Detailed Programme

Every tip to which this Part of this Act applies shall be made and kept secure.

Provision may be made by regulations with respect to any matter or thing with respect to which it appears to the Minister requisite or expedient to make provision for the purpose of ensuring the security of tips to which this Part of this Act applies, for securing that land on which tipping operations are to be carried out is satisfactory for the purpose and otherwise for carrying this Part of this Act into effect.

This Part of this Act shall be construed as one with the Mines and Quarries Act 1954 (in this Part of this Act referred to as " the principal Act") and, without prejudice to the generality of this provision,—

In this Act, the expression " tip " means an accumulation or deposit of refuse from a mine or quarry (whether in a solid state or in solution or suspension) other than an accumulation or deposit situated underground, and where any wall or other structure retains or confines a tip then, whether or not that wall or structure is itself composed of refuse, it shall be deemed to form part of the tip for the purposes of this Act.

Subject to subsections (3) and (4) below, a tip is one to which this Part of this Act applies if either— and for the purposes of this Part of this Act a tip is an " active tip " if it falls within paragraph (a) above and a " closed tip " if it falls within paragraph (b) above.

If part, but not the whole, of any premises on which a tip is situated is occupied exclusively by the owner of a mine or quarry and, by reason only that the whole of those premises is not occupied exclusively by the owner, the tip is not, apart from this subsection, one to which this Part of this Act applies (whether as an active tip or a closed tip) then.—

If the whole or any part of a tip which, apart from this subsection, would be a tip to which this Part of this Act applies is appropriated to some use which, in the opinion of the Minister, is inconsistent with the resumption of tipping operations on the tip, or on a particular part of it, the Minister may by order direct that, as from such day as may be specified in the order, the whole or such part of the tip as may be so specified shall cease to be a tip to which this Part of this Act applies.

Notwithstanding anything in subsection (3)(a) above or in section 180(4) of the principal Act, where an order is made under subsection (3)(b) or subsection (4) above in relation to a tip which, apart from the order, would be an active tip, then, for the purposes of the principal Act and this Part of this Act, the premises on which the tip, or the part thereof which is specified in the order, is situated shall cease to form part of a mine or quarry as from the day specified in the order; but where such an order relates to part only of the tip, then (subject to any subsequent order) the remainder of the tip shall, of itself, be treated as an active tip and accordingly the premises on which the remainder of the tip is situated shall continue to form part of the mine or quarry with which the tip is associated.

It shall be the duty of the owner and of the manager of every mine and of the owner and of any manager of every quarry to take such steps as may be necessary for securing that he is at all material times in possession of all information relevant for determining the nature and extent of any steps which it is requisite for him to take in order to discharge efficiently the duties imposed on him by or by virtue of this Part of this Act.

Neither the manager of a mine as such, nor a manager of a quarry as such shall be guilty of an offence, by virtue of subsection (1) or subsection (2) of section 152 of the principal Act (which provides among other things that managers may be guilty of an offence where some other person contravenes a particular statutory provision) by reason of a contravention, in relation to a closed tip which is associated with the mine or quarry, of—

In subsection (2) above, the expression " the manager ", in relation to a mine, includes an under-manager of the mine and any person who is for the time being treated for the purposes of the principal Act as the manager or an under-manager of the mine, 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.

For the purpose of determining whether a tip to which this Part of this Act applies is, or is likely to become, insecure an inspector shall have power to require the owner of the mine or quarry with which it is associated to furnish such information as the inspector may specify and may by notice served on the owner require him to carry out such procedures or conduct such tests as may be specified in the notice.

In relation to an active tip, the powers of an inspector under subsection (4) above shall include power to require information from, or to serve a notice requiring the carrying out of procedures or the conduct of tests by, the manager of the mine or, as the case may be, a manager of the quarry, instead of, or as well as, the owner.

The provisions of Part XV of the principal Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under this section.

If at any time tipping operations from a mine or quarry of a prescribed class or description— the owner of the mine or quarry shall give notice to the inspector for the district of the intention to begin or resume the tipping operations not less than thirty days, or such shorter period as the inspector may permit, before the beginning or resumption of the operations.

Not more than two months after the date on which tipping operations from a mine or quarry of a prescribed class or description cease at an active tip, the owner of the mine or quarry shall give notice to the inspector for the district that tipping operations have ceased at that tip.

Regulations may require that, in the case of any mine or quarry with which is associated an active tip of such class or description as may be prescribed, the manager of the mine or, as the case may be, the owner of the quarry shall make rules (in this Part of this Act referred to as " tipping rules ") with respect to tipping operations on any active tip of a prescribed class or description and the nature of the refuse to be deposited on such a tip.

Tipping rules shall comply with such requirements with respect to the form thereof and the matters to be specified therein as may be prescribed and may impose upon persons employed at the mine or quarry such duties and prohibitions as it appears to the manager of the mine or the owner of the quarry requisite or expedient to impose on them for securing compliance with any requirement imposed by or by virtue of this Part of this Act.

If, with respect to any tipping rules for the time being in force, an inspector is of opinion that the rules require modification in any particular, he may serve on the manager of the mine concerned or, as the case may be, the owner of the quarry concerned, a notice specifying the particular in which, in his opinion, the rules require modification and the nature of the modification which, in his opinion, ought to be made, and requiring the manager or owner, before the expiry of such period beginning with the date on which the notice becomes operative as may be specified therein, to modify the tipping rules in accordance with the tenor of the notice.

The provisions of Part XV of the principal Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under this section.

