Quarries Regulations (Northern Ireland) 2006

PART VII MISCELLANEOUS AND GENERAL

Record keeping

38.—(1) It shall be the duty of the operator to ensure that—

(a) every report or record which is required to be made under these Regulations is in a suitable form and is kept at the quarry or at some other suitable place for at least three years from the date on which the report or record was made unless the provision concerned expressly imposes some other requirement; and

(b) a copy of the written statement of duties of all persons appointed at the quarry under these Regulations is kept at the quarry or at some other suitable place for at least twelve months after the date on which the appointment ceased to have effect.

(2) Paragraph (1)(a) shall apply to copies of information notified to the Executive under these Regulations but shall not apply to the record made in accordance with regulation 5(2) by the person entitled to work the quarry.

Notification of quarrying operations

39.—(1) It shall be the duty of the operator to ensure that within fourteen days of any of the events specified at paragraph (2)(a) to (c), written notice thereof is given to the Executive.

(2) The events referred to at paragraph (1) are—

(a) the beginning of operations for the purpose of opening a quarry;

(b) the abandonment of or ceasing of operations at a quarry; and

(c) the appointment or change of the operator of a quarry.

(3) Without prejudice to the duty to give notice under paragraph (1) in respect of an event specified at paragraph (2)(b), the operator of every quarry of coal shall, within three months of the date on which the quarry of coal is abandoned, send to the Executive, or a body approved by it, an accurate plan of that quarry.

(4) Where, in pursuance of paragraph (3), a plan has been sent to the Executive or a body approved by it, that plan shall be retained by the Executive or that body in accordance with arrangements approved by the Executive.

Exemptions

40.—(1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any quarry, part of a quarry or class of quarries, any person or class of persons, any plant or class of plant or any operation or class of operations from all or any of the prohibitions or requirements imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Executive by a further certificate in writing.

(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any statutory provisions which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.