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Clean Air Act 1993
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- UK Public General Acts
- 1993 c. 11
- Part VI
- Section 42
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Version Superseded: 01/04/1996
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42 Colliery spoilbanks.E+W+S
(1)This section applies to any mine or quarry from which coal or shale has been, is being or is to be got.
(2)The owner of a mine or quarry to which this section applies shall employ all practicable means—
(a)for preventing combustion of refuse deposited from the mine or quarry; and
(b)for preventing or minimising the emission of smoke and fumes from such refuse;
and, if he fails to do so, he shall be guilty of an offence.
(3)A person guilty of an offence under subsection (2) shall be liable on summary conviction—
(a)to a fine not exceeding level 5 on the standard scale; or
(b)to cumulative penalties on continuance in accordance with section 50.
(4)Neither the provisions of Part III of the Environmental Protection Act 1990 nor any provision of Parts I to III of this Act shall apply in relation to smoke, grit or dust from the combustion of refuse deposited from any mine or quarry to which this section applies.
(5)In the application of this section to Scotland, subsection (4) shall have effect as if for the reference to Part III of the Environmental Protection Act 1990 there were substituted a reference to section 16 of the M1Public Health (Scotland) Act 1897.
(6)In this section section, “mine”, “quarry” and “owner” have the same meaning as in the M2Mines and Quarries Act 1954.
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