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The Mines and Quarries (Tips) Regulations 1971

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18.—(1) In the case of any mine or quarry with which is associated a closed classified tip the owner of the mine or quarry shall obtain—

(a)a report from a person competent to make the report on the tip and on every matter which might affect the security of the tip—

(i)where the tip consists of refuse accumulated or deposited wholly or mainly in solution or suspension, at intervals not exceeding five years;

(ii)where the tip consists of refuse accumulated or deposited wholly or mainly in a solid state and not in solution or suspension, at intervals not exceeding ten years; and

(b)a special supplementary report on the tip and on every matter which might affect the security of the tip from a person competent to make the report as soon as practicable after a dangerous occurrence has occurred in relation to the tip.

(2) Every report obtained for the purposes of this regulation shall contain in particular—

(a)an opinion whether the tip is secure;

(b)details of any subsidence or other surface movement that has occurred which may affect the security of the tip;

(c)an account of any surveys, tests, boreholes and ground water measurements made for the purposes of the report and the results thereof;

(d)the nature and extent of inspection, supervision and safety measures that in the opinion of the person making the report are necessary to be carried out to ensure the security of the tip.

(3) The owner shall obtain the first report under sub-paragraph (a) paragraph (1) of this regulation—

(a)where no report has been obtained from a person competent to make the report on the tip under any other provisions of these regulations—within two years after the tip becomes a classified tip or, in the case of a tip which is a classified tip at the date of the coming into operation of these regulations, within two years after the said date;

(b)where a report has been obtained from a person competent to make the report on the tip under any other provisions of these regulations and the tip consists of refuse accumulated or deposited wholly or mainly in solution or suspension—within five years after the report has been obtained;

(c)where a report has been obtained as aforesaid and the tip consists of refuse accumulated or deposited wholly or mainly in a solid state and not in solution or suspension—within ten years after the report has been obtained.

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