Mines And Quarries (Tips) Act 1969

6 Plans and sections of tips. E+W+S

(1) Provision may be made by regulations for requiring that, in the case of every active or closed tip of a prescribed class or description, the person having responsibility for the tip shall keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector accurate plans and sections of the tip and of the strata underlying it, being plans or, as the case may be, sections complying with such requirements as are imposed by or by virtue of subsection (2) below; and regulations made by virtue of this subsection may require that plans and sections be so kept as at any time to disclose the extent of the tip delineated thereon both up to a day not earlier than such previous day as may be prescribed and up to a distance from its position at that time not greater than such as may be prescribed.

(2) Plans and sections required to be kept by virtue of subsection (1) above shall be of durable material and be prepared in such form and manner as may be specified by rules made by [F1 the Secretary of State] and on a scale not less than such as may be so specified and any such plans and sections shall record such information as may be so specified with respect to situation, contours, boundaries, the nature of the refuse deposited and any such other matters (whether similar to those specially mentioned in this subsection or not) as may be so specified.

(3) If it appears to an inspector that any information which, by virtue of the preceding provisions of this section, is required to be recorded on a plan or section required to be kept by the person having responsibility for an active or closed tip cannot be recorded thereon fully and clearly, he may serve on that person a notice requiring him to keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector such supplementary plan, section or drawing specified in the notice as appears to the inspector by whom the notice is served to be requisite for the purpose of recording that information fully and clearly.

(4) For the purposes of this section the person having responsibility for a tip is—

(a) in the case of a tip which is associated with a quarry, the owner of the quarry; and

(b) in the case of an active tip which is associated with a mine, the manager of the mine; and

(c) in the case of a closed tip which is associated with a mine, the owner of the mine.

Textual Amendments

F1 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)

Modifications etc. (not altering text)

C1 Ss. 1–10 amended by S.I. 1990/1380, regs. 3, 4

Ss. 1-10 saved by virtue of Health and Safety at Work Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII, s. 62

C2 Ss. 1-10 saved by virtue of Health and Safety at Work Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f).