The Quarries Regulations 1999

Operator’s duties in relation to excavations and tips which are a significant hazard (“notifiable” excavations and tips)

34.—(1) Where the conclusion recorded by a geotechnical specialist in accordance with regulation 33(1)(b) following a geotechnical assessment of a proposed or existing excavation or tip is that the excavation or tip represents a significant hazard by way of instability or movement, the operator shall ensure, subject to regulation 33(1)(d), that the said excavation or tip is subject to a further geotechnical assessment at least every two years.

(2) Without prejudice to paragraph (1), where, in relation to an excavation or tip which falls within paragraph (1) there is any reason—

(a) to suspect that there has been or will be a significant change to—

(i) the matters to which the geotechnical assessment relates, or

(ii) any neighbouring land which may be affected by movement by or instability of the excavation or tip; or

(b) to doubt the validity of the conclusion of the current assessment,

the operator shall ensure that a further geotechnical assessment is undertaken as soon as is reasonably practicable.

(3) For the purposes of these Regulations, excavations and tips falling within paragraph (1) shall be known as “notifiable excavations” and “notifiable tips” respectively.