Any provision of tipping rules which is inconsistent with the provisions of any regulation shall, to the extent of the inconsistency, be of no effect.

A copy of all tipping rules for the time being in force with respect to a mine or quarry shall be kept at the office at the mine or quarry or at such other place as may be approved by an inspector, and it shall be the duty of the manager of every mine and the owner of every quarry with respect to which tipping rules are for the time being in force to supply to every person employed at the mine or quarry whose duties consist of or include the carrying out of tipping operations a document explaining the effect of the tipping rules so far as they concern him.

A document purporting to be certified by the manager of a mine or the owner of a quarry to be a true copy of any tipping rules for the time being in force with respect to that mine or quarry shall be receivable in evidence and shall, unless the contrary is proved, be deemed to be such a copy.

Provision may be made by regulations for requiring that, in the case of every active or closed tip of a prescribed class or description, the person having responsibility for the tip shall keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector accurate plans and sections of the tip and of the strata underlying it, being plans or, as the case may be, sections complying with such requirements as are imposed by or by virtue of subsection (2) below ; and regulations made by virtue of this subsection may require that plans and sections be so kept as at any time to disclose the extent of the tip delineated thereon both up to a day not earlier than such previous day as may be prescribed and up to a distance from its position at that time not greater than such as may be prescribed.

Plans and sections required to be kept by virtue of subsection (1) above shall be of durable material and be prepared in such form and manner as may be specified by rules made by the Minister and on a scale not less than such as may be so specified and any such plans and sections shall record such information as may be so specified with respect to situation, contours, boundaries, the nature of the refuse deposited and any such other matters (whether similar to those specially mentioned in this subsection or not) as may be so specified.

If it appears to an inspector that any information which, by virtue of the preceding provisions of this section, is required to be recorded on a plan or section required to be kept by the person having responsibility for an active or closed tip cannot be recorded thereon fully and clearly, he may serve on that person a notice requiring him to keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector such supplementary plan, section or drawing specified in the notice as appears to the inspector by whom the notice is served to be requisite for the purpose of recording that information fully and clearly.

For the purposes of this section the person having responsibility for a tip is—

Provision may be made by regulations for requiring that, in the event of the abandonment of a mine or quarry, the owner of the mine or quarry shall, within the prescribed period, send to the inspector for the district—

Subject to subsection (3) below, plans, drawings, sections and other information sent to an inspector in pursuance of subsection (1) above shall be preserved by the Minister or by some other person under arrangements made or approved by the Minister.

Where, at the time at which the working of a mine or quarry is resumed, any plans, drawings, sections or other information relating to a tip associated, or formerly associated, with the mine or quarry are, by virtue of subsection (2) above, preserved by the Minister or by some other person (not being the owner of the mine or quarry), the owner shall, on giving not less than fourteen days' notice to the person by whom they are preserved and (where that person is not the Minister) to the Minister, be entitled to have the plans, drawings, sections and other information delivered to him.

If required to do so before the expiry of a notice given by him under subsection (3) above, the owner of a mine or quarry shall afford to the Minister a reasonable opportunity of making copies of the whole, or such part as the Minister thinks fit, of any plans, drawings, sections and other information to which the notice relates.

Regulations may require that the person having responsibility for a tip of a prescribed class or description, being a tip to which this Part of this Act applies, shall keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector a geological map of the district in which the tip is situated, being a map conforming to such requirements (if any) as may be prescribed.

Subsection (4) of section 6 above shall apply for the purposes of this section as it applies for the purposes of that section.

Where any person is convicted of an offence under the principal Act by virtue of— and the act or omission which constituted the contravention was of such a nature that it impaired, or might in the opinion of the court have been expected to impair, the security of the tip, the court by which that person is convicted may impose upon him either in addition to, or in substitution for, any fine authorised by section 155(1) of the principal Act, imprisonment for a term not exceeding three months.

In relation to any contravention falling within subsection (1) above, that subsection shall have effect in place of subsection (2) of section 155 of the principal Act (which restricts the penalty of imprisonment to offences where there was a risk of death, serious injury or danger to a person employed at a mine or quarry).

In this Part of this Act (and in any provision of the principal Act where these expressions occur).—

For the purposes of this Part of this Act and of the principal Act the mine or quarry with which a tip is associated shall be determined as follows.—

Any reference in this Part of this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Part of this Act.

For the purpose of ensuring that disused tips do not, by reason of instability, constitute a danger to members of the public, local authorities shall have the functions conferred on them by this Part of this Act.

For the purposes of this Part of this Act a disused tip is a tip other than one to which the Quarries Regulations 1999 or the Mines Regulations 2014 apply.

In this Part of this Act “local authority”, . . . means—

In this Part of this Act, “tip” means an accumulation or deposit of refuse from a mine or quarry (whether in a solid state or in solution or suspension) other than an accumulation or deposit situated underground, and where any wall or other structure retains or confines a tip then, whether or not that wall or structure is itself composed of refuse, it is deemed to form part of the tip for the purposes of this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purpose of enabling a local authority to assess whether a disused tip which is situated wholly or partly within its area is stable and whether any instability of the tip is or is likely to constitute a danger to members of the public, the local authority may, by notice served on the owner of the tip or on any other person who the authority has reason to believe may be able to assist it, require him, within such time, not being less than fourteen days, as may be specified in the notice, to produce to the authority such documents in his possession or control (whether in the form of maps, surveys, plans, records of work or otherwise and whether relating to the tip itself or the land on which it is situated) as may be so specified.

