Mines and Quarries Act 1954

Precautions against external Dangers to Workings

75 Duty of mine owners and managers to seek evidence of proximity of disused workings, water-bearing strata, and c

(1) In the case of every mine, the owner thereof and the manager thereof shall each be charged with the duty—

(a) of taking such steps as may be necessary for securing that he is at all material times in possession of all information which indicates or tends to indicate the presence or absence, in the vicinity of any workings carried on or proposed to be carried on in the mine, of—

(i) any disused workings (whether mine workings or not);

(ii) any rock or stratum containing or likely to contain water (whether dispersed or in natural cavities);

(iii) any peat, moss, sand, gravel, silt or other material that is likely to flow when wet; and

(b) of taking such steps as may be necessary for the purpose of substantiating any such information which comes into his possession (whether in consequence of the discharge of the duty imposed upon him by the foregoing paragraph or not).

(2) In the case of every mine, the owner thereof and the manager thereof shall each be charged with the duty—

(a) forthwith after any such information as is mentioned in paragraph (a) of the foregoing subsection comes into his possession (whether in consequence of the discharge of the duty imposed upon him by that paragraph or not), of furnishing to the other particulars of the information; and

(b) forthwith after taking any steps in discharge of the duty imposed upon him by paragraph (b) of that subsection, of furnishing to the other particulars of the steps taken and of any conclusion reached as a result of taking them.

76 Duty of mine owners and managers to ascertain thickness of strata between workings and surface water

(1) It shall be the duty both of the owner and of the manager of every mine to take, with respect to any workings carried on or proposed to be carried on in the mine in the vicinity of the sea, a lake or river or any other body of surface water (whether accumulated naturally or artificially) such steps as may be necessary for ascertaining the total thickness of the strata lying between the workings and the surface water.

(2) In the case of every mine, the owner thereof and the manager thereof shall each be charged with the duty, forthwith after obtaining any information in consequence of the discharge of the duty imposed upon him by the foregoing subsection, of furnishing to the other particulars of the information obtained.

77 General duty to take precautions against inrushes of gas, water, and c

It shall be the duty of the manager of every mine to take, with respect to every working in the mine, such steps as may be necessary to prevent any inrush into the working of gas from disused workings (whether mine workings or not) or of water or material that flows when wet (whether from disused workings or from any other source).

78 Powers of inspectors with respect to danger from inrushes of gas, water, and c

(1) Where an inspector is of opinion, with respect to a working in a mine, that there is a danger of the occurrence of such an inrush into the working as is mentioned in the last foregoing section, being a danger that in his opinion is capable of being averted, and either no steps for averting the danger have been taken or steps that have been taken for that purpose appear to the inspector to be inadequate or improper, he may serve on the manager of the mine a notice specifying the working, stating that he is of opinion aforesaid with respect thereto, and that, as the case may be, no steps for averting the danger have been taken or steps so taken appear to him to be inadequate or improper, and imposing all or any of the following requirements, that is to say:—

(a) a requirement that the manager shall, before the expiration of such period beginning with the date on which the notice becomes operative as may be specified therein, execute such works for the purpose of averting the danger as may be specified in the notice;

(b) a requirement that, until such works have been executed, no person shall (save for the purpose of executing the works or saving life) be permitted by the manager to be in the mine or in such part thereof as may be specified in the notice;

(c) a requirement that operations for getting minerals in the working shall, to such extent as may be specified in the notice, be discontinued until such works have been executed, or shall not be continued otherwise than in accordance with such a system of working as may be so specified.

(2) Where an inspector is of opinion, with respect to a working in a mine, that there is a danger of the occurrence of such an inrush into the working as is mentioned in the last foregoing section, being a danger that in his opinion is not capable of being averted, he may serve on the manager of a mine a notice specifying the working, stating that he is of opinion aforesaid with respect thereto, and requiring that operations for getting minerals in the working be permanently discontinued and, if the inspector thinks fit, imposing, in addition, either or both of the following requirements, that is to say:—

(a) a requirement that the manager shall, before the expiration of such period beginning with the date on which the notice becomes operative as may be specified therein, execute such works for the purpose of protecting the rest of the mine as may be so specified ;

(b) a requirement that, until such works have been executed, no person shall (save for the purpose of executing the works or saving life) be permitted by the manager to be in the mine or in such part thereof as may be specified in the notice.

(3) The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under either of the foregoing subsections, and any such notice shall, if it is so specified therein, become operative forthwith.