PART 8N.I.TIPS AND TIPPING

Geotechnical assessmentsN.I.

62.—(1) For the purposes of this Part—

(a)“geotechnical assessment” means an assessment carried out by a geotechnical specialist identifying and assessing all factors liable to affect the stability and safety of a proposed or existing tip; and

(b)“geotechnical specialist” means a person who is suitably qualified and competent to perform a geotechnical analysis to determine the hazard and risk arising from the tip being assessed.

(2) As part of the geotechnical assessment, the geotechnical specialist shall—

(a)prepare or consider (as appropriate) the documents and particulars specified in Schedule 2; and

(b)consider the tips rules.

(3) A geotechnical assessment shall include the geotechnical specialist’s conclusions on the following, together with reasons—

(a)the safety and stability of the tip, including whether the tip represents a significant hazard by way of instability or movement;

(b)where appropriate, whether any remedial work is required in relation to the tip and the date by which such work shall be completed; and

(c)where appropriate, the date by which the next geotechnical assessment should take place, provided that, in the case of a tip that represents a significant hazard by way of instability or movement, that date is not more than two years after the date of the assessment.

(4) The geotechnical assessment shall be recorded.

(5) The mine operator shall ensure that any information available to the mine operator which may be relevant for the purposes of a geotechnical assessment is made available to the geotechnical specialist.

(6) The mine operator shall ensure that any remedial works identified during the geotechnical assessment in accordance with paragraph (3)(b) are completed by the date specified.

Commencement Information

I1Reg. 62 in operation at 1.2.2017, see reg. 1(2)