Any person who without reasonable excuse fails to comply with a notice under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, and any person who, in pursuance of such a notice— shall be liable on summary conviction to a fine not exceeding £400, or, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Subject to the following provisions of this section, a person duly authorised in writing by a local authority may at any reasonable time enter upon the land on which a disused tip is situated or upon any neighbouring land— but, subject to the following provisions of this section, a person so authorised shall not demand admission as of right to any land which is occupied unless at least forty-eight hours’ notice in writing of the intended entry has been given to the occupier.

If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may by warrant under his hand authorise that person to enter the land, if need be by force; but such a warrant shall not be issued on the ground that entry has been refused or that a refusal of entry is apprehended unless the justice is satisfied that notice in writing of the intention to apply for a warrant has been given to the occupier.

Every warrant granted under this section shall continue in force until the purpose for which the entry is required has been satisfied.

If a local authority has reasonable ground for believing that a disused tip is unstable and that possible danger to members of the public requires an immediate entry on to any such land as is referred to in subsection (1) for one or more of the purposes specified in that subsection, a person duly authorised in writing by the local authority may, at any time and without giving notice or obtaining a warrant under this section, enter upon the land for that purpose (or those purposes).

A person duly authorised to enter on any land by virtue of this section shall, if so required, produce evidence of his authority before so entering and may take with him on to the land such other persons and such equipment as may be necessary.

Any person who wilfully obstructs a person entitled to enter land by virtue of this section shall be liable on summary conviction to a fine not exceeding £50level 3 on the standard scale or, on a second or subsequent conviction, to a fine not exceeding £100level 3 on the standard scale.

In the application of this section to Scotland—

If it appears to a local authority that a disused tip situated wholly or partly within its area is unstable and, by reason of that instability, constitutes or is likely to constitute a danger to members of the public, the authority may by notice in the prescribed form served on the owner thereof require him to carry out, within such period as may be specified in the notice, being a period beginning not earlier than twenty-one days after the date of service of the notice, such remedial operations as may be so specified.

In this Part of this Act “remedial operations”, in relation to a disused tip, means operations which, in the opinion of the local authority concerned, are necessary to ensure the stability of the tip.

A notice under this section may require the carrying out of remedial operations on the tip itself, on the land on which it is situated or on any neighbouring land which is in the occupation of the owner of the tip or in which he has, otherwise than as a mortgagee, an estate or interest superior to that of the occupier.

Where a local authority serves a notice under this section on the owner of a disused tip, then, within the period of seven days beginning with the day on which the notice was served, the authority shall serve a copy of the notice on—

Where a local authority serves a notice under this section on the owner of a disused tip, then, within the period of twenty-one days beginning with the day on which the notice was served, the owner may serve a counter-notice under this subsection in the prescribed form requiring the local authority to exercise its powers under section 17; and where such a counter-notice is served—

Where the owner of a disused tip is required by a notice under this section to carry out remedial operations on any land which is not in his occupation but in which he has an estate or interest superior to that of the occupier, then, as against the occupier and any other person having an estate or interest in the land in question, the owner of the disused tip shall have the right to enter on to the land in order to carry out the remedial operations and any consequential works of reinstatement and to take with him on to the land such other persons and such equipment as may be necessary.

Where, in the course of carrying out remedial operations specified in a notice under this section, material which is not the property of the owner of the disused tip is removed from the tip, the owner may sell the material but shall account to the owner thereof for the proceeds of sale; but nothing in this subsection shall prevent the owner of a disused tip from setting off the proceeds of sale or any part thereof against any sum which he is entitled to recover from the owner of the material under the following provisions of this Part of this Act.

If, without reasonable excuse, the owner of a disused tip on whom a notice is served under this section fails to carry out the remedial operations specified in the notice within the period specified therein or, if that period is extended on an application under subsection (3) or subsection (4) of section 15, within that period as so extended, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person on whom is served a notice or a copy of a notice under section 14 may, within the period of twenty-one days beginning with the date of service of the notice on the owner, apply to the court for an order varying or cancelling the notice on any one or more of the following grounds, namely,—

If and so far as an application under this section is based on the ground of some defect or error in or in connection with the notice, the court shall dismiss the application if it is satisfied that the defect or error was not material.

Subject to subsection (2), if the court is satisfied on an application under this section that the ground, or any of the grounds, of the application is made out, the court may make an order varying or, if the court thinks fit, cancelling the notice; and where a notice is varied under this section the notice and any copy thereof which has been served under section 14(4) shall be deemed always to have had effect as so varied.

Where an application is made under this section and is not withdrawn, the period specified in the notice in question as the period within which the remedial operations are to be carried out shall not expire before the application is finally determined; and where on an application under this section the court is not satisfied that the ground, or any of the grounds, of the application is made out, the court may nevertheless by order extend the period specified in the notice as the period within which the remedial operations are to be carried out.

Where a local authority has served on the owner of a disused tip a notice under section 14 requiring the carrying out of remedial operations then, notwithstanding that an application may have been made under section 15 in respect of the notice or that the owner may have begun to carry out the operations (and whether or not the period specified for the carrying out of the operations has expired) the local authority may at any time before the completion of the remedial operations cancel the notice under section 14 by a notice under this section in the prescribed form served on the owner.

Where a notice is served under this section in respect of a notice under section 14, the local authority shall serve a copy of the notice so served on every person on whom it served a copy of the notice under section 14.

