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Quarries Regulations (Northern Ireland) 2006

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Regulation 27(1)(a)

SCHEDULE 1CONTENT OF GEOTECHNICAL ASSESSMENTS

Site survey

1.  An accurate plan which should be prepared on a scale not less detailed than 1:2,500 showing—

(a)the boundaries of the quarry or premises upon which the excavation or tip or proposed excavation or tip is or is to be situated;

(b)the site of the excavation or tip or proposed excavation or tip;

(c)any contiguous land or structures which might be affected by the excavation or tip or proposed excavation or tip; and

(d)all mine workings (whether abandoned or not), buried quarry workings, known cave systems, active or former landslips, springs, artesian wells, watercourses and other natural or man-made features including tunnel pipes or culverts which might affect the safety of the excavation or tip or proposed excavation or tip or which might be relevant for the purpose of determining whether excavation or tipping operations can be carried out safely, which plan shall be contoured to Ordnance Datum at a vertical interval not greater than five metres and orientated to and correlated with the Irish Grid and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey of Northern Ireland sheets on the scale of 1:2,500.

Site investigation

2.  A record of all relevant site investigation information including surveys, tests, boreholes and groundwater measurements made for the purpose of the geotechnical assessment together with the results of any testing including the strength of materials within and beneath the tip or within the excavated slope. The record shall include any known historical information relevant to the site investigation.

Cross-sections based on site investigation

3.  Sufficient accurate cross-sections on a scale not less detailed than 1:1,250 of the site of the excavation or tip or proposed excavation or tip showing the existing ground surface and all relevant superficial materials and bedrock underlying the said site and—

(a)any variation in the thickness, level or character of the superficial deposits and bedrock materials based on the site investigation; and

(b)the position of any surface whether natural or manmade which may affect the safety of the excavation or tip or proposed excavation or tip.

Plans based on site investigation

4.  Plans showing the position of all boreholes, wells and trial pits used in the site investigation and the location and levels of all materials and surfaces which may affect the safety of the excavation or tip or proposed excavation or tip.

Assumptions made before analysis

5.  A record of any assumptions relevant to the assessment of ground conditions relating to the safety of the excavation or tip made by the geotechnical specialist including a record of any relevant information which was not available when undertaking the assessment.

Findings of analysis

6.  A record of the calculations carried out in order to determine the safety of the excavation or tip, including any variables or parameters used in those calculations and the reasons for using them and the findings of those calculations expressed as the factor of safety or the probability of failure or other recognised basis of assessing stability.

Design coming out of analysis

7.  An accurate plan on a scale not less detailed than 1:2,500 recording—

(a)in relation to tips or proposed tips, the design of the tip, including the area of land covered or to be covered, the gradients of that land, the designed contours at vertical intervals of not more than two metres, the side slopes and boundaries of the tip and the designed position and nature of construction of any wall or other structure retaining or confining the tip; and

(b)in relation to excavations or proposed excavations, the design of the excavation, including the height or proposed height of the slope, the position and width of any benches and representative contours of the excavation at vertical intervals of not more than five metres.

Requirements during and after construction

8.  A record of the nature and extent of inspection, supervision and safety measures necessary to ensure the safety of the excavation or tip and a specification of necessary engineering works and safety measures. A record of the action to be taken regarding defects specified in the report.

Regulation 42(1)

SCHEDULE 2REVOCATIONS AND AMENDMENTS

PART IREVOCATIONS

Column 1

Title

Column 2

Reference

Quarries (Safety, Health, Equipment and Explosives) Rules (Northern Ireland) 1962S.R. 1962 No. 180
Quarries (Returns and Records) Rules (Northern Ireland) 1963S.R. 1963 No. 41
Quarries (Metrication) Regulations (Northern Ireland) 1992S.R. 1992 No. 216
Quarries Miscellaneous Health and Safety Provisions Regulations (Northern Ireland) 1995S.R. 1995 No. 378

Regulation 42(2)

PART IIAMENDMENTS

Column 1

Title

Column 2

Amendments

Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979(1)
Regulation 5In paragraph (4), after the words “Mines Act (Northern Ireland) 1969” there shall be inserted the words “or regulation 40 of the Quarries Regulations (Northern Ireland) 2006”.
Electricity at Work Regulations (Northern Ireland) 1991(2)
Regulation 3

For sub-paragraphs (b) and (c) of paragraph (1) there shall be substituted the following sub-paragraph—

(b)(i)manager, in relation to a mine within the meaning of the Mines Act (Northern Ireland) 1969; and

(ii)operator, in relation to a quarry within the meaning of regulation 3 of the Quarries Regulations (Northern Ireland) 2006,

to ensure that all requirements and prohibitions imposed by or under these Regulations are complied with in so far as they relate to the mine of which he is the manager or the quarry of which he is the operator, as the case may be, and to matters which are within his control.

Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993(3)
Regulation 2

In paragraph (1), for the definition of “quarry” there shall be substituted the following definition—

‘ “quarry” means a quarry within the meaning of the Quarries Regulations (Northern Ireland) 2006;’.

Mines and Quarries (Tips and Tipping Plans) Regulations (Northern Ireland) 1995(4)
Regulations 6(4), 6(5), 12(1), 17(1), 17(2), 17(3), 17(4), 18(1). 19(1), 20(1), 20(2), 28(1), 29(1), 31(1), 31(3), 31(4), 32 and 35(1)The words “or quarry” shall be omitted wherever they occur.
Regulation 2

In paragraph (1)—

the definition of “the 1983 Order” shall be omitted;

in the definitions of “active tip”, “closed tip” and “tip”, paragraph (b) shall be omitted;the definition of “owner” shall be omitted;

in the definition of “the person having responsibility for a tip”, sub-paragraph (a) shall be omitted; and

in the definition of “tipping operations”, the words “or quarry” shall be omitted.

In paragraph (2)—

the words “or quarry” shall be omitted wherever they occur;

in sub-paragraph (a), the words “or as the case may be, the 1983 Order” shall be omitted;

in sub-paragraph (b), the words “or the 1983 Order”, “respectively” and “or Order” shall be omitted; and

in sub-paragraph (c), the words “or quarries” shall be omitted where they twice occur.

In paragraph (3), the words “and the 1983 Order in relation to quarries” shall be omitted.

Regulation 4

In paragraph (1), the words “and of the owner and of the agent of every quarry” shall be omitted.

In paragraph (2)—

the words “, and the agent of a quarry as such shall not be guilty of an offence by virtue of Article 20(2) of the 1983 Order” shall be omitted;

for the word “provides” there shall be substituted the word “provide”;

for the word “they” there shall be substituted the word “he”;

the words “or quarry” shall be omitted;

in sub-paragraph (a), the words “the 1983 Order,” and “or Order” shall be omitted; and

in sub-paragraphs (b) and (c), the words “, the 1983 Order” shall be omitted wherever they appear.

In paragraph (4), the words “or quarry” shall be omitted.

In paragraph (5), the words “or quarry” and “or, as the case may be, the agent of the quarry” shall be omitted.

In paragraph (6), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

Regulation 5In paragraph (1), the words “and quarry” shall be omitted.
Regulation 7

In paragraph (1), the words “and of the owner of every quarry” shall be omitted.

In paragraph (2), the words “and quarry” shall be omitted and for the words “, Regulations made under section 128 of the 1969 Act or Rules made under Article 9 of the 1983 Order” there shall be substituted the words “or Regulations made under section 128 of the 1969 Act”.

Regulation 8

In paragraphs (1), (2), (5) and (6), the words “or quarry” shall be omitted.

In paragraph (3), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

Regulation 9

In paragraph (1), the words “or quarry” shall be omitted wherever they occur and the words “or the owner of the quarry” shall be omitted.

In paragraphs (2) and (3), the words “or quarry” shall be omitted wherever they occur.

In paragraph (4), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

Regulation 10

In paragraph (1), the words “or quarry” shall be omitted wherever they occur and the words “or, as the case may be, the owner of the quarry” shall be omitted.

In paragraph (3), the words “or, as the case may be, the owner of the quarry concerned,” and “or owner” shall be omitted.

In paragraph (4), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

In paragraph (7), for the words “, Regulations made under the 1969 Act or Rules made under the 1983 Order” there shall be substituted the words “or Regulations made under the 1969 Act”.

In paragraph (8), the words “or quarry” shall be omitted wherever they occur and the words “and the owner of every quarry” shall be omitted.

In paragraph (9), the words “or the owner of a quarry” and “or quarry” shall be omitted.

Regulation 11

The words “or quarry” shall be omitted wherever they occur.

In paragraph (a), the words “or, as the case may be, the owner of the quarry” and “or, as the case may be, by the owner of the quarry” shall be omitted.

Regulation 13

In paragraph (1), the words “or quarry” shall be omitted wherever they occur and the words “or, as the case may be, of the owner of the quarry” shall be omitted.

