C1C2C3Part III Control of Pollution of Water Resources

Annotations:
Modifications etc. (not altering text)
C1

Pt. III (ss. 82-104) modified (subject to other provisions of the amending Act) (1.2.1996) by 1995 c. 25, s. 5(5)(g) (with ss. 7(6), 115, 117); S,I. 1996/186, art. 2

C2

Pt. III (ss. 82-104): functions transferred to the Environment Agency (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 2(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C3

Pt. III: definition of “controlled waters” applied (1.12.1991) by water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 1

F2Chapter IIA Abandoned Mines

Annotations:
Amendments (Textual)
F2

Chapter IIA (ss. 91A-91B) inserted (subject to other provisions of the amending Act) (21.9.1995 for certain purposes and 1.7.1998 otherwise) by 1995 c. 25, s. 58 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3 (with art. 4); S.I. 1998/604, art. 3

F191A Introductory.

1

For the purposes of this Chapter, “abandonment”, in relation to a mine,—

a

subject to paragraph (b) below, includes—

i

the discontinuance of any or all of the operations for the removal of water from the mine;

ii

the cessation of working of any relevant seam, vein or vein-system;

iii

the cessation of use of any shaft or outlet of the mine;

iv

in 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)—

A

the discontinuance of some or all of those other activities in the mine; and

B

any substantial change in the operations for the removal of water from the mine; but

b

does not include—

i

any disclaimer under section 178 or 315 of the M1Insolvency Act 1986 (power of liquidator, or trustee of a bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; or

ii

the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as F3trustee or interim trustee in a sequestration (within the meaning of the M2Bankruptcy (Scotland) Act F42016);

and cognate expressions shall be construed accordingly.

2

In this Chapter, except where the context otherwise requires—

  • “the 1954 Act” means the M3Mines and Quarries Act 1954;

  • “acting in a compulsory capacity”, in the case of the official receiver, means acting as—

    1. a

      liquidator of a company;

    2. b

      receiver or manager of a bankrupt’s estate, pursuant to section 287 of the M4Insolvency Act 1986;

    3. c

      trustee of a bankrupt’s estate;

    4. d

      liquidator of an insolvent partnership;

    5. e

      trustee of an insolvent partnership;

    6. f

      trustee, or receiver or manager, of the insolvent estate of a deceased person;

  • “mine” has the same meaning as in the 1954 Act;

  • “the official receiver” has the same meaning as it has in the M5Insolvency Act 1986 by virtue of section 399(1) of that Act;

  • “prescribed” means prescribed in regulations;

  • “regulations” means regulations made by the Secretary of State;

  • “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.