The Mines and Quarries (Tips) Regulations 1971

Procedure before beginning Tipping Operations

9.—(1) If at any time before tipping operations from a mine or quarry are begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies an owner of a mine or quarry gives notice pursuant to regulation 8(1) that it is intended that the resulting tip is to be a classified tip or an inspector gives a direction pursuant to regulation 8(2) that the resulting tip shall be treated for the purposes of these regulations as a classified tip, then the owner shall, not less than thirty days, or such shorter period as the inspector may permit, before the beginning of the tipping operations, obtain or make and thereafter keep, until the premises become the site of an active classified tip (in relation to which regulation 13 applies to impose a like duty on the manager of the mine or the owner of the quarry), at the office at the mine or quarry or as such other place as may be approved by an inspector—

(a) a geological map of the district in which it is intended that the tip shall be situated, being a map on the scale of 1/10,000 or, if a map on so large a scale is not available, a map on the nearest scale which shows the boundaries of the premises on which it is intended that the tip shall be situated and the neighbouring land within 250 metres of the said boundaries;

(b) such accurate sections on a scale of not less than 1/1250 of the strata underlying the intended tip as may be necessary to show any variation in the thickness or character of the strata, which may affect the security of the tip, and to show, so far as it can be ascertained, the position of any known fault which may affect the security of the tip;

(c) an accurate plan of the premises on which it is intended that the tip shall be situated and of the neighbouring land within 250 metres of the boundaries of the said premises being a plan—

(i) on a scale of not less than 1/2500 contoured and orientated to and correlated with the Ordnance Survey National Grid and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey sheets on the scale of 1/2500; and

(ii) showing all mine workings (whether abandoned or not), previous landslips, springs, artesian wells, watercourses and other natural and other topographical features which might affect the security of the intended tip or might be relevant for determining whether the land on which the tipping operations are to be carried out is satisfactory for the purpose.

(2) If at any time before tipping operations from a mine or quarry are begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies an owner of a mine or quarry gives notice pursuant to regulation 8(1) that it is intended that the resulting tip is to be a classified tip or an inspector gives a direction pursuant to regulation 8(2) that the resulting tip shall be treated for the purposes of these regulations as a classified tip, tipping operations shall not be begun until the following conditions have been satisfied—

(a) the owner of the mine or quarry has obtained a report from a person competent to make the report on the method of carrying out the intended tipping operations and on every other matter which might affect the security of the tip or might be relevant for determining whether the land on which the tipping operations are to be carried out is satisfactory for the purpose containing in particular—

(i) the designed total amount of the refuse to be deposited and average amount per week;

(ii) an account of any surveys, tests, boreholes and ground water measurements made for the purposes of the report and the results thereof;

(iii) details of the site preparation, drainage and foundations of the intended tip;

(iv) accurate plans on a scale of not less than 1/2500 and sections on a scale of not less than 1/1250 of the intended tip or on such larger scale as an inspector may direct in either case by notice served on the owner of the mine or quarry, recording the design of the tip including in particular the superficial area of the land to be covered by the refuse, the gradients in respect of any such land, the designed height of the tip, the designed contours and boundaries of the tip, the designed position and nature of construction of any wall or other structure retaining or confining the tip and the nature and location of the types of refuse to be deposited;

(v) a specification of the intended tip showing the method of depositing and (where necessary) compacting the refuse;

(vi) the nature and extent of inspection, supervision and safety measures that in the opinion of the person making the report are necessary to be carried out during the tipping operations to ensure the security of the intended tip;

(b) the owner of the mine or quarry has given notice to the inspector for the district that he has obtained the said report and any supplementary report required to be obtained under paragraph (3) hereof;

(c) the owner of the mine or quarry has preserved the said reports at the office at the time or quarry or at such other place as may be approved by an inspector; and

(d) a period of thirty days has expired beginning with the date on which the last of the notices referred to in this regulation became operative or such shorter period as the inspector for the district may permit.

(3) If an inspector is of opinion that additional surveys, tests, boreholes or ground water measurements ought to be made before tipping operations are begun or that provision ought to have been made in any report under this regulation for any matter for which provision was not made in the report or that different provision ought to have been made in the report, he may serve on the owner of the mine or quarry a notice stating that he is of that opinion, specifying the additional surveys, tests, boreholes or ground water measurements which in his opinion ought to be made or the matter for which, in his opinion, provision or, as the case may be, different provision ought to have been made in the report and the nature of the provision which, in his opinion, ought to be made, and requiring the owner to make additional surveys, tests, boreholes or ground water measurements and to obtain a supplementary report from the person who made any previous report under this regulation or from some other person competent to make the report in accordance with the tenor of the notice, and any such notice shall, if it is so specified there, become operative forthwith.

(4) The provisions of Part XV of the 1954 Act with respect to references upon notices served by inspectors shall apply to a notice served under the last preceding paragraph, and the relevant ground of objection shall be that adequate surveys, tests, boreholes or ground water measurements have already been made or that adequate provision is already made in the report for ensuring the security of the intended tip or for determining whether the land on which the tipping operations are to be carried out is satisfactory for the purpose.