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Clean Air Act 1993

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42 Colliery spoilbanks.E+W+S

(1)This section applies to any mine or quarry from which coal or shale has been, is being or is to be got.

(2)The owner of a mine [F1or quarry] [F1 , or the operator of a quarry,] to which this section applies shall employ all practicable means—

(a)for preventing combustion of refuse deposited from the mine or quarry; and

(b)for preventing or minimising the emission of smoke and fumes from such refuse;

and, if he fails to do so, he shall be guilty of an offence.

(3)A person guilty of an offence under subsection (2) shall be liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale; or

(b)to cumulative penalties on continuance in accordance with section 50.

(4)Neither the provisions of Part III of the Environmental Protection Act 1990 nor any provision of Parts I to III of this Act shall apply in relation to smoke, grit or dust from the combustion of refuse deposited from any mine or quarry to which this section applies.

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section, “mine”, [F3quarry” and “owner” have the same meaning as in the M1Mines and Quarries Act 1954.] [F3is to be construed in accordance with section 180 of the Mines and Quarries Act 1954

operator”, in relation to a quarry, has the meaning given by regulation 2(1) of the Quarries Regulations 1999 (S.I. 1999/2024);

owner”, in relation to a mine, is to be construed in accordance with section 181(1) and (4) of the Mines and Quarries Act 1954;

quarry” is to be construed in accordance with regulation 3 of the Quarries Regulations 1999.]

Textual Amendments

F2S. 42(5) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xxxii)

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