Where a notice under section 14 is cancelled under this section then, without prejudice to any penalty already incurred by the owner of the tip under section 14(8), the owner shall no longer be required to carry out the remedial operations specified in the notice which is cancelled; but the service of a notice under this section shall not affect the right of the local authority to serve a further notice under section 14 in relation to the disused tip in question.

Where a local authority has cancelled a notice under section 14 and the owner of the disused tip has incurred expenditure in compliance with the notice, the owner may apply to the court for an order directing the local authority to reimburse to him the whole, or such part as the court thinks fit, of—

In determining whether to make an order under subsection (4) or to what extent the local authority is to be required by such an order to reimburse the owner, the court shall have regard to all the circumstances of the case and, in particular, to the grounds on which the local authority cancelled the notice under section 14 and to whether the local authority has served or intends to serve a further notice on the owner under section 14 or whether the local authority intends to carry out remedial operations itself.

Where a local authority considers that such circumstances exist as are specified in section 14(1) then, instead of serving a notice under that section requiring the owner of the disused tip in question to carry out remedial operations, the authority may itself carry out remedial operations and any works of reinstatement reasonably necessary in consequence of the carrying out of those remedial operations.

Subject to subsection (3), where a local authority proposes to carry out remedial operations under subsection (1) in relation to a disused tip it shall, not less than twenty-one days before the operations are begun, serve notice on the owner of the tip of its intention to carry out the operations, specifying the nature and extent of the operations and of any consequential works of reinstatement which it proposes to carry out.

If a local authority has reasonable ground for believing that a disused tip is unstable and that possible danger to members of the public requires the immediate carrying out of remedial operations, it may begin operations under subsection (1) forthwith, notwithstanding that no notice under subsection (2) has been served or that less than twenty-one days has elapsed since the service of such a notice; but if no such notice has been served at the time the remedial operations are begun, then, as soon thereafter as is reasonably practicable, the local authority shall serve notice on the owner of the tip of the commencement of the operations, specifying the nature and extent of the operations and of any consequential works of reinstatement which it proposes to carry out.

A notice under subsection (2) or subsection (3) shall be in the prescribed form.

Concurrently with the service of a notice under subsection (2) or subsection (3) on the owner of a disused tip, or as soon thereafter as is reasonably practicable a copy of that notice shall be served on every person falling within paragraphs (a) to (e) of section 14(4) (and for the purposes of this subsection, any reference in those paragraphs to the notice shall be construed as a reference to the notice served on the owner of the disused tip under subsection (2) or subsection (3)).

A local authority may sell any material removed from a disused tip in the course of remedial operations carried out by it under subsection (1) and shall account to the owner of the material for the proceeds of sale thereof; but nothing in this subsection shall prevent the local authority from setting off the proceeds of sale or any part thereof against any sum which the local authority is entitled to recover from the owner of the material under the following provisions of this Part of this Act.

Where a local authority is the owner of a disused tip situated wholly or partly within its area, Schedule 2 to this Act shall apply in relation to the carrying out by the local authority of remedial operations relating to that tip.

Where a local authority has served a notice under section 17(2) of its intention to carry out remedial operations in relation to a disused tip or where no such notice has been served but section 17(3) applies, a person duly authorised in writing by the local authority may at any reasonable time enter upon the land on which the disused tip is situated or upon any neighbouring land for any purpose connected with the carrying out of remedial operations or consequential works of reinstatement; but, subject to the following provisions of this section, a person so authorised shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice in writing of the intended entry has been given to the occupier.

If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may by warrant under his hand authorise that person to enter the land, if need be by force; but such a warrant shall not be issued on the ground that entry has been refused or that a refusal of entry is apprehended unless the justice is satisfied that notice in writing of the intention to apply for a warrant has been given to the occupier.

Every warrant granted under this section shall continue in force until the purpose for which the entry is required has been satisfied.

Notwithstanding anything in subsection (1), in a case falling within section 17(3), a person duly authorised in writing by the local authority concerned may exercise the right of entry conferred by subsection (1) without giving notice or obtaining a warrant under this section.

A person duly authorised to enter on any land by virtue of this section shall, if so required, produce evidence of his authority before so entering and may take with him on to the land such other persons and such equipment as may be necessary.

Any person who wilfully obstructs a person entitled to enter land by virtue of this section shall be liable on summary conviction to a fine not exceeding £50level 3 on the standard scale or, on a second or subsequent conviction, to a fine not exceeding £100level 3 on the standard scale.

In the application of this section to Scotland—

Where a notice relating to remedial operations at a disused tip has been served on the owner of the tip under section 14 or section 17 and an application is made to the court under this section, the court may order that a contribution towards the expenses otherwise falling to be borne by the owner of the disused tip as a result of the carrying out of the remedial operations shall be made by any one or more of the following persons on whom notice of the application has been served, namely,—

An application under this section may be made by the owner of the disused tip on whom has been served the notice referred to in subsection (1) and, in the case of a notice under section 17, such an application may also be made by the local authority which served the notice.

An application under this section shall be of no effect unless it is made within the following period namely,—

In determining whether to make an order under this section requiring any person to make a contribution or what is to be the amount of any such contribution the court shall have regard to all the circumstances of the case and, in particular,—

An order under this section shall specify the amount of the contribution to be made by the person to whom it relates as a percentage (which, if the court thinks appropriate in any case, may be 100 per cent) of the total amount in respect of which a contribution can be claimed under the following provisions of this Part of this Act.

