The Quarries Regulations 1999

Regulation 33(1)(a)

SCHEDULE 1 CONTENT OF GEOTECHNICAL ASSESSMENTS

Site survey

1.  An accurate plan which should be prepared on a scale not less detailed than 1 2500 showing—

(a) the boundaries of the quarry or premises upon which the excavation or tip or proposed excavation or tip is or is to be situated;

(b) the site of the excavation or tip or proposed excavation or tip;

(c) any contiguous land or structures which might be affected by the excavation or tip or proposed excavation or tip; and

(d) all mine workings (whether abandoned or not), buried quarry workings, known cave systems, active or former landslips, springs, artesian wells, watercourses and other natural or man-made features including tunnel pipes or culverts which might affect the safety of the excavation or tip or proposed excavation or tip or which might be relevant for the purpose of determining whether excavation or tipping operations can be carried out safely,

which plan shall be contoured to Ordnance Datum Newlyn at a vertical interval not greater than 5 metres and orientated to and correlated with the Ordnance Survey National Grid and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey sheets on the scale of 1:2500.

Site investigation

2.  A record of all relevant site investigation information including surveys, tests, boreholes and groundwater measurements made for the purpose of the geotechnical assessment together with the results of any testing including the strength of materials within and beneath the tip or within the excavated slope. The record shall include any known historical information relevant to the site investigation.

Cross-sections based on site investigation

3.  Sufficient accurate cross-sections on a scale not less detailed than 1:1250 of the site of the excavation or tip or proposed excavation or tip showing the existing ground surface and all relevant superficial materials and bedrock underlying the said site and—

(a) any variation in the thickness, level or character of the superficial deposits and bedrock materials based on the site investigation; and

(b) the position of any surface whether natural or manmade which may affect the safety of the excavation or tip or proposed excavation or tip.

Plans based on site investigation

4.  Plans showing the position of all boreholes, wells and trial pits used in the site investigation and the location and levels of all materials and surfaces which may affect the safety of the excavation or tip or proposed excavation or tip.

Assumptions made before analysis

5.  A record of any assumptions relevant to the assessment of ground conditions relating to the safety of the excavation or tip made by the geotechnical specialist including a record of any relevant information which was not available when undertaking the assessment.

Findings of analysis

6.  A record of the calculations carried out in order to determine the safety of the excavation or tip, including any variables or parameters used in those calculations and the reasons for using them and the findings of those calculations expressed as the factor of safety or the probability of failure or other recognised basis of assessing stability.

Design coming out of analysis

7.  An accurate plan on a scale not less detailed than 1:2500 recording—

(a) in relation to tips or proposed tips, the design of the tip, including the area of land covered or to be covered, the gradients of that land, the designed contours at vertical intervals of not more than 2 metres, the side slopes and boundaries of the tip and the designed position and nature of construction of any wall or other structure retaining or confining the tip; and

(b) in relation to excavations or proposed excavations, the design of the excavation, including the height or proposed height of the slope, the position and width of any benches and representative contours of the excavation at vertical intervals of not more than 5 metres.

Requirements during and after construction

8.  A record of the nature and extent of inspection, supervision and safety measures necessary to ensure the safety of the excavation or tip and a specification of necessary engineering works and safety measures. A record of the action to be taken regarding defects specified in the report.

Regulation 47(1) and (2)

SCHEDULE 2 REPEALS AND MODIFICATIONS OF THE 1954 ACT

PART I REPEALS

Column 1	Column 2	Column 3
Provision	Description	Extent of repeal
Section 1	General duties of quarry owners	The whole section
Section 98	Appointment of quarry managers	The whole section
Section 99	General powers and duties of quarry managers	The whole section
Section 100	Power of quarry owner to exclude matters from manager’s control	The whole section
Section 101	Rights of quarry manager with respect to instructions given by or on behalf of owner	The whole section
Section 102	Temporary appointments during vacancy in office of quarry manager	The whole section
Section 103	Supervision by quarry managers	The whole section
Section 105	Duties of quarry managers and owners with respect to reading of reports, & c.	The whole section
Section 107	Notification to district inspector of appointments by quarry owners	The whole section
Section 108	Provisions for securing safe methods of working	The whole section
Section 109	Safe means of access to working places	The whole section
Section 110	Provisions relating to use of ropeways and vehicles	The whole section
Section 111	Lighting	The whole section
Section 113	Withdrawal of workmen in cases of danger	The whole section
Section 115	Application of certain provisions of Part III of this Act	The whole section
Section 123	Inspections of mines and quarries on behalf of workmen employed thereat	Paragraph (b)(ii) of subsection (5) Paragraph (b) of subsection (6)
Section 133	Form of official books and preservation and inspection of entries therein	The whole section
Section 134	Records of certain appointments	The whole section
Section 135	Provision of copies of this Act and other instruments	The whole section
Section 136	Posting of notices	The whole section
Section 139	Notification of beginning and ending of certain mining and quarrying operations	The whole section
Section 140	Notification of change of ownership or name of mine or quarry	The whole section
Section 152	Offences	Subsection (2)
Section 162	Removal or defacement of notices, & c.	The whole section
Section 169	Demarcation of quarries	The whole section
Section 180	Meaning of “mine” and “quarry”	Subsection (2) Paragraph (b) of subsection (3)
Section 181	Meaning of “owner”	Subsections (2) and (3)
Section 182	General interpretation provisions	Paragraphs (b) and (c) of subsection (3)
Section 184	Relationship of Factories Act and this Act in case of certain premises	The whole section

