The Mines (Precautions Against Inrushes) Regulations 1979

Duty of mine owner and manager to obtain information

4.—(1) The owner and the manager shall each have the duty to—

(a) ensure that they are at all material times in possession of all information which indicates or tends to indicate the presence or absence, in the vicinity of any working being carried on or proposed to be carried on in the mine, of—

(i) any disused workings (whether mine workings or not),

(ii) any rock or stratum containing or likely to contain water (whether dispersed or in natural cavities),

(iii) any peat, moss, sand, gravel, silt or other material that flows or is likely to flow when wet; and

(b) take such steps as may be necessary for the purpose of substantiating any such information which comes into their possession (whether in consequence of the discharge of the duty imposed on them by the foregoing sub-paragraph or not).

(2) Where any—

(a) information mentioned in paragraph (1)(a) of this Regulation comes into the possession of either the owner or the manager (whether in consequence of the discharge of the duty imposed by that paragraph or not), that owner or manager, as the case may be, shall ensure that the other of them is immediately furnished with that information;

(b) steps are taken in discharge of the duty imposed by paragraph (1)(b) of this Regulation, the owner or manager, as the case may be, shall ensure that the other of them is immediately furnished with details of the steps he has taken and of any conclusion he has reached as a result of taking those steps.

5.—(1) The owner and the manager shall each have the duty to take, with respect to any workings being carried on or proposed to be carried on in the mine in the vicinity of the sea, a lake or river or any other body of surface water (whether accumulated naturally or artificially) such steps as may be necessary—

(a) to ascertain the total thickness of the strata lying between the workings and the surface water;

(b) to satisfy themselves that the strata are sufficiently reliable to prevent an inrush of water from the surface.

(2) Where any information is obtained by either the owner or the manager in consequence of the discharge of the duty imposed by paragraph (1) of this Regulation, that owner or manager, as the case may be, shall ensure that the other of them is immediately furnished with that information.