp., § 67-411; 1953 Comp., § 63-4-13; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

The operator of every mine shall observe and comply with all orders, regulations and written notices issued by the state mine inspector or the director of the division of mining and minerals of the energy, minerals and natural resources department in accordance with their respect…

investigation; notification; civil penalty. A. The state mine inspector shall proceed immediately upon notification to the site of any mine accident causing the loss of life or requiring activation of a mine rescue team and shall assist in the rescue of persons within the mine. T…

ANNOTATIONS Repeals. — Laws 1985, ch. 68, § 5 repealed 69-5-18 NMSA 1978, as enacted by Laws 1933, ch. 153, § 24, as amended, relating to hearings in regard to fatal mine accidents, effective April 1, 1985. 69-5-19 to 69-5-21. Repealed.

A. The state mine inspector shall: (1) adopt rules requiring each mine operator to prepare an emergency notification plan for its operations and, upon the inspector's approval of the plan, shall retain a copy of each mine operator's emergency notification plan at the emergency op…

The attorney general shall appoint a counsel as needed to support the enforcement of the state mine inspector's office and the duties of the state mine inspector and the bureau of mine safety. History: Laws 2007, ch. 301, § 7 and Laws 2007, ch. 302, § 7.

minerals. A. The state mine inspector shall: (1) develop and maintain mine safety and health training programs; (2) upon notification of any explosion or other catastrophic event at a mine in which the lives of mine workers are jeopardized or in which fatalities have occurred, al…

History: 1941 Comp., § 67-410a, enacted by Laws 1953, ch. 82, § 3; 1953 Comp., § 63-4-6; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

The state mine inspector is given authority at all reasonable times to: A. enter and inspect any mine in the state in such manner as not to impede or obstruct the workings of the mine; and B. require that the mine owner, operator or manager at all times furnish means necessary fo…

mine, mill or smelter; injunctions. Unless otherwise provided by law, any violation of any provision of Chapter 69 NMSA 1978 by any operator, official, miner or other employee of a mine, mill or smelter is a misdemeanor and shall be punishable by a fine of not more than two hundr…

Every owner, operator or employee of a mine has a right of appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1933, ch. 153, § 308; 1941 Comp., § 67-2902; 1953 Comp., § 63-29-2; Laws 1998, ch. 55, § 83; 1999, ch. 265, § 84.

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 69-6-3 NMSA 1978, as enacted by Laws 1955, ch. 130, § 1, relating to trolley wires used in underground mine haulage systems, effective July 1, 1987. For present comparable provisions, see 69-8-1 to 69-8- 15 NMSA 1978. ARTIC…

ANNOTATIONS Repeals. — Laws 1987, ch. 234, § 84 repealed 69-7-1 NMSA 1978, as enacted by Laws 1889, ch. 103, § 1, relating to the record of ore receipts required, effective July 1, 1987. For present comparable provisions, see 69-7-2 NMSA 1978.

History: Laws 1889, ch. 103, § 2; C.L. 1897, § 2319; Code 1915, § 3477; C.S. 1929, § 88-302; 1941 Comp., § 67-3002; 1953 Comp., § 63-30-2; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1889, ch. 103, § 3; C.L. 1897, § 2320; Code 1915, § 3478; C.S. 1929, § 88-303; 1941 Comp., § 67-3003; 1953 Comp., § 63-30-3; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1889, ch. 103, § 4; C.L. 1897, § 2321; Code 1915, § 3479; C.S. 1929, § 88-304; 1941 Comp., § 67-3004; 1953 Comp., § 63-30-4; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1889, ch. 103, § 5; C.L. 1897, § 2322; Code 1915, § 3480; C.S. 1929, § 88-305; 1941 Comp., § 67-3005; 1953 Comp., § 63-30-5; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1887, ch. 34, § 1; C.L. 1897, § 2337; Code 1915, § 3521; C.S. 1929, § 88-708; 1941 Comp., § 67-3006; 1953 Comp., § 63-30-6; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: Laws 1887, ch. 34, § 2; C.L. 1897, § 2338; Code 1915, § 3522; C.S. 1929, § 88-709; 1941 Comp., § 67-3007; 1953 Comp., § 63-30-7; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

Chapter 69, Article 8 NMSA 1978 may be cited as the "Mining Safety Act". History: 1953 Comp., § 63-31-1, enacted by Laws 1961, ch. 136, § 1; 2006, ch. 102, § 3; 2006, ch. 106, § 3.