PART II PROVISIONS OF THE 1954 ACT NOT TO APPLY TO QUARRIES AND EXTENT OF CONSEQUENT MODIFICATIONS

Column 1	Column 2
Provision	Extent of modification
Sections 123(2), 123(3), 123(4), 123(5), 123(7), 123(8), 150(3), 154(1), 157, 159, 160, 165, 171, 181(1), 181(4) and 193	Omit the words “or quarry” wherever they occur.
Section 123	In subsection (1), omit the words “or quarry” wherever they occur and the words “or, as the case may be, of quarrying”.
	In subsection (5), omit the words “or quarry” wherever they occur.
	In subsection (6), omit the words “or quarry” wherever they occur and in paragraph (a), omit the word “and”.
Section 137	Omit the words “or quarries”, “and quarry” and “or quarry” wherever they occur.
Section 152	In subsection (3), the words— “and in the event of a contravention, in relation to a quarry, by a person other than one mentioned in subsection (2) of this section, of such a provision as is mentioned in paragraph (a) of that subsection, or such a requirement or prohibition as is mentioned in paragraph (d) of that subsection, whereby there is expressly imposed on that person or on persons of a class to which he belongs a duty or requirement or he or persons of a class to which he belongs or all persons are expressly prohibited from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (2), shall be guilty of an offence” shall be omitted.
	In subsection (4), omit the words “or quarry” wherever they appear and omit the words “nor a manager of a quarry as such,”, “or a manager of a quarry”, “or (2)” and “or of a contravention of section three or one hundred and one of this Act”.
	In paragraph (a) of subsection (4), omit the word “or” appearing after the semi-colon.
	In paragraph (b) of subsection (4), insert the word “or” after the semi-colon.
	In paragraph (c) of subsection (4), for the word “subsections”, substitute the word “subsection” nd omit the words “and (2)”.
Section 156	The words “or (2)” shall be omitted.
	In paragraph (c), omit the words “or quarry” and “or quarries”.
Section 166	Omit the words “and quarries” wherever they occur and after the word “factories”, insert the word “and”.
Section 170	In subsection (1), omit the words “or the owner or manager of a quarry”.
	In paragraph (c) of subsection (3), omit the words “or quarry”.
Section 176	In subsection (1), omit the words “or quarries” and “or quarry” wherever they occur.
Section 179	In this section, omit the words “and quarries”.
Section 180	In subsection (3), omit the words “or quarry” wherever they occur.
	In subsections (4), (5) and (6), omit the words “or quarry” and “or quarries” wherever they occur.
Section 182	In subsection (1), in paragraph (d) of the definition of “contravention”, omit the words “or quarries” and “or quarry”.
	In the definition of “inspector”, omit the words “or quarry” wherever they appear.
	In the definition of “responsible person”, omit the words “and, in relation to a quarry, the owner thereof”.

Regulation 47(3)

SCHEDULE 3 MODIFICATIONS OF THE FACTORIES ACT 1961

Column 1	Column 2
Provision	Extent of modification
Section 174	Subsection (1) shall be omitted and replaced with the following— “None of the provisions of this Act shall apply to any premises forming part of a quarry.”