In this Part of this Act—

Subject to the following provisions of this section, where, as a result of remedial operations carried out by the owner of a disused tip in pursuance of a notice under section 14 or of exploratory tests or remedial operations carried out by a local authority under section 17(1),— any person interested in the land which is damaged or, as the case may be, the person whose enjoyment of land is disturbed shall be entitled to recover compensation under this section in respect of that damage or disturbance.

Subject to the following provisions of this Part of this Act—

Nothing in this section shall entitle the owner of a disused tip to compensation in respect of damage or disturbance resulting from remedial operations carried out by him or by any other person who was the owner of the disused tip at the time the remedial operations were carried out.

Subsections (1) to (3) shall apply in relation to damage or disturbance resulting from the carrying out of works of reinstatement consequential upon any remedial operations and accordingly any reference in those subsection to remedial operations includes a reference to consequential works of reinstatement.

Any dispute arising on a claim for compensation under this section shall be determined by the court.

The provisions of Schedule 3 to this Act shall have effect in relation to any claim for compensation under this section by the owner of a disused tip or by a contributory.

Subject to the following provisions of this section, where— the owner of the disused tip shall be entitled to recover from the contributory the specified percentage of the total amount determined in accordance with subsection (2).

Subject to subsection (4), the total amount in respect of which a contribution may be claimed by the owner of a disused tip in a case falling within subsection (1) is the aggregate of—

No contribution shall be recoverable under this section unless a demand therefor is served on the contributory specifying, in addition to the sum claimed by way of contribution,—

In any case where remedial operations have been carried out by the owner of a disused tip in compliance with a notice under section 14 and that notice was cancelled under section 16, this section and section 22 shall have effect subject to the modifications in Schedule 4 to this Act.

Within the period of six weeks beginning with the date of service on a contributory of a demand under section 21(3), the contributory may apply to the court for an order varying the demand on any one or more of the following grounds, namely,—

If on an application under subsection (1) the court is satisfied that the ground, or any of the grounds, of the application is made out, the court may make an order reducing the amount recoverable by the owner of the disused tip from the contributory to such amount as the court thinks fit.

Subject to the right to make an application under subsection (1) and to Schedule 4 to this Act a demand under section 21(3) shall be final and conclusive.

Subject to the following provisions of this section and to sections 24 and 25, where a local authority has carried out remedial operations in relation to a disused tip under section 17(1), the authority shall be entitled to recover from the owner of the tip—

Subject to the following provisions of this section and to section 24, where a local authority has carried out, in relation to a disused tip, exploratory tests which resulted in the service of a notice under section 14 requiring the owner of the tip to carry out remedial operations, the local authority shall be entitled to recover from the owner—

Where an order has been made under section 19 requiring any person to make a contribution towards the expenses otherwise falling to be borne by the owner of the disused tip as a result of the carrying out of the remedial operations referred to in subsection (1), or, as the case may be, subsection (2),—

No sum shall be recoverable under this section by a local authority from the owner of a disused tip or from any contributory unless a demand therefor is served on the owner or, as the case may be, the contributory specifying, in addition to the sum claimed by the local authority,—

Together with any sum recoverable by a local authority under this section from the owner of a disused tip or from a contributory, the local authority shall be entitled to recover interest from the date of service on him of the demand therefor under subsection (4) until the total amount recoverable from that person is paid, at such reasonable rate as the authority may determine; and, with the agreement of the authority, any sum so recoverable may be paid by such instalments as may be agreed.

For the purposes of this section,—

Within the period of six weeks beginning with the date of the service on the owner of a disused tip or on a contributory of a demand under section 23(4), the person on whom the demand was served may apply to the court for an order varying or cancelling the demand on any one or more of the grounds specified in subsection (2) or subsection (3), whichever is appropriate to the case in question.

Where the demand referred to in subsection (1) is made in a case falling within section 23(1), the grounds on which an application may be made under this section are—

Where the demand referred to in subsection (1) is made in a case falling within section 23(2), the grounds on which an application may be made under this section are—

If on an application under this section the court is satisfied that the ground, or any of the grounds, of the application is made out, the court may make an order either cancelling the demands in respect of which the application was made or reducing the amount recoverable from the person on whom that demand was served to such amount as the court thinks fit.

Subject to the right to make an application under this section, a demand under section 23(4) shall be final and conclusive.

Where remedial operations are being or have been carried out in relation to a disused tip by a local authority, the appropriate Minister may, with the consent of the Treasury, make grants to the local authority towards the expenditure incurred by the authority in or in connection with the carrying out of the remedial operations, any previous exploratory tests and any consequential works of reinstatement.

Grants made by the appropriate Minister under this section shall be of such amounts and payable at such times and subject to such conditions as he may from time to time determine either generally or in the case of any particular local authority or grant.

Grants under this section may be made either as periodical grants in respect of the costs from time to time incurred or treated as incurred by a local authority in respect of the borrowing of money to defray expenditure qualifying for such grants, or as capital grants in respect of such expenditure or in substitution for such periodical grants.

Where a grant is made to a local authority under this section the appropriate Minister may, after consultation with the local authority, give a direction that, having regard to the amount of the grant, the total amount recoverable from the owner of the disused tip concerned and any contributories under section 23, in respect of the expenditure referred to in paragraphs (a) to (d) of section 23(1), shall be limited to such amount as may be specified in the direction.

Where a direction is given under subsection (4) limiting the amount recoverable from the owner of the disused tip and any contributories under section 23 to the amount specified in the direction then, in relation to the recovery of that amount by the local authority,—

Where, by virtue of Part VI of the Local Government Act 1972, a district council incurs any such expenditure as is referred to in subsection (1), grants under this section may be made to the district council and references to a local authority shall be construed accordingly.

