Part VI Special Cases
42 Colliery spoilbanks.
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 F2or quarryF2 , or the operator of a 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.
F15
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6
In this section, “mine”, F3“quarry” and “owner” have the same meaning as in the M1Mines and Quarries Act 1954.F3is to be construed in accordance with section 180 of the Mines and Quarries Act 1954
“operator”, in relation to a quarry, has the meaning given by regulation 2(1) of the Quarries Regulations 1999 (S.I. 1999/2024);
“owner”, in relation to a mine, is to be construed in accordance with section 181(1) and (4) of the Mines and Quarries Act 1954;
“quarry” is to be construed in accordance with regulation 3 of the Quarries Regulations 1999.