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The Mines Regulations (Northern Ireland) 2016

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Regulation 32(7)

SCHEDULE 1Support System Standards for Coal Mines

1.  In the case of face workings where props are used—

(a)the maximum distance between props in the same row shall be 1.2 metres;

(b)the maximum distance between adjacent rows of props shall be 1.2 metres;

(c)the sum of the distances between the props in the same row and between adjacent rows of props shall not exceed 2.1 metres;

(d)the bars shall always be used above the props where the extracted height exceeds 0.6 metres; and

(e)the maximum distance between the row of props closest to the face and the face shall be—

(i)where an armoured conveyor is used and persons do not normally work on the face side of the conveyor, 2 metres; and

(ii)in all other cases when filling or loading at the face has been completed, 0.9 metres.

2.  In the case of face workings where bars are used—

(a)the maximum distance between adjacent bars in the same row shall be 1.2 metres; and

(b)bars shall be advanced as soon as practicable after extraction and set so that the maximum distance between the end of the bar closest to the face and the face is 0.4 metres.

3.  In the case of workings where powered supports are used—

(a)such supports shall be advanced as soon as practicable after extraction and set so that the maximum distance between the end of the beam closest to the face and the face is 0.5 metres;

(b)during normal production at any place where a machine is used which shears mineral to a depth exceeding 0.4 metres, the machine shall not be permitted to approach within 27 metres of any powered support which has not been advanced from the previous cut; and

(c)where an immediate forward support system is used, the supports shall be advanced—

(i)as close as practicable behind the coal-getting machine, and

(ii)in any event, no more than 10 metres behind the coal-getting machine.

4.  For the purpose of paragraph 3—

(a)“powered support” means a support which is advanced and set to the roof by mechanical energy;

(b)“beam” means that part of a powered support system designed to be set to the roof; and

(c)“immediate forward support system” means a system of supports designed to be advanced and set to the roof immediately after extraction by a coal-getting machine.

5.  In the case of face workings where packs are used—

(a)the maximum width of roof exposed by the working of mineral since the completion of the last pack shall be 2.1 metres; and

(b)the waste edge parallel to the face shall be no more than 1.5 metres in advance of the front line of pack bounding that waste.

6.  In the case of face workings where persons work or pass more than 0.9 metres beyond the front row of props or other supports, temporary supports shall be used and no person may work more than 0.9 metres from a temporary support.

7.  In this Schedule, “face working”—

(a)in relation to a working face at which supports are systematically withdrawn, means all that part of the mine between the face and the front line of the packs, if any, or the last row of supports for the time being maintained, whichever is the further from the face; and

(b)in relation to a working face at which supports are not systematically withdrawn, means all that part of the mine between the face and a line parallel to it and 3.7 metres from it.

8.  In the case of roadways where props and bars are used as the principal support—

(a)the maximum distance between adjacent bars shall be 1.2 metres;

(b)the minimum number of props per bar shall be 2; and

(c)the maximum distance from the last bar to the face shall be 3.5 metres.

9.  In the case of roadways where steel arches are used as the principal support—

(a)the maximum distance between adjacent arches shall be 1.2 metres; and

(b)the maximum distance between the last arch before the face and the face shall be 3.5 metres.

10.  In the case of roadways where rockbolts are used as the principal support—

(a)the minimum density of rockbolts in the roof shall be 1 bolt per square metre;

(b)the minimum length of rockbolt in the roof shall be 1.8 metres; and

(c)the maximum distance between the last completed row of rockbolts and the face shall be 3.5 metres.

11.  In the case of roadways where machines are used to cut and simultaneously load, the maximum advance per cycle of any such machine shall be 1.2 metres.

12.  In the case of roadways where persons work or pass in front of the last permanent support—

(a)temporary supports shall be used; and

(b)the maximum distance between the last permanent support and the first line of temporary supports shall be 1.2 metres, except where props are used, when that distance shall be 0.9 metres.