Any person who wilfully prevents or interferes with the carrying out of exploratory tests or remedial operations shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Any person who wilfully damages or otherwise interferes with any works completed in the course of remedial operations for the purpose of ensuring the stability of a disused tip shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings in respect of an offence under this Part of this Act shall not, in England and Wales, be instituted except by a local authority or by or with the consent of the Director of Public Prosecutions.

Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Subject to the following provisions of this section, in the application of this Part of this Act in England and Wales,' " the court" means the High Court.

With the consent of the local authority which served a notice or copy of a notice under section 14, an application for the variation or cancellation of the notice under section 15 may be brought in the county court; and with the consent of the person on whom notice of an application under section 19 is served, an application under that section may be made in the county court.

Where, in any proceedings to which this subsection applies, the amount relevant to those proceedings does not exceed the limit for the time being imposed on the jurisdiction of a county court under paragraph (b) of section 40(1) of the County Courts Act 1959 (money recoverable by statute), proceedings to which this subsection applies may be begun in the county court instead of in the High Court.

The proceedings to which subsection (3) applies are those specified in paragraphs (a) to (e) below and the amounts relevant to any such proceedings are as follows:—

Any power conferred by this Part of this Act to make regulations and the power to make an order under section 23(5) shall be exercisable by statutory instrument.

A statutory instrument containing regulations under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing an order under section 23(5) shall be laid before Parliament after being made.

The power to make an order under section 23(5) includes power to vary or revoke such an order by a further order under that section.

Any document which is required or authorised under this Part of this Act to be given to or served on any person may be given to or served on him—

Any document required or authorised under this Part of this Act to be given to or served on a body corporate shall be duly given or served if it is given to or served on the secretary or clerk of that body.

For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom any document is to be given or served shall, in the case of the secretary or clerk of a body corporate, be that of the registered or principal office of that body, and in any other case shall be the last known address of the person to be served: Provided that, if the person to or on whom the document to be given or served has, in accordance with arrangements agreed, given an address in the United Kingdom for the giving or service of the document, his proper address for those purposes shall be that address.

If the name or the address of any owner, lessee or occupier of land to or on whom any document is to be given or served under this Part of this Act cannot after reasonable inquiry be ascertained by the local authority or person seeking to give or serve the document, but there is on that land a building occupied by some person, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) and either delivering it to some responsible person in the building or sending it by post to that building in a letter addressed to “the owner”, “the lessee”, or “the occupier”, as the case may be.

In relation to any document required or authorised under this Part of this Act to be given or served by a local authority, the preceding provisions of this section shall have effect in place of section 233 of the Local Government Act 1972 or section 192 of the Local Government (Scotland) Act 1973 (service of notices by local authority) but nothing in this section shall affect the operation in relation to such a document of section 234 of the said Act of 1972 or, as the case may be, section 193 of the said Act of 1973 (authentication of documents).

No notice under section 14 may be served in respect of a disused tip if the land on which the tip is situated is ecclesiastical property, but nothing in this subsection affects the powers of a local authority under section 17.

Where under this Part of this Act a document is required or authorised to be given to, or served on, any person as occupier of, or owner of an estate or interest in, any land which is ecclesiastical property, a copy of the document shall be given to or served on the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated .

Any compensation payable under section 20 to a person by virtue of his having an estate in fee simple in any land shall, if that land is ecclesiastical property, be paid (where the fee simple is vested in any person other than the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated ) to them it instead of that person.

Any sums paid under subsection (3) to the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated with reference to any land shall, if the land is not consecrated, be applied by them it for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale, and, if the land is consecrated, be applied by them it in such a manner as they may determine as if the land had been sold under the Pastoral Measure 1983 .

Where the fee simple in any ecclesiastical property is in abeyance Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant —

Where subsection (5) does not apply but a liability to pay any sum under this Part of this Act falls on any person, either as owner of a disused tip or as a contributory, by virtue of there being vested in him the fee simple in land belonging to a benefice, the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated may apply any sums held by them it for that benefice in discharging the whole or any part of that liability.

In the foregoing provisions of this section “benefice” means an ecclesiastical benefice of the Church of England and “ecclesiastical property” means land belonging to a benefice or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

Subsection (1) applies in relation to Scottish church land as it applies to ecclesiastical property within the meaning of subection (7).

The provisions of this section shall have effect with respect to the raising of money in particular cases for the payment— and in the following provisions of this section the expression “relevant expenditure” means any such expenses, compensation or sums as are referred to in paragraphs (a), (b) and (c) above.

In relation to England and Wales—

In relation to Scotland, for the purpose of paying any relevant expenditure, a trustee, a liferenter or an heir of entail in possession shall have power to expend capital money and to sell, or to borrow money on the security of, the estate or any part thereof, heritable as well as moveable.

A local authority in Scotland may execute outside their area any works which under this Part of this Act they may execute within their area, subject to entering into an agreement with the local authority of the area in which the works are being carried out as to the terms and conditions on which any such works are to be executed.

A local authority in Scotland may by agreement with the owner of a disused tip themselves execute at his expense any works which they have under this Part of this Act required him to execute, and for that purpose they shall have all such rights as he would have.