History: 1953 Comp., § 63-31-10, enacted by Laws 1961, ch. 136, § 10; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

The state mine inspector or his authorized representative shall have the power and authority to enter and inspect such places, question such employees and investigate such facts, conditions, practices or matters as he may deem appropriate to determine whether any person has viola…

History: 1953 Comp., § 63-31-14, enacted by Laws 1961, ch. 136, § 14; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

Rules and regulations promulgated under the Mining Safety Act shall be construed as "statutory regulations" and any safety devices required by such rules and regulations shall be construed as "safety devices required by law" as such terms are used in the Workmen's Compensation Ac…

In addition to requirements pursuant to federal law for underground mines: A. a self-contained self-rescue device approved by the state mine inspector shall be worn by each person while underground in a coal mine or kept within the person's immediate reach while underground in a …

An employer shall not discharge or in any manner discriminate against, cause to be discharged or cause discrimination against an employee, representative of employees or applicant for employment in a mine subject to the Mining Safety Act because the employee, representative of em…

As used in the Mining Safety Act: A. "accident" means: (1) in the case of a surface mine: (a) a death of an individual at a mine; (b) an injury that has a reasonable potential to cause death to an individual at a mine; (c) an entrapment of an individual that has a reasonable pote…

A. There is created a "mining safety board", referred to in Chapter 69, Article 8 NMSA 1978 as the "board", consisting of thirteen members. The members of the board shall represent and balance management and non-management employees at coal, metal-nonmetal and sand and gravel ope…

A. The board shall, after public hearing, adopt rules for the protection of the life and safety of employees and to carry out the intent of the Mining Safety Act. The board may appoint a special committee of employers, employees and experts to assist in the development of propose…

inspector. A. A person who is the subject of an action of the inspector pursuant to Subsection D of Section 69-14-4 NMSA 1978 may file a written petition for review before the board within twenty days after service of the notice provided in Subsection E of Section 69-14- 4 NMSA 1…

History: 1953 Comp., § 63-31-5, enacted by Laws 1961, ch. 136, § 5; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

The inspector is authorized to charge fees to mining companies for mine safety training given to their personnel. The amount of the training fees shall be arrived at by the inspector after consultation with the board. Fees collected shall be deposited in the state mine inspector …

There is created in the state treasury the "state mine inspector fund". All income and interest earned from the fund shall be credited to the general fund. History: 1978 Comp., § 69-8-5.2, enacted by Laws 1989, ch. 193, § 7.

ANNOTATIONS Repeals. — Laws 1985, ch. 68, § 5 repealed 69-8-6 NMSA 1978, as enacted by Laws 1961, ch. 136, § 6, relating to the state mine inspector's rulemaking power, effective April 1, 1985. For present provisions as to rulemaking, see 69-8-4 NMSA 1978.

History: 1953 Comp., § 63-31-7, enacted by Laws 1961, ch. 136, § 7; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: 1953 Comp., § 63-31-8, enacted by Laws 1961, ch. 136, § 8; repealed by Laws 2007, ch. 301, § 18 and Laws 2007, ch. 302, § 18.

History: 1953 Comp., § 63-31-9, enacted by Laws 1961, ch. 136, § 9; 1985, ch. 68, § 4; 2007, ch. 301, § 18; 2007, ch. 302, § 18.

granted. A. A person affected by a rule adopted under the Mining Safety Act may petition the inspector for a variance. B. A variance of a mandatory safety standard may be granted upon a determination that: (1) an alternative method of achieving the result of the standard or rule …

It is hereby declared to be in the public interest to provide a method whereby small tracts of land, which cannot economically be separately explored and mined, may be consolidated for the purposes of exploring, mining and conserving the natural resources of this state under thos…

Any money payable to unknown owners or to owners whose addresses are unknown under leases effectuated by an order of consolidation pursuant to this act [69- 9-1 to 69-9-10 NMSA 1978] shall be placed in suspense with the state treasurer who shall hold said money for payment upon d…

No lands owned by the United States of America or the state of New Mexico or lying within the corporate limits of an incorporated village, city or town or held under patented or unpatented mining claim, and no allotted or tribal Indian lands shall be subject to the provisions of …

As used in Chapter 69, Article 9 NMSA 1978: A. "small tract" means a tract of land comprising two acres or less. Where contiguous tracts of two acres or less are owned in common, as for example common ownership of contiguous lots created by platting, each tract is nevertheless a …

The secretary shall be vested with jurisdiction over the administration of this act [69- 9-1 to 69-9-10 NMSA 1978] and shall have the power and the duty to make such rules, regulations and orders as may be necessary or proper to effectuate its purposes. History: 1953 Comp., § 63-…

Any person, corporation or other legal entity seeking consolidation of an area comprised wholly of small tracts and holding mining rights with respect to interests equal in the aggregate to at least sixty percent of the entire mineral estate (insofar as it pertains to ore) in suc…

Upon receiving an application for consolidation under this act [69-9-1 to 69-9-10 NMSA 1978], the secretary shall set a date for hearing evidence with respect to such application. Notice of the hearing shall be given to all owners by publication once a week for four consecutive w…

The secretary shall order consolidation of an area comprised of small tracts pursuant to application filed under this act [69-9-1 to 69-9-10 NMSA 1978] if he finds that: A. proper notice of said hearing has been given as required by this act; B. mineral development of the small t…

An order of consolidation entered by the secretary pursuant to this act [69-9-1 to 69- 9-10 NMSA 1978] shall, as to each small tract or interest therein, within the consolidated area on which applicant does not otherwise hold the mining rights, effectuate a mining lease to applic…

The order of the secretary shall be effective when approved by the district court for the county in which the consolidated area is located. Notice of hearing in the district court shall be given in the same manner as required for notice of hearing before the secretary, as specifi…