13.  For the purpose of this Schedule, “bar” means a support designed to be set between a prop and the roof.

Regulation 62(2)

SCHEDULE 2Content of Geotechnical Assessments

Site Survey

1.  An accurate plan, which should be prepared on a scale not less detailed than 1:2500, showing—

(a)the boundaries of the mine or premises on which the mine or tip, or proposed mine or tip, is or is to be situated;

(b)the site of the mine or tip, or proposed mine or tip;

(c)any contiguous land or structures which might be affected by the mine or the tip or proposed mine 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 manmade features including tunnel pipes or culverts which might affect the safety of the mine or tip, or proposed mine or tip, or which might be relevant for the purpose of determining whether mining or tipping operations can be carried out safely,

which plan must be contoured to Ordnance Datum at a vertical interval not greater than 5 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 1:2500.

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 investigations

3.  Sufficient accurate cross sections on a scale not less detailed than 1:1250 of the site of the tip or proposed tip showing the existing ground surface and all relevant superficial materials and bedrock underlying the 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 tip or proposed 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 tip or proposed tip.

Assumptions made before analysis

5.  A record of any assumptions relevant to the assessment of ground conditions relating to the safety of the 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 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 1:2500 recording, 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 2 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.

Requirements during and after construction

8.  A record of—

(a)the nature and extent of the inspection, supervision and safety measures necessary to ensure the safety of the tip;

(b)a specification of necessary engineering works and safety measures; and

(c)the action to be taken regarding defects specified in the report.

Regulation 73(1)

SCHEDULE 3Repeals

EnactmentExtent of Repeal

Mines Act (Northern Ireland) 1969

Sections 1 to 20In full
Section 28In full
Sections 30 and 31In full
Sections 36 and 37In full
Sections 39 to 46In full
Sections 48 and 49In full
Sections 51 to 56In full
Sections 58 to 62In full
Sections 64 to 67In full
Section 69In full
Sections 73 to 77In full
Sections 79 and 80In full
Sections 83 and 84In full
Sections 86 to 91In full
Sections 94 and 95In full
Section 97In full
Section 105In full
Sections 112 to 116In full
Sections 118 and 119In full
Section 120Subsection (5)
Section 122In full
Sections 126 to 128In full
Section 132In full
Section 136In full
Section 140In full
Sections 145 and 146In full
Sections 148 and 149In full
Section 158Subsections (2) and (3)(b)
Section 160In full
Section 163In full
Schedule 3In full
Schedule 5In full

Regulation 73(2) and (3)

SCHEDULE 4Revocations and partial revocations

PART 1Revocations

Miscellaneous Mines (General Regulations) Order (Northern Ireland) 1970(1)

Miscellaneous Mines (Explosives Regulations) Order (Northern Ireland) 1970(2)

Mines (Medical Examinations) Regulations (Northern Ireland) 1970(3)

Mines (Manner of Search for Smoking Materials) Order (Northern Ireland) 1970(4)

Mines (References) Rules (Northern Ireland) 1970(5)

Coal and Other Mines (Ventilation) Regulations (Northern Ireland) 1970(6)

Coal and Other Mines (Precautions against Inrushes) Regulations (Northern Ireland) 1970(7)

Coal and Other Mines (Managers and Officials) Regulations (Northern Ireland) 1970(8)

Coal and Other Mines (Fire and Rescue) Regulations (Northern Ireland) 1970(9)

Coal and Other Mines (First-Aid) Regulations (Northern Ireland) 1970(10)

Coal and Other Mines (Shafts, Outlets and Roads) Regulations (Northern Ireland) 1970(11)

Coal and Other Mines (General Duties and Conduct) Regulations (Northern Ireland) 1970(12)

Coal and Other Mines (Surveyors and Plans) Regulations (Northern Ireland) 1970(13)

Coal and Other Mines (Sanitary Conveniences) Regulations (Northern Ireland) 1970(14)

Coal and Other Mines (Safety-Lamps and Lighting) Regulations (Northern Ireland) 1970(15)

Coal and Other Mines (Mechanics and Electricians) Regulations (Northern Ireland) 1970(16)

Coal and Other Mines (Precautions against Inflammable Dust) Regulations (Northern Ireland) 1970(17)

Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations (Northern Ireland) 1970(18)

