The Mines and Quarries (Tips) Regulations 1971

Supervision of Tips

5.—(1) For every active tip there shall be appointed by the person having responsibility for the tip a competent person to supervise or effect the carrying out of tipping operations on the tip.

(2) For every active and closed tip there shall be appointed by the person having responsibility for the tip a competent person to supervise or effect—

(a) any provision of a system of drainage for the tip;

(b) the maintenance in proper order of the drainage of the tip; and

(c) the making and keeping of the tip secure.

(3) For every active and closed tip other than a classified tip there shall be appointed by the person having responsibility for the tip a competent person to supervise or effect the regular inspection of the tip and of the premises on which it is situated and to the best of his ability of its drainage.

(4) Every competent person so appointed under this regulation shall record in a book provided for that purpose by the owner of the mine or quarry with which the tip is associated a report of every defect revealed by any inspection of the tip, the premises on which it is situated and its drainage in pursuance of this regulation.

(5) The person having responsibility for a tip shall record in a book provided for that purpose by the owner of the mine or quarry with which the tip is associated the action taken to remedy any defect revealed by any inspection of the tip, the premises on which it is situated and its drainage in pursuance of this regulation.

6.—(1) It shall be the duty of the owner and, without prejudice to the provisions of section 14 of the 1954 Act, of the manager of every mine and of the owner of every quarry to ensure to the best of his ability that every person appointed by him in pursuance of these regulations to carry out supervision or inspections understands the nature and scope of any duties which fall to be performed by that person by virtue of these regulations.

(2) It shall be the duty of the owner of every mine and quarry with which is associated a closed tip, with respect to each report, record or other item of information on or relating to the tip which, in pursuance of any provision of the Mines and Quarries Acts 1954 and 1969 or regulations, is entered in a book which by or by virtue of those Acts is required to be provided by him for that purpose, to secure that there is promptly brought—

(a) to his notice; or

(b) to the notice of any person to whom written instructions have been given by the owner in pursuance of section 1 of the 1954 Act specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the tip of statutory responsibilities of the owner, matters of the class to which the provision relates

any matter disclosed by the report, record or other item of information which either is of an abnormal or unusual nature as regards the tip or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the owner or any other person.