In paragraph (2), the words “or the owner of the quarry”, “or owner” and “or quarry” shall be omitted.

Regulation 14The words “or quarry” and “or, as the case may be, of the owner of the quarry” shall be omitted wherever they occur.
Regulation 15The words “or of the owner of the quarry” shall be omitted.
Regulation 21The words “and quarry” shall be omitted.
Regulation 33In paragraph (2), sub-paragraphs (b), (c), (d) and (e) shall be omitted.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997(5)
Regulation 2(1)

For the definition of “quarry” there shall be substituted the following definition—‘ “quarry” means a quarry within the meaning of regulation 3 of the Quarries Regulations (Northern Ireland) 2006’.

The following definition shall be inserted—

‘ “operator” in relation to a quarry has the meaning assigned to it by the Quarries Regulations (Northern Ireland) 2006;’.

In the definition of “owner”, paragraph (c) shall be omitted.

In sub-paragraph (a)(ii) of the definition of “responsible person”, for the words “owner, occupier or agent” there shall be substituted the word “operator” and in paragraph (a)(iii), the words “or quarry” shall be omitted.

Regulation 8

In the heading, the words “and quarries” shall be inserted at the end.

After the words “relating to mines” there shall be inserted the words “or quarries”.

Schedule 2, Part IIIIn paragraph 45, for the words “to which Article 9 of the Quarries (Northern Ireland) Order 1983 applies” there shall be substituted the words “to which the Quarries Regulations (Northern Ireland) 2006 apply”.
Schedule 5

In the heading the words “or quarries” shall be inserted at the end.

In paragraph 1, after the words “In this Schedule—” there shall be inserted the following definition:

“appropriate person” means—

(a)

in the case of a mine, the responsible person;

(b)

in the case of a quarry, the responsible person or a person appointed in the management structure of that quarry established pursuant to regulation 8(1) of the Quarries Regulations (Northern Ireland) 2006.

In paragraph (b) of the definition of “nominated person”, after the words “at a mine” there shall be inserted the words “or quarry”.

In paragraph 2, after the words “at a mine” there shall be inserted the words “or quarry”.

In paragraph 3, after the words “at a mine” there shall be inserted the words “or quarry”.

In paragraph 4(1)(b), after the words “Mines Act (Northern Ireland) 1969” there shall be inserted the words “or, as the case may be, regulation 34 of the Quarries Regulations (Northern Ireland) 2006”.

In paragraph 4(3)(a)(ii), after the words “at the mine” there shall be inserted the words “or quarry”.

In paragraph 4(5), after the words “of the mine” there shall be inserted the words “or quarry”.

In paragraph 5(b), after the words “Mines Act (Northern Ireland) 1969” there shall be inserted the words “or, as the case may be, regulation 34 of the Quarries Regulations (Northern Ireland) 2006”.

Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999(6)
Regulation 2

In paragraph (1), for the definition of “quarry” there shall be substituted the following definition—

‘ “quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations (Northern Ireland) 2006;’.

Schedule 2In paragraph 1, for the words “Article 16 of the Quarries (Northern Ireland) Order 1983” there shall be substituted the words “regulation 39(1) of the Quarries Regulations (Northern Ireland) 2006”.
Ionising Radiations Regulations (Northern Ireland) 2000(7)
Regulation 4

For paragraph (3) there shall be substituted the following paragraph—

(3) Duties under these Regulations imposed upon the employer shall also be imposed upon the operator of a quarry (within the meaning of regulation 3 of the Quarries Regulations (Northern Ireland) 2006) in so far as those duties relate to the quarry or part of the quarry of which he is the occupier and to matters under his control.

Gas Safety (Installation and Use) Regulations (Northern Ireland) 2004(8)
Regulation 2In paragraph (4)(b), for the words “Article 2(2) of the Quarries (Northern Ireland) Order 1983” there shall be substituted the words “regulation 3 of the Quarries Regulations (Northern Ireland) 2006” and for the words “or that Order” there shall be substituted the words “or those Regulations”.
Pressure Systems Safety Regulations (Northern Ireland) 2004(9)
Regulation 2In paragraph (1), in sub-paragraph (b) of the definition of “user”, for the words “Article 2(2) of the Quarries (Northern Ireland) Order 1983” there shall be substituted the words “regulation 3 of the Quarries Regulations (Northern Ireland) 2006”.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006(10)
Regulation 2

In paragraph (1), for the definition of “quarry” there shall be substituted the following definition—

‘ “quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations (Northern Ireland) 2006;’.

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