Quarries Regulations (Northern Ireland) 2006

Appraisal of excavations and tips

26.—(1) The operator shall ensure that a suitable and sufficient appraisal of all proposed or existing excavations or tips at the quarry is undertaken by a competent person in order to determine whether any such excavation or tip is a significant hazard.

(2) The operator shall ensure that—

(a) any significant findings made during an appraisal, any conclusions reached in accordance with paragraph (1) and the reasons for those conclusions are recorded by the competent person undertaking the appraisal;

(b) the said competent person signs and dates any such record; and

(c) the record made in accordance with sub-paragraph (a) is made available to each employer of persons at work at the quarry and to all persons at work at the quarry.

(3) Where the conclusion reached by the competent person following an appraisal made pursuant to paragraph (1) is that the excavation or tip presents no significant hazard, the operator shall ensure that a competent person carries out further such appraisals—

(a) at appropriate intervals;

(b) whenever there is any reason to suspect that there has been or will be a significant change to—

(i) the matters to which the appraisal relates; or

(ii) any neighbouring land which may be affected by movement by or instability of the excavation or tip to which the appraisal relates; and

(c) whenever there is any reason to doubt the validity of the conclusion of the current appraisal.

(4) Where the conclusion reached by the competent person following an appraisal made pursuant to paragraph (1) is that the excavation or tip represents a significant hazard, the operator shall ensure that a geotechnical assessment is carried out in accordance with the requirements of regulation 27 as soon as is reasonably practicable.