In the application of this Part of this Act to Scotland, the provisions of the following enactments shall apply for any purpose of this Part of this Act as they apply for the purposes of the respective enactments, and as if any reference in these enactments to any local authority and, in the case of section 37(3) of the Building (Scotland) Act 2003 (asp 8), the reference to “any such person” were a reference to a local authority within the meaning of this Part of this Act, that is to say,—

In this Part of this Act—

For the purposes of this Part of this Act a disused tip shall be treated as unstable if and only if there is, or there is reasonable ground for believing that there is likely to be, such a movement of the refuse which makes up the tip as to cause a significant increase in the area of land covered by the tip.

In this Part of this Act the expression “owner” in relation to a disused tip means—

Any reference in this Part of this Act to the appropriate Minister shall be construed—

Any reference in this Part of this Act to a section or subsection which is not otherwise identified is a reference to that section of this Act or to that subsection of the section in which the reference occurs, as the case may be.

Any reference in this Part of this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment.

This Act may be cited as the Mines and Quarries (Tips) Act 1969.

Part I of this Act and the Mines and Quarries Act 1954 may be cited together as the Mines and Quarries Acts 1954 and 1969.

Part I of this Act shall come into operation on such day as the Minister of Power may by order made by statutory instrument appoint and Part II of this Act, in its application to England and Wales, shall come into operation on such day as the Minister of Housing and Local Government and the Secretary of State for Wales may by order made by statutory instrument jointly appoint, and in its application to Scotland on such day as the Secretary of State for Scotland may by order so made appoint.

Sections 28 and 33 of this Act do not extend to Scotland and sections 34 and 35 extend to Scotland only.

This Act does not extend to Northern Ireland.

Every tip to which this Part of this Act applies shall be made and kept secure.

Provision may be made by regulations with respect to any matter or thing with respect to which it appears to the Minister requisite or expedient to make provision for the purpose of ensuring the security of tips to which this Part of this Act applies, for securing that land on which tipping operations are to be carried out is satisfactory for the purpose and otherwise for carrying this Part of this Act into effect.

This Part of this Act shall be construed as one with the Mines and Quarries Act 1954 (in this Part of this Act referred to as " the principal Act") and, without prejudice to the generality of this provision,—

In this Act, the expression " tip " means an accumulation or deposit of refuse from a mine or quarry (whether in a solid state or in solution or suspension) other than an accumulation or deposit situated underground, and where any wall or other structure retains or confines a tip then, whether or not that wall or structure is itself composed of refuse, it shall be deemed to form part of the tip for the purposes of this Act.

Subject to subsections (3) and (4) below, a tip is one to which this Part of this Act applies if either— and for the purposes of this Part of this Act a tip is an " active tip " if it falls within paragraph (a) above and a " closed tip " if it falls within paragraph (b) above.

If part, but not the whole, of any premises on which a tip is situated is occupied exclusively by the owner of a mine or quarry and, by reason only that the whole of those premises is not occupied exclusively by the owner, the tip is not, apart from this subsection, one to which this Part of this Act applies (whether as an active tip or a closed tip) then.—

If the whole or any part of a tip which, apart from this subsection, would be a tip to which this Part of this Act applies is appropriated to some use which, in the opinion of the Minister, is inconsistent with the resumption of tipping operations on the tip, or on a particular part of it, the Minister may by order direct that, as from such day as may be specified in the order, the whole or such part of the tip as may be so specified shall cease to be a tip to which this Part of this Act applies.

Notwithstanding anything in subsection (3)(a) above or in section 180(4) of the principal Act, where an order is made under subsection (3)(b) or subsection (4) above in relation to a tip which, apart from the order, would be an active tip, then, for the purposes of the principal Act and this Part of this Act, the premises on which the tip, or the part thereof which is specified in the order, is situated shall cease to form part of a mine or quarry as from the day specified in the order; but where such an order relates to part only of the tip, then (subject to any subsequent order) the remainder of the tip shall, of itself, be treated as an active tip and accordingly the premises on which the remainder of the tip is situated shall continue to form part of the mine or quarry with which the tip is associated.

It shall be the duty of the owner and of the manager of every mine and of the owner and of any manager of every quarry to take such steps as may be necessary for securing that he is at all material times in possession of all information relevant for determining the nature and extent of any steps which it is requisite for him to take in order to discharge efficiently the duties imposed on him by or by virtue of this Part of this Act.

Neither the manager of a mine as such, nor a manager of a quarry as such shall be guilty of an offence, by virtue of subsection (1) or subsection (2) of section 152 of the principal Act (which provides among other things that managers may be guilty of an offence where some other person contravenes a particular statutory provision) by reason of a contravention, in relation to a closed tip which is associated with the mine or quarry, of—

In subsection (2) above, the expression " the manager ", in relation to a mine, includes an under-manager of the mine and any person who is for the time being treated for the purposes of the principal Act as the manager or an under-manager of the mine, 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.

For the purpose of determining whether a tip to which this Part of this Act applies is, or is likely to become, insecure an inspector shall have power to require the owner of the mine or quarry with which it is associated to furnish such information as the inspector may specify and may by notice served on the owner require him to carry out such procedures or conduct such tests as may be specified in the notice.

In relation to an active tip, the powers of an inspector under subsection (4) above shall include power to require information from, or to serve a notice requiring the carrying out of procedures or the conduct of tests by, the manager of the mine or, as the case may be, a manager of the quarry, instead of, or as well as, the owner.

The provisions of Part XV of the principal Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under this section.

If at any time tipping operations from a mine or quarry of a prescribed class or description— the owner of the mine or quarry shall give notice to the inspector for the district of the intention to begin or resume the tipping operations not less than thirty days, or such shorter period as the inspector may permit, before the beginning or resumption of the operations.