Mines (Emergency Egress) Regulations (Northern Ireland) 1975(19)

Mines and Quarries (Repeals and Modifications) Regulations (Northern Ireland) 1980(20)

Mines (Metrication) Regulations (Northern Ireland) 1991(21)

Miscellaneous Mines (Metrication) Regulations (Northern Ireland) 1991(22)

Coal and Other Mines (Metrication) Regulations (Northern Ireland) 1991(23)

Mines and Quarries (Tips and Tipping Plans) Regulations (Northern Ireland) 1995(24)

Mines Miscellaneous Health and Safety Provisions Regulations (Northern Ireland) 1995(25)

Mines (Substances Hazardous to Health) Regulations (Northern Ireland) 1998(26)

Mines (Safety of Exit) Regulations (Northern Ireland) 1998(27)

Escape and Rescue from Mines Regulations (Northern Ireland) 1999(28)

PART 2Partial revocations

InstrumentExtent of revocation

The Health and Safety (First-Aid) Regulations (Northern Ireland) 1982(29)

Regulation 7(d)
The Electricity at Work Regulations (Northern Ireland) 1991(30)

Regulation 2(1), the definitions of “firedamp” and “safety-lamp mine”

Regulations 17 to 28 and Schedule 1

The Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003(31)Regulation 3(2)(e)
The Supply of Machinery (Safety) Regulations 2008(32)Regulation 27(2)(i)

Regulation 74

SCHEDULE 5Modifications

PART 1Modifications to primary legislation

1.  In the 1969 Act:

(a)for section 156 substitute the following—

Meaning of “mine”

156.(1) This section defines “mine” for the purposes of this Act.

(2) “Mine” means an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of—

(a)minerals (in their natural state or in solution or suspension), or

(b)mineral products.

(3) A mine is deemed to include so much of the surface (including buildings, structures or works on it) surrounding or adjacent to the shafts or outlets of the mine as is occupied with the mine for the purpose of, or in connection with—

(a)working the mine,

(b)the storage, treatment or preparation for sale, consumption or use of minerals or mineral products extracted from the mine, or

(c)the removal from the mine of minerals or mineral products extracted from it or of refuse from it.

(4) But a mine is not deemed to include premises in which a manufacturing process is carried on for a purpose other than—

(a)working the mine, or

(b)the preparation for sale of minerals extracted from the mine.

(5) Premises used to deposit refuse from a single mine and occupied exclusively by the owner of the mine are deemed to form part of the mine.

(6) Premises used to deposit refuse from two or more mines and occupied by the owner of one of the mines (either exclusively or jointly with the owner of the other or any of the others) are deemed to form part of whichever of the mines the Executive directs.

(7) A railway line serving one or more mines, other than a line falling within subsection (3) or belonging to a railway company, is deemed to form part of the mine or (if more than one) of whichever of the mines the Executive directs.

(8) A conveyor or aerial ropeway provided for the removal from a mine of minerals extracted from it, or of refuse from it, is deemed to form part of the mine.;

(b)in section 158, for paragraph (a) of subsection (3) substitute the following–

(a)a mine shall be treated as being worked at any time when there are persons at work below ground or plant or equipment is in operation at the mine to maintain the safety of that mine or of any other mine or the operation of driving a shaft or outlet is being undertaken at the mine.

PART 2Modifications to secondary legislation

2.  In the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979(33), in regulation 5(4), omit “section 105 of the Mines Act (Northern Ireland) 1969 or”.

3.  In the Health and Safety (First Aid) Regulations (Northern Ireland) 1982(34)—

(a)in regulation 2, in the definition of “mine”, for “section 156 of the Mines Act (Northern Ireland) 1969” substitute “regulation 3 of the Mines Regulations (Northern Ireland) 2016”;

(b)for regulation 8 substitute—

Application to mines

8.(1) Subject to paragraph (2), these Regulations (except regulation 3(3) and (4) and regulation 5) shall apply to mines.

