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(1)Where two or more parts of a mine are worked separately, then, if the owner of the mine by notice served on[F1 the Executive] so requires, each such part shall, until the notice is withdrawn by a subsequent notice served by the owner on[F1 the Executive], be treated for the purposes of this Act as a separate mine; but where the parts of a mine worked separately, or any of them, have a common system of ventilation or any part of a system of ventilation in common, a notice under this subsection requiring that each part of the mine that is worked separately shall be treated as a separate mine shall be of no effect unless it is approved by[F1 the Executive] by notice served on the owner of the mine.
(2)A notice under subsection (1) requiring that each part of a mine worked separately shall be treated as a separate mine shall be of no effect unless it specifies the points of separation of all roads connecting the parts of the mine that are worked separately.
(3)If an inspector reports to[F1 the Executive] that he is of opinion with respect to a mine whereof parts are, by virtue of this section, for the time being treated for the purposes of this Act as separate mines, that the division of the mine prejudices or is likely to prejudice the safety or health of the persons employed thereat (or any of them),[F1 the Executive] may serve on the owner of the mine a notice directing that subsection (1) shall cease to apply to the mine.
The provisions of this Part with respect to references upon notices served by[F1 the Executive] shall apply to a notice served under this subsection.
F1SR 1999/150
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