Mines And Quarries (Tips) Act 1969

2 Tips to which Part I applies. E+W+S

(1) In this Act, the expression “tip” means an accumulation or deposit of refuse from a mine or quarry (whether in a solid state or in solution or suspension) other than an accumulation or deposit situated underground, and where any wall or other structure retains or confines a tip then, whether or not that wall or structure is itself composed of refuse, it shall be deemed to form part of the tip for the purposes of this Act.

(2) Subject to subsections (3) and (4) below, a tip is one to which this Part of this Act applies if either—

(a) the tip is on premises which are deemed to form part of a mine or quarry for the purposes of the principal Act by virtue of section 180(4) of that Act (which relates to premises for the time being used for the deposit of refuse); or

(b) the tip is not on such premises but the mine or quarry with which it is associated has not been abandoned and the premises on which the tip is situated continue to be occupied exclusively by the owner of that mine or quarry;

and for the purposes of this Part of this Act a tip is an “active tip” if it falls within paragraph (a) above and a “closed tip” if it falls within paragraph (b) above.

(3) If part, but not the whole, of any premises on which a tip is situated is occupied exclusively by the owner of a mine or quarry and, by reason only that the whole of those premises is not occupied exclusively by the owner, the tip is not, apart from this subsection, one to which this Part of this Act applies (whether as an active tip or a closed tip) then,—

(a) subject to any direction under paragraph (b) below, the tip shall be deemed to be an active tip or a closed tip, as the case may be, and if an active tip, the premises on which it is situated shall be treated, for the purposes of the principal Act and this Part of this Act, as forming part of the mine or quarry with which it is associated; and

(b) [F1 the Health and Safety Executive may] direct that, as from such day as may be specified in the order, the whole or such part of the tip as may be so specified shall cease to be a tip to which this Part of this Act applies.

(4) If the whole or any part of a tip which, apart from this subsection, would be a tip to which this Part of this Act applies is appropriated to some use which, in the opinion of [F2 the Health and Safety Executive], is inconsistent with the resumption of tipping operations on the tip, or on a particular part of it, [F1 the Health and Safety Executive may] direct that, as from such day as may be specified in the order, the whole or such part of the tip as may be so specified shall cease to be a tip to which this Part of this Act applies.

(5) Notwithstanding anything in subsection (3)(a) above or in section 180(4) of the principal Act, where an order is made under subsection (3)(b) or subsection (4) above in relation to a tip which, apart from the order, would be an active tip, then, for the purposes of the principal Act and this Part of this Act, the premises on which the tip, or the part thereof which is specified in the order, is situated shall cease to form part of a mine or quarry as from the day specified in the order; but where such an order relates to part only of the tip, then (subject to any subsequent order) the remainder of the tip shall, of itself, be treated as an active tip and accordingly the premises on which the remainder of the tip is situated shall continue to form part of the mine or quarry with which the tip is associated.

Textual Amendments

F1 Words substituted by S.I. 1974/2013, Sch. 2 Pt. II para. 20(a)

F2 Words substituted by virtue of S.I. 1975/1102, art. 2(2)

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 References to orders made under s. 2(3)(b)(4) to be construed as references to directions given under ibid.: S.I. 1974/2013, Sch. 2 Pt. II para. 20(b)