10E+W+SSubsections (2) to (4) of section 42 (colliery spoilbanks) shall not apply to any deposit of refuse deposited from a mine or quarry before 5th July 1956 (the date of the passing of the Clean Air Act 1956) if at that date the deposit was not longer in use as such and was not under the control of the owner of the mine or quarry.