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(1)In this Act, [F1except in this Part where the words “or quarry” shall be omitted,]the expression “tip” means an accumulation or deposit of refuse from a mine or quarry (whether in a solid state or in solution or suspension) other than an accumulation or deposit situated underground, and where any wall or other structure retains or confines a tip then, whether or not that wall or structure is itself composed of refuse, it shall be deemed to form part of the tip for the purposes of this Act.
(2)Subject to subsections (3) and (4) below, a tip is one to which F2. . . this Act applies if either—
(a)the tip is on premises which are deemed to form part of a mine or [F3for the purposes of Part II of this Act]quarry for the purposes of the principal Act by virtue of section 180(4) of that Act (which relates to premises for the time being used for the deposit of refuse) [F4as in force immediately before the coming into force of the Quarries Regulations 1999]; or
(b)the tip is not on such premises but the mine or [F5for the purposes of Part II of this Act]quarry with which it is associated has not been abandoned and the premises on which the tip is situated continue to be occupied exclusively by the owner of that mine or [F5for the purposes of Part II of this Act]quarry;
and for the purposes of this Part of this Act a tip is an “active tip” if it falls within paragraph (a) above and a “closed tip” if it falls within paragraph (b) above.
(3)If part, but not the whole, of any premises on which a tip is situated is occupied exclusively by the owner of a mine F6. . . and, by reason only that the whole of those premises is not occupied exclusively by the owner, the tip is not, apart from this subsection, one to which this Part of this Act applies (whether as an active tip or a closed tip) then,—
(a)subject to any direction under paragraph (b) below, the tip shall be deemed to be an active tip or a closed tip, as the case may be, and if an active tip, the premises on which it is situated shall be treated, for the purposes of the principal Act and this Part of this Act, as forming part of the mine F6. . . with which it is associated; and
(b)[F7the Health and Safety Executive may] direct that, as from such day as may be specified in the order, the whole or such part of the tip as may be so specified shall cease to be a tip to which this Part of this Act applies.
(4)If the whole or any part of a tip which, apart from this subsection, would be a tip to which this Part of this Act applies is appropriated to some use which, in the opinion of [F8the Health and Safety Executive], is inconsistent with the resumption of tipping operations on the tip, or on a particular part of it, [F7the Health and Safety Executive may] direct that, as from such day as may be specified in the order, the whole or such part of the tip as may be so specified shall cease to be a tip to which this Part of this Act applies.
(5)Notwithstanding anything in subsection (3)(a) above or in section 180(4) of the principal Act, where an order is made under subsection (3)(b) or subsection (4) above in relation to a tip which, apart from the order, would be an active tip, then, for the purposes of the principal Act and this Part of this Act, the premises on which the tip, or the part thereof which is specified in the order, is situated shall cease to form part of a mine F6. . . as from the day specified in the order; but where such an order relates to part only of the tip, then (subject to any subsequent order) the remainder of the tip shall, of itself, be treated as an active tip and accordingly the premises on which the remainder of the tip is situated shall continue to form part of the mine F6. . . with which the tip is associated.
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