Version Superseded: 01/04/1996
Point in time view as at 27/08/1993. This version of this provision has been superseded.
Clean Air Act 1993, Section 42 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