(2) In their application to mines—

(a)regulation 3(1), (2) and (5) and regulation 4 shall have effect as if the mine operator were the employer and as if all persons for the time being at work in the mine were the mine operator’s employees; and

(b)regulation 3(2) shall be read as if the words “Subject to paragraphs (3) and (4)” were omitted.

(3) In this regulation, “mine operator” has the meaning given by regulation 2(1) of the Mines Regulations (Northern Ireland) 2016.

4.  In the Electricity at Work Regulations (Northern Ireland) 1991—

(a)in regulation 3(1)(35)—

(i)for sub-paragraph (b)(i), substitute—

(i)mine operator, in relation to a mine within the meaning of regulation 3 of the Mines Regulations (Northern Ireland) 2016, and; and

(ii)for “of which he is the manager” substitute “of which he is the mine operator”;

(b)for regulation 3(3), substitute—

(3) In this regulation—

“owner”, “occupier”, “agent” and “quarry” have the meanings respectively assigned to them by Article 2(2) of the Quarries (Northern Ireland) Order 1983; and

“mine operator” has the meaning given by regulation 2(1) of the Mines Regulations (Northern Ireland) 2016.; and

(c)in regulation 29, for “15,16 or 25” substitute “15 or 16”.

5.  In the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993(36), for regulation 3 substitute—

Application of these Regulations

3.(1) These Regulations shall apply to every workplace but shall not apply to—

(a)a workplace which is or is in or on a ship, save that regulations 8(1) and (3) and 12(1) and (3) shall apply to such a workplace where the work involves any of the relevant operations in—

(i)a shipyard, whether or not the shipyard forms part of a harbour or wet dock; or

(ii)dock premises, not being work done—

(aa)by the master or crew of a ship;

(bb)on board a ship during a trial run;

(cc)for the purpose of raising or removing a ship which is sunk or stranded; or

(dd)on a ship which is not under command, for the purpose of bringing it under command;

(b)a workplace which is a construction site within the meaning of the Construction (Design and Management) Regulations (Northern Ireland) 2016, and in which the only activity being undertaken is construction work within the meaning of those Regulations, save that—

(i)regulations 18 and 25A apply to such a workplace; and

(ii)regulations 7(1A), 12, 14, 15, 16, 18, 19 and 26(1) apply to such a workplace which is indoors; or

(c)a workplace located below ground at a mine, except that regulation 20 shall apply to such a workplace subject to the modification in paragraph (7).

(2) Regulation 12 shall not apply to a workplace located above ground at a mine that is a tip (within the meaning of regulation 2(1) of the Mines Regulations (Northern Ireland) 2016).

(3) In their application to temporary work sites, any requirement to ensure a workplace complies with any of regulations 20 to 25 shall have effect as a requirement to so ensure so far as is reasonably practicable.

(4) As respects any workplace which is or is in or on an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 or a vehicle exempted from duty under that Act—

(a)regulations 5 to 12 and 14 to 25 shall not apply to any such workplace; and

(b)regulation 13 shall apply to any such workplace only where the aircraft, locomotive or rolling stock, trailer or semi-trailer or vehicle is stationary inside a workplace and, in the case of a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994, is not on a public road.

(5) As respects any workplace which is in fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking’s main buildings—

(a)regulations 5 to 19 and 23 to 25 shall not apply to any such workplace; and

(b)any requirement to ensure that any such workplace complies with any of regulations 20 to 22 shall have effect as a requirement to so ensure so far as is reasonably practicable.

(6) As respects any workplace that is a quarry—

(a)regulation 12 only applies to a floor or traffic route that is located inside a building; and

(b)regulation 20 shall apply to such a workplace subject to the modification in paragraph (7).

(7) In relation to any workplace that is a quarry or located below ground at a mine, the requirement that sanitary conveniences provided under regulation 20 shall be at readily accessible places shall have effect as a requirement that such sanitary conveniences shall be, so far as is reasonably practicable, at readily accessible places.

