The Quarries Regulations 1999

Meaning of “geotechnical assessment” and operator’s duties in relation to geotechnical assessments E+W+S

33.—(1) For the purposes of these Regulations, a “geotechnical assessment” means an assessment carried out by a geotechnical specialist identifying and assessing all factors liable to affect the stability and safety of a proposed or existing excavation or tip and shall include—

(a) preparation by or under the supervision of the said geotechnical specialist or, as appropriate, consideration by the said geotechnical specialist of the documents and particulars specified at Schedule 1;

(b) the conclusion of the said geotechnical specialist as to the safety and stability of the proposed or existing excavation or tip being assessed, including his conclusions as to whether the said excavation or tip represents a significant hazard by way of instability or movement;

(c) where appropriate, the conclusion of the said geotechnical specialist as to whether any remedial work is required in relation to the excavation or tip being assessed and the date by which such work should be completed;

(d) where appropriate, the conclusion of the said geotechnical specialist as to the date by which the next geotechnical assessment should take place; and

(e) consideration by the said geotechnical specialist of the excavations and tips rules.

(2) The operator shall ensure that—

(a) any significant findings made during a geotechnical assessment and any conclusions reached in accordance with paragraphs (1)(b), (c) or (d) and the reasons for those conclusions are recorded by the geotechnical specialist undertaking the assessment; and

(b) the said geotechnical specialist signs and dates any such record and records his professional qualifications thereon.

(3) The operator shall ensure that any information available to him which may be relevant for the purposes of a geotechnical assessment is made available to the geotechnical specialist undertaking that assessment.

(4) The operator shall ensure that any remedial works identified during the geotechnical assessment in accordance with paragraph (1)(c) are [F1 completed] by the date specified.

Textual Amendments

F1 Word in reg. 33(4) substituted (17.9.2002) by The Health and Safety (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2174), regs. 1, 9(b)

Commencement Information

I1 Reg. 33 in force at 1.1.2000, see reg. 1(1)