- Latest available (Revised)
- Point in Time (11/06/2020)
- Original (As enacted)
Point in time view as at 11/06/2020.
There are currently no known outstanding effects for the Control of Pollution Act 1974,
Part IA
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s. 59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2
Modifications etc. (not altering text)
C1Pt. 1A modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
(1)For the purposes of this Part, “abandonment”, in relation to a mine,—
(a)subject to paragraph (b) below, includes—
(i)the discontinuance of any or all of the operations for the removal of water from the mine;
(ii)the cessation of working of any relevant seam, vein or vein-system;
(iii)the cessation of use of any shaft or outlet of the mine;
(iv)in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—
(A)the discontinuance of some or all of those other activities in the mine; and
(B)any substantial change in the operations for the removal of water from the mine; but
(b)does not include—
(i)the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as [F2trustee] or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act [F32016]); F4...
(ii)any disclaimer under section 178 or 315 of the M1Insolvency Act 1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; [F5or
(iii)any disclaimer by notice signed by the Queen's and Lord Treasurer's Remembrancer under section 1013 of the Companies Act 2006 (Crown disclaimer of property vesting as bona vacantia).]
and cognate expressions shall be construed accordingly.
(2)In this Part, except where the context otherwise requires—
“acting in a compulsory capacity”, in the case of the official receiver, means acting as—
liquidator of a company;
receiver or manager of a bankrupt’s estate, pursuant to section 287 of the M2Insolvency Act 1986;
trustee of a bankrupt’s estate;
liquidator of an insolvent partnership;
trustee of an insolvent partnership;
trustee, or receiver or manager, of the insolvent estate of a deceased person;
“the official receiver” has the same meaning as it has in the M3Insolvency Act 1986 by virtue of section 399(1) of that Act;
“relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.
(3)This Part extends only to Scotland.]
Textual Amendments
F2Word in s. 30Y(1)(b)(i) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(2)(a)
F3Word in s. 30Y(1)(b)(i) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(2)(b)
F4Word in s. 30Y(1)(b)(i) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 16(3)(a); S.S.I. 2014/160, art. 2(1)(2), Sch.
F5S. 30Y(1)(b)(iii) and preceding word inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 16(3)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.
Modifications etc. (not altering text)
C2S. 30Y modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Marginal Citations
(1)If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to SEPA at least six months before the abandonment takes effect.
(2)A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator’s opinion as to any consequences of the abandonment.
(3)A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(4)A person shall not be guilty of an offence under subsection (3) above if—
(a)the abandonment happens in an emergency in order to avoid danger to life or health; and
(b)notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened.
(5)Where the operator of a mine is—
(a)the Accountant in Bankruptcy acting as [F7trustee] or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act [F82016]); or
(b)the official receiver acting in a compulsory capacity,
he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as is reasonably practicable (whether before or after the abandonment), he gives to SEPA notice of the abandonment or proposed abandonment, containing such information as may be prescribed.
(6)Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.
(7)Where SEPA—
(a)receives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and
(b)considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the M4Environmental Protection Act 1990,
it shall be the duty of SEPA to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment.
(8)In this section—
“the initial period” means the period of six months beginning with the day on which subsection (1) above comes into force;
“local authority” means a council constituted under section 2 of the M5Local Government etc. (Scotland) Act 1994.]
Textual Amendments
F6Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s. 59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2
F7Word in s. 30Z(5)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(3)(a)
F8Word in s. 30Z(5)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(3)(b)
Modifications etc. (not altering text)
C3S. 30Z modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: