(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”, [F3“quarry” 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
F1Words in s. 42(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 26(a); S.S.I. 2014/160, art. 2(1)(2), sch.
F2S. 42(5) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xxxii)
F3Words in s. 42(6) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 26(b); S.S.I. 2014/160, art. 2(1)(2), sch.
Marginal Citations