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The Mines and Quarries (Tips) Regulations 1971

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8.—(1) If at any time tipping operations from a mine or quarry are to be begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies, the owner of the mine or quarry shall, in addition to the notice required to be given under section 4 of the 1969 Act, give notice to the inspector for the district stating whether it is intended that the resulting tip is or is not to be a classified tip not less than thirty days, or such shorter period as the inspector may permit, before the beginning of the operations.

(2) Where an owner of a mine or quarry has given notice as aforesaid that it is intended that the resulting tip is not to be a classified tip an inspector may at any time before tipping operations are begun for the purpose of ensuring the security of the resulting tip or for securing that the land on which the tipping operations are to be carried out is satisfactory for the purpose by notice served on the owner direct that the resulting tip shall be treated for the purposes of these regulations as a classified tip, and any such notice shall, if it is so specified therein, become operative forthwith.

(3) The provisions of Part XV of the 1954 Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under the last preceding paragraph, and the relevant ground of objection shall be that compliance with the notice is unnecessary for the purpose of ensuring the security of the resulting tip or for securing that the land on which the tipping operations are to be carried out is satisfactory for the purpose.

(4) Where an owner of a mine or quarry has given notice as aforesaid that it is intended that the resulting tip is to be a classified tip, the tip shall be treated for the purposes of these regulations as being a classified tip.

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