http://www.legislation.gov.uk/ukpga/1995/25/section/59Environment Act 1995An Act to provide for the establishment of a body corporate to be known as the Environment Agency and a body corporate to be known as the Scottish Environment Protection Agency; to provide for the transfer of functions, property, rights and liabilities to those bodies and for the conferring of other functions on them; to make provision with respect to contaminated land and abandoned mines; to make further provision in relation to National Parks; to make further provision for the control of pollution, the conservation of natural resources and the conservation or enhancement of the environment; to make provision for imposing obligations on certain persons in respect of certain products or materials; to make provision in relation to fisheries; to make provision for certain enactments to bind the Crown; to make provision with respect to the application of certain enactments in relation to the Isles of Scilly; and for connected purposes.1995-07-19texttext/xmlenStatute Law Database2026-08-04Expert Participation2026-07-16 Environment Act 1995Sch. 7 para. 7(4A) (4B)Local Government and Public Involvement in Health Act 2007Sch. 14 para. 4(3)s. 245(5) Part II59After Part I of the Control of Pollution Act 1974 (waste on land) there shall be inserted—Part IA30Y1For the purposes of this Part, “abandonment”, in relation to a mine,—asubject to paragraph (b) below, includes—ithe discontinuance of any or all of the operations for the removal of water from the mine;iithe cessation of working of any relevant seam, vein or vein-system;iiithe cessation of use of any shaft or outlet of the mine;ivin the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—Athe discontinuance of some or all of those other activities in the mine; andBany substantial change in the operations for the removal of water from the mine; butbdoes not include—ithe abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); oriiany disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity;and cognate expressions shall be construed accordingly.2In this Part, except where the context otherwise requires—“acting in a compulsory capacity”, in the case of the official receiver, means acting as—liquidator of a company;receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986;trustee of a bankrupt’s estate;liquidator of an insolvent partnership;trustee of an insolvent partnership;trustee, or receiver or manager, of the insolvent estate of a deceased person;“the official receiver” has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;“relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.3This Part extends only to Scotland.30Z1If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to SEPA at least six months before the abandonment takes effect.2A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator’s opinion as to any consequences of the abandonment.3A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.4A person shall not be guilty of an offence under subsection (3) above if—athe abandonment happens in an emergency in order to avoid danger to life or health; andbnotice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened.5Where the operator of a mine is—athe Accountant in Bankruptcy acting as permanent or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985); orbthe official receiver acting in a compulsory capacity,he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as is reasonably practicable (whether before or after the abandonment), he gives to SEPA notice of the abandonment or proposed abandonment, containing such information as may be prescribed.6Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.7Where SEPA—areceives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, andbconsiders that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the Environmental Protection Act 1990,it shall be the duty of SEPA to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment.8In this section—“the initial period” means the period of six months beginning with the day on which subsection (1) above comes into force;“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.S. 59 wholly in force at 1.1.1999; s. 59 not in force at Royal Assent see s. 125(3); s. 59 in force for specified purposes at 12.10.1995 by S.I 1995/2649, art. 2(i); s. 59 in force at 1.1.1999 insofar as not already in force by S.I. 1998/3272, art. 21974 c. 40. 1985 c. 66. 1986 c. 45. 1986 c. 45. 1986 c. 45. 1985 c. 66. 1990 c.43. 1994 c. 39.