(8) For the purposes of this regulation—

(a)“dock premises” means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities;

(b)“mine” means a mine within the meaning of regulation 3 of the Mines Regulations (Northern Ireland) 2016;

(c)“relevant operations” means, in relation to a ship, its repairing, refitting, painting and finishing, the scaling, scurfing or cleaning of its boilers (including combustion chambers or smoke boxes) and the cleaning of its bilges or oil-fuel tanks or any of its tanks last used for carrying oil;

(d)“ship” includes all vessels and hovercraft which operate on water or land and water;

(e)“shipyard” means any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished; and

(f)“vessel” means any description of craft used for the transport of goods or passengers or the storage of goods or the accommodation of passengers on water, whether used in navigation or not.

6.  In the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999(37), in regulation 2(1), in the definition of “mine” for “section 156(1) of the Mines Act (Northern Ireland) 1969” substitute “section 156 of the Mines Act (Northern Ireland) 1969”.

7.  In the Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999(38), for regulation 9(5), substitute—

(5) This regulation does not apply to winding apparatus to which the Mines Regulations (Northern Ireland) 2016 apply.

8.  In the Ionising Radiations Regulations (Northern Ireland) 2000(39) in regulation 4—

(a)for paragraph (2) substitute—

(2) Duties under these Regulations imposed upon the employer shall also be imposed upon the mine operator of a mine (within the meaning of regulation 3 of the Mines Regulations (Northern Ireland) 2016) in so far as those duties relate to the mine of which he is the mine operator and to matters under his control.;

(b)after paragraph (4) insert—

(5) In this regulation, “mine operator” has the meaning given by regulation 2(1) of the Mines Regulations (Northern Ireland) 2016.

9.  In PUWER, in place of regulation 6(5)(d) substitute—

(d)winding apparatus to which the Mines Regulations (Northern Ireland) 2016 apply;

10.  In the Quarries Regulations (Northern Ireland) 2006(40) in regulation 3(1)(c) for “section 156 of the 1969 Act” substitute “regulation 3 of the Mines Regulations (Northern Ireland) 2016”.

11.  In the Pressure Systems Safety Regulations (Northern Ireland) 2004(41), in regulation 2(1), in the definition of “user”, for paragraph (a) substitute—

(a)a mine within the meaning of regulation 3 of the Mines Regulations (Northern Ireland) 2016 it means the mine operator (within the meaning of regulation 2(1) of those Regulations) for the time being of that mine;.

12.  In the REACH Enforcement Regulations 2008(42), in paragraph 1(m)(ii) of Part 1 of Schedule 3 for “section 156(1) of the Mines Act (Northern Ireland) 1969 ” substitute “section 156 of the Mines Act (Northern Ireland) 1969” .

13.  In the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997(43)—

(a)in regulation 2(1)—

(i)for the definition of “mine” substitute—

“mine” has the meaning given by regulation 3 of the Mines Regulations (Northern Ireland) 2016 and for the purposes of these Regulations includes a tip within the meaning of regulation 4(3)(b) of those Regulations which is associated with such a mine.;

(ii)in the definition of “responsible person”, in paragraph (a)(i) for “the manager of that mine” substitute “the mine operator (within the meaning of regulation 2(1) of the Mines Regulations (Northern Ireland) 2016) of that mine”;

(b)in Part 2 of Schedule 2—

(i)in paragraph 24, for “regulation 13(1) of the Coal and other Mines (Fire and Rescue) Regulations (Northern Ireland) 1970 or section 79 of the Mines Act (Northern Ireland) 1969” substitute “an escape and rescue plan within the meaning of regulation 54 of the Mines Regulations (Northern Ireland) 2016”;

(ii)in paragraph 34, for “regulation 4 of the Mines (Safety of Exit) Regulations (Northern Ireland) 1998” substitute “regulation 51 of the Mines Regulations (Northern Ireland) 2016”; and

(iii)in paragraph 37, for “Part XI of the Mines Act (Northern Ireland) 1969 applies” substitute “the Mines Regulations (Northern Ireland) 2016 apply”.

(c)in paragraphs 4(1)(b) and 5(b) of Schedule 5, for “workmen’s inspectors exercising the powers conferred on them by section 105 of the Mines Act (Northern Ireland) 1969” substitute “safety representatives exercising the powers conferred on them by regulation 5 of the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979 in relation to a mine”.

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