Regulation 47(4)

SCHEDULE 4 MODIFICATIONS OF THE 1969 ACT

PART I MODIFICATIONS

Column 1	Column 2
Provision	Extent of modification
Section 2	In subsection (1), after the words “In this Act”, insert the words “except in this Part where the words “or quarry” shall be omitted,”.
	In subsection (2), the words “this Part of” shall be omitted.
	In paragraph (a) of subsection (2), before the word “quarry” insert the words “for the purposes of Part II of this Act” and, at the end of the paragraph, insert the words “as in force immediately before the coming into force of the Quarries Regulations 1999”.
	In paragraph (b) of subsection (2), before the word “quarry” wherever it occurs, insert the words “for the purposes of Part II of this Act”.
Section 10	In this section, omit the words “or quarry” and “or quarries” wherever they occur.
	In subsection (3), insert the words “Subject to subsection (4)” before the words “Any reference in”.
	The following subsection shall be inserted after subsection (3)— “(4) For the purposes of Part II of this Act, subsection (2) shall be read as applying to quarries as it does to mines and references to “the principal Act” in paragraphs (a) and (b) of that subsection shall be read as references to that Act as in force immediately before the coming into force of the Quarries Regulations 1999.”.

Regulation 47(5)

PART II PROVISIONS OF THE 1969 ACT NOT TO APPLY TO QUARRIES AND EXTENT OF CONSEQUENT MODIFICATIONS

Column 1	Column 2
Provision	Extent of modification
Section 2	In subsections (3) and (5), omit the words “or quarry” wherever they occur.
Section 3	In subsection (1), omit the words “and of the owner and of any manager of every quarry”.
	In subsection (2), omit the words “Neither”, “nor a manager of a quarry as such”, “or subsection (2)” and, wherever they occur, “or quarry” and “or quarries” and insert after the words “the manager of a mine as such shall” the word “not”.
	In subsection (3), omit the words “and the expression “manager”, in relation to a quarry, includes any person who is for the time being treated for the purposes of that Act as a manager of the quarry”.
	In subsection (4), omit the words “or quarry”.
	In subsection (5), omit the words “or, as the case may be, the manager of the quarry”.
Section 4	Omit the words “or quarry” wherever they occur.
Section 5	In subsection (1), omit the words “or quarry” and “or, as the case may be, the owner of the quarry”.
	In subsection (2), omit the words “or quarry” and “or the owner of the quarry”.
	In subsection (3), omit the words “or, as the case may be, the owner of the quarry concerned,”.
	In subsection (6), omit the words “or quarry” wherever they occur and the words “and the owner of every quarry”.
	In subsection (7), omit the words “or the owner of a quarry” and “or quarry”.
Section 6	In subsection (1), omit the words “or quarry”.
	In subsection (3), omit the words “or quarry”.
	In subsection (4), omit paragraph (a).
Section 7	In this section, omit the words “or quarry” wherever they occur.

Regulation 48(1)

SCHEDULE 5 REVOCATIONS AND MODIFICATIONS OF INSTRUMENTS

PART I REVOCATIONS

Column 1	Column 2	Column 3
Description of Instrument		Extent of revocation
The Quarries (General) Regulations 1956	S.I. 1956/1780	The whole Regulations
The Mines and Quarries (References) Rules 1956	S.I. 1956/1784	The whole Regulations
The China Clay and China Stone Quarries (Employment of Young Persons) Order 1957	S.I. 1957/410	The whole Regulations
The Gravel and Sand Quarries (Overhanging) (Exemption) Regulations 1958	S.I. 1958/1533	The whole Regulations
The Quarries (Ropeways and Vehicles) Regulations 1958	S.I. 1958/2110	The whole Regulations
The Quarries Vehicles Regulations 1970	S.I. 1970/168	The whole Regulations
The Quarries (Metrication) Regulations 1983	S.I. 1983/1026	The whole Regulations
The Quarries (Explosives) Regulations 1988	S.I. 1988/1930	The whole Regulations
The Quarries Miscellaneous Health and Safety Provisions Regulations 1995	S.I. 1995/2036	The whole Regulations

Regulation 48(2)

