35.—(1) Before undertaking any working in a mine which would be within—
(a)45 metres (measured in any plane) of—
(i)the surface; or
(ii)any other potentially hazardous area within the meaning of any of sub-paragraphs (i) to (iii) of regulation 34(3)(b), except disused mine workings; or
(b)37 metres (measured in any plane) of any disused mine workings,
the mine operator must assess the risk of the occurrence of an inrush to determine whether precautionary measures are necessary to prevent an inrush.
(2) Where the risk assessment indicates that precautionary measures are necessary, the mine operator must ensure that the working is not carried on unless—
(a)a suitable scheme of work is prepared which lays down the procedures designed to ensure that an inrush does not occur; and
(b)the procedures required by the scheme are implemented.
(3) The mine operator must ensure that a copy of the scheme is kept at the mine until the working is completed.