Mines Act (Northern Ireland) 1969

20 Transmission to Ministry, and preservation, of plans of abandoned or disused mines, seams and veins. N.I.

(1) Provision may be made by regulations—

(a) for requiring that—

(i) in the event of the abandonment of a mine or of the expiration of the period of twelve months from the time at which a mine was last worked for the purpose of getting minerals or products of minerals, the person who is the owner of the mine at the time of the happening of that event shall, within the prescribed period thereafter, send to[F1 the Executive] such plans of the workings in the mine at that time (being plans complying with such requirements as are imposed by or by virtue of subsection (2)), and such drawings supplementary to the plans, as may be prescribed and such sections of the seams or veins worked in the mine and of the strata overlying them (being sections complying with such requirements as aforesaid) as may be prescribed;

(ii) in the event of the abandonment of a seam or vein in a mine or the expiration of the period of twelve months from the time at which a seam or vein in a mine was last worked for the purpose of getting minerals or products of minerals, the person who is the owner of the mine at the time of the happening of that event shall, within the prescribed period thereafter, send to[F1 the Executive] such plans of the workings in that seam or vein at that time (being plans complying with such requirements as are imposed by or by virtue of subsection (2)), and such drawings supplementary to the plans, as may be prescribed and such sections of that seam or vein and of the strata overlying it (being sections complying with such requirements as aforesaid) as may be prescribed;

(b) for imposing, with respect to plans, drawings and sections sent to[F1 the Executive] in pursuance of such provisions of the regulations as have effect by virtue of paragraph ( a), such requirements (whether with respect to the persons by whom they are to be prepared, the giving of certificates with respect thereto or otherwise) as it may appear to the Ministry requisite or expedient to impose for the purpose of ensuring the accuracy thereof.

(2) Plans and sections required, by virtue of provisions of regulations having effect by virtue of subsection (1), to be sent to[F1 the Executive] shall be of durable material and be prepared in such form and manner as may be specified by rules made by the Ministry and on a scale not less than such as may be so specified, and any such plans shall show the position, in relation to objects on the surface, of the workings delineated on the plans and record such information as may be so specified with respect to orientation, contours, boundaries, faults, workings other than those delineated on the plans and any such other matters (whether similar to the matters aforesaid or not) as may be so specified.

(3) If[F1 the Executive] is satisfied—

(a) that there has occurred, in the case of a mine, a contravention of provisions of regulations having effect by virtue of sub-paragraph (i) or (ii) of subsection (1)( a) consisting of a failure to send a plan, drawing or section to[F1 the Executive] within the period limited by those provisions or that, in the case of a mine, a plan, drawing or section sent to[F1 the Executive] in pursuance of those provisions is inaccurate, incomplete, dilapidated or wholly or partly indecipherable; and

(b) that, in the interests of safety, it is desirable for a new plan, drawing or section to be made;

[F1 the Executive] may, within six months from the expiration of that period, appoint a surveyor to make a new plan, drawing or section, and the cost of making the new plan, drawing or section, or such part of that cost as[F1 the Executive] thinks fit, shall be recoverable by[F1 the Executive] from the person who was the owner of the mine at the time of the happening of the event in consequence of the happening of which the said provisions fell to be complied with.

(4) Subject to the provisions of subsections (5) to (7), plans, drawings and sections sent to[F1 the Executive] in pursuance of provisions of regulations having effect by virtue of subsection (1)( a)(i) or (ii) or made by a surveyor appointed under subsection (3) shall be preserved by[F1 the Executive] or by some other person under arrangements made or approved by[F1 the Executive].

(5) Arrangements under subsection (4) for the preservation by some person other than[F1 the Executive] of plans, drawings and sections sent by the owner of a mine to[F1 the Executive] as therein mentioned shall not be made otherwise than with the agreement of the person who is the owner of the mine at the time when the arrangements are made.

(6) No person except an inspector shall be entitled, without the consent of the owner for the time being of the mine, or a licence of[F1 the Executive], to see the plans, drawings or sections whilst preserved under arrangements made or approved as aforesaid until after the expiration of ten years from the time of the abandonment, but such a licence shall not be granted unless[F1 the Executive] is satisfied that the inspection of the plans, drawings or sections is necessary in the interests of safety.

(7) Where, at the time at which the working of a mine or a seam or vein therein is resumed, any plans, drawings or sections relating thereto are, by virtue of subsection (4), preserved by[F1 the Executive] or by some other person (not being the owner of the mine), the owner shall, on giving not less than fourteen days notice to the person by whom the plans, drawings or sections are preserved and (where that person is not[F1 the Executive]) to[F1 the Executive], be entitled to have delivered to him the plans, drawings or sections subject to affording to[F1 the Executive], if required so to do before the expiration of the notice, a reasonable opportunity of making copies of the plans, drawings or sections or of such part thereof as[F1 the Executive] thinks fit.

F1 SR 1999/150