PART II MODIFICATIONS

Column 1	Column 2
Provision	Extent of modification
The Mines and Quarries (Tips) Regulations 1971(1)
Regulations 3, 5(4), 5(5), 8, 12, 17, 18(1), 19(1), 20(1), 21(1), 22(1), 24 and 25	Omit the words “or quarry” wherever they occur.
Regulation 2	In paragraph (1), in the definition of “the person having responsibility for a tip”, omit sub-paragraph (a).
Regulation 4	In paragraph (1), omit the words “and quarry”.
Regulation 6	In paragraph (1), omit the words “and of the owner of every quarry”.
	In paragraph (2), omit the words “and quarry”.
Regulation 7	Omit the words “mines and quarries are” and insert the words “mine is” in their place.
Regulation 9	In paragraph (1), omit the words “or quarry” wherever they occur and omit the words “or the owner of the quarry”.
	In paragraphs (2) and (3), omit the words “or quarry” wherever they occur.
Regulation 10	In paragraph (1), omit the words “or quarry” wherever they occur and omit the words “or, as the case may be, the owner of the quarry”.
Regulation 11	Omit the words “or quarry” wherever they occur.
	In paragraph (a), omit the words “or, as the case may be, the owner of the quarry” and “or, as the case may be, by the owner of the quarry”.
Regulation 13	Omit the words “or quarry” wherever they occur and omit the words “or, as the case may be, of the owner of the quarry”.
Regulation 14	Omit the words “or quarry” and “or, as the case may be, of the owner of the quarry” wherever they occur.
Regulation 15	Omit the words “or of the owner of the quarry”.
The Mines and Quarries (Tipping Plans) Rules 1971(2)
Regulation 3	Omit the words “and quarries”.
The Safety Representatives and Safety Committees Regulations 1977(3)
Regulation 5	In paragraph (4), after the words “Mines and Quarries Act 1954” insert the words “or regulation 40 of the Quarries Regulations 1999”.
The Electricity at Work Regulations 1989(4)
Regulation 3	For sub-paragraph (b) of paragraph (1) substitute the following sub-paragraph— “(b) (i) manager, in relation to a mine within the meaning of the Mines and Quarries Act 1954, and (ii) operator, in relation to a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, to ensure that all requirements or prohibitions imposed by or under these Regulations are complied with in so far as they relate to the mine of which he is the manager or quarry of which he is the operator and to matters which are within his control.”.
The Noise at Work Regulations 1989(5)
Regulation 2	For paragraph (3) substitute the following paragraph— “(3) Duties under these Regulations imposed upon an employer shall also be imposed upon— (a) in a mine within the meaning of section 180 of the Mines and Quarries Act 1954, the manager; and (b) in a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, the operator, in so far as those duties relate to the mine of which he is the manager or quarry of which he is the operator and to matters under his control.”.
The Pressure System and Transportable Gas Containers Regulations 1989(6)
Regulation 2	In paragraph (1) in the definition of “user”, omit the words “a mine or any part of a quarry (both within the meaning of section 180 of the Mines and Quarries Act 1954), it means the manager for the time being of that mine or that part of the quarry” and substitute the following words— “(a) a mine within the meaning of section 180 of the Mines and Quarries Act 1954 it means the manager for the time being of that mine; (b) a quarry within the meaning of regulation 3 of the Quarries Regulations 1999 it means the operator for the time being of that quarry.”.
The Workplace (Health, Safety and Welfare) Regulations 1992(7)
Regulation 2	In paragraph (1), omit the definition of “quarry” and substitute the following definition— ““quarry” means a quarry within the meaning of the Quarries Regulations 1999;”.
The Ionising Radiations (Outside Workers) Regulations 1993(8)
Regulation 2	Omit paragraph (4) and substitute the following paragraph— “Duties under these Regulations imposed on the operator shall also be imposed upon— (a) in a mine within the meaning of section 180 of the Mines and Quarries Act 1954, the manager; and (b) in a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, the operator, in so far as those duties relate to the mine or part of the mine of which he is the manager or the quarry of which he is the operator and to matters under his control.”.
The Railways (Safety Case) Regulations 1994(9)
Regulation 2	In paragraph (1), omit the definitions of “mine” and “quarry” and insert the following definitions— ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;”. and ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”.
The Railways (Safety Critical Work) Regulations 1994(10)
Regulation 2	In paragraph (1), omit the definitions of “mine” and “quarry” and substitute the following definitions— ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995(11)
Regulation 2(1)	Omit the definitions of “mine” and “quarry” and substitute the following definitions— ““mine” means a mine within the meaning of section 180 of the Mines and Quarries Act 1954 and for the purposes of these Regulations includes a closed tip within the meaning of section 2(2)(b) of the Mines and Quarries (Tips) Act 1969 which is associated with that mine;” and ““quarry” means a quarry within the meaning of regulation 3 of the Quarries Regulations 1999”.
	Insert the following definition— ““operator” in relation to a quarry has the meaning assigned to it by the Quarries Regulations 1999;”.
	In sub-paragraph (a) of the definition of “owner”, the words “or quarry” shall be omitted.
	In sub-paragraph (a)(ii) of the definition of “responsible person”, omit the word “owner” and substitute the word “operator” and in sub-paragraph (a)(iii), omit the words “or quarry”.
Schedule 2, Part III	In sub-paragraph (2) of paragraph 43, omit the words “as in regulation 2(1) of the Quarries (Explosives) Regulations 1988” and substitute the words “as in regulation 2(1) of the Quarries Regulations 1999”.
	In paragraph 45, omit the words “regulation 2(1) of the Quarries (Explosives) Regulations 1988” and substitute the words “regulation 2(1) of the Quarries Regulations 1999”.
	In paragraph 46, omit the words “to which Part I of the Mines and Quarries (Tips) Act 1969 applies” and insert the words “to which the Quarries Regulations 1999 apply”.
Schedule 5
Paragraph 1	In paragraph (c)(i), after the words “person, or” insert the words “a person appointed in the management structure of that quarry established pursuant to paragraph (1) of regulation 8 of the Quarries Regulations 1999.”
	Paragraphs (c)(ii), (c)(iii) and (c)(iv) shall be omitted.
Paragraph 4	In paragraph (b) of sub-paragraph (1), after the words “Mines and Quarries Act 1954” insert the words “or, as the case may be, regulation 40 of the Quarries Regulations 1999”.
Paragraph 5	In paragraph (b), after the words “Mines and Quarries Act 1954” insert the words “or, as the case may be, regulation 40 of the Quarries Regulations 1999”.
The Carriage of Dangerous Goods by Rail Regulations 1996(12)
Regulation 1	In paragraph (2), omit the definitions of “mine” and “quarry” and substitute the following definitions— ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”
The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996(13)
Regulation 1	In paragraph (2), omit the definitions of “mine” and “quarry” and substitute the following definitions— ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”
The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996(14)
Regulation 2	In subsection (1), omit the definitions of “mine” and “quarry” and substitute the following definitions— ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”
The Railways Safety (Miscellaneous Provisions) Regulations 1997(15)
Regulation 2	In paragraph (1), omit the definitions of “mine” and “quarry” and substitute the following definitions— ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”
The Health and Safety (Enforcing Authority) Regulations 1998(16)
Regulation 2	In paragraph (1), omit the definition of “quarry” and substitute the following definition— ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”.
Schedule 2	In paragraph 1, omit the words “section 139(2) of the Mines and Quarries Act 1954” and substitute the following— “regulation 45(1) of the Quarries Regulations 1999”.
The Gas Safety (Installation and Use) Regulations 1998(17)
Regulation 2	For sub-paragraph (a) of paragraph (4), substitute the following sub-paragraph— “(a) (i) a mine within the meaning of the Mines and Quarries Act 1954 or any place deemed to form part of a mine for the purposes of that Act, or (ii) a quarry within the meaning of the Quarries Regulations 1999 or any place deemed to form part of a quarry for the purposes of those Regulations.”
The Transport of Dangerous Goods (Safety Advisers) Regulations 1999(18)
Regulation 2	In paragraph (1), omit the definitions of “mine” and “quarry” and substitute the following definitions— ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”
The Health and Safety (Fees) Regulations 1999(19)
Regulation 1	In paragraph (2), in the definition of “the mines and quarries provisions”, omit sub-paragraphs (a) and (b) and substitute the following sub-paragraphs— “(a) mines within the meaning of section 180 of the Mines and Quarries Act 1954; (b) tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999; and (c) tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969;”

(1)

S.I. 1971/1377.

(2)

S.I. 1971/1378.

(3)

S.I. 1977/500; amended by S.I. 1992/2051, 1996/1513.

(4)

S.I. 1989/635; amended by S.I. 1995/2005, 1996/192, 1997/1993.

(5)

S.I. 1989/1790; amended by S.I. 1992/2966, 1996/341, 1997/1993.

(6)

S.I. 1989/2169; amended by S.I. 1992/743, 1996/1656, 1996/2092, 1997/2776.

(7)

S.I. 1992/3004; amended by S.I. 1995/2036, 1996/1592.

(8)

S.I. 1993/2379.

(9)

S.I. 1994/237; amended by S.I. 1996/1592.

(10)

S.I. 1994/299; amended by S.I. 1996/1592.

(11)

S.I. 1995/3163; amended by S.I. 1996/2089, 1996/2092, 1997/2776.

(12)

S.I. 1996/2089, amended by S.I. 1998/2885.

(13)

S.I. 1996/2090.

(14)

S.I. 1996/2092, amended by S.I. 1998/2885.

(15)

S.I. 1997/553.

(16)

S.I. 1998/494.

(17)

S.I. 1998/2451.

(18)

S.I. 1999/257.

(19)

S.I. 1999/645.