Not more than two months after the date on which tipping operations from a mine or quarry of a prescribed class or description cease at an active tip, the owner of the mine or quarry shall give notice to the inspector for the district that tipping operations have ceased at that tip.

Regulations may require that, in the case of any mine or quarry with which is associated an active tip of such class or description as may be prescribed, the manager of the mine or, as the case may be, the owner of the quarry shall make rules (in this Part of this Act referred to as " tipping rules ") with respect to tipping operations on any active tip of a prescribed class or description and the nature of the refuse to be deposited on such a tip.

Tipping rules shall comply with such requirements with respect to the form thereof and the matters to be specified therein as may be prescribed and may impose upon persons employed at the mine or quarry such duties and prohibitions as it appears to the manager of the mine or the owner of the quarry requisite or expedient to impose on them for securing compliance with any requirement imposed by or by virtue of this Part of this Act.

If, with respect to any tipping rules for the time being in force, an inspector is of opinion that the rules require modification in any particular, he may serve on the manager of the mine concerned or, as the case may be, the owner of the quarry concerned, a notice specifying the particular in which, in his opinion, the rules require modification and the nature of the modification which, in his opinion, ought to be made, and requiring the manager or owner, before the expiry of such period beginning with the date on which the notice becomes operative as may be specified therein, to modify the tipping rules in accordance with the tenor of the notice.

The provisions of Part XV of the principal Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under this section.

Any provision of tipping rules which is inconsistent with the provisions of any regulation shall, to the extent of the inconsistency, be of no effect.

A copy of all tipping rules for the time being in force with respect to a mine or quarry shall be kept at the office at the mine or quarry or at such other place as may be approved by an inspector, and it shall be the duty of the manager of every mine and the owner of every quarry with respect to which tipping rules are for the time being in force to supply to every person employed at the mine or quarry whose duties consist of or include the carrying out of tipping operations a document explaining the effect of the tipping rules so far as they concern him.

A document purporting to be certified by the manager of a mine or the owner of a quarry to be a true copy of any tipping rules for the time being in force with respect to that mine or quarry shall be receivable in evidence and shall, unless the contrary is proved, be deemed to be such a copy.

Provision may be made by regulations for requiring that, in the case of every active or closed tip of a prescribed class or description, the person having responsibility for the tip shall keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector accurate plans and sections of the tip and of the strata underlying it, being plans or, as the case may be, sections complying with such requirements as are imposed by or by virtue of subsection (2) below ; and regulations made by virtue of this subsection may require that plans and sections be so kept as at any time to disclose the extent of the tip delineated thereon both up to a day not earlier than such previous day as may be prescribed and up to a distance from its position at that time not greater than such as may be prescribed.

Plans and sections required to be kept by virtue of subsection (1) above shall be of durable material and be prepared in such form and manner as may be specified by rules made by the Minister and on a scale not less than such as may be so specified and any such plans and sections shall record such information as may be so specified with respect to situation, contours, boundaries, the nature of the refuse deposited and any such other matters (whether similar to those specially mentioned in this subsection or not) as may be so specified.

If it appears to an inspector that any information which, by virtue of the preceding provisions of this section, is required to be recorded on a plan or section required to be kept by the person having responsibility for an active or closed tip cannot be recorded thereon fully and clearly, he may serve on that person a notice requiring him to keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector such supplementary plan, section or drawing specified in the notice as appears to the inspector by whom the notice is served to be requisite for the purpose of recording that information fully and clearly.

For the purposes of this section the person having responsibility for a tip is—

Provision may be made by regulations for requiring that, in the event of the abandonment of a mine or quarry, the owner of the mine or quarry shall, within the prescribed period, send to the inspector for the district—

Subject to subsection (3) below, plans, drawings, sections and other information sent to an inspector in pursuance of subsection (1) above shall be preserved by the Minister or by some other person under arrangements made or approved by the Minister.

Where, at the time at which the working of a mine or quarry is resumed, any plans, drawings, sections or other information relating to a tip associated, or formerly associated, with the mine or quarry are, by virtue of subsection (2) above, preserved by the Minister or by some other person (not being the owner of the mine or quarry), the owner shall, on giving not less than fourteen days' notice to the person by whom they are preserved and (where that person is not the Minister) to the Minister, be entitled to have the plans, drawings, sections and other information delivered to him.

If required to do so before the expiry of a notice given by him under subsection (3) above, the owner of a mine or quarry shall afford to the Minister a reasonable opportunity of making copies of the whole, or such part as the Minister thinks fit, of any plans, drawings, sections and other information to which the notice relates.

Regulations may require that the person having responsibility for a tip of a prescribed class or description, being a tip to which this Part of this Act applies, shall keep at the office at the mine or quarry with which the tip is associated or at such other place as may be approved by an inspector a geological map of the district in which the tip is situated, being a map conforming to such requirements (if any) as may be prescribed.

Subsection (4) of section 6 above shall apply for the purposes of this section as it applies for the purposes of that section.

Where any person is convicted of an offence under the principal Act by virtue of— and the act or omission which constituted the contravention was of such a nature that it impaired, or might in the opinion of the court have been expected to impair, the security of the tip, the court by which that person is convicted may impose upon him either in addition to, or in substitution for, any fine authorised by section 155(1) of the principal Act, imprisonment for a term not exceeding three months.

In relation to any contravention falling within subsection (1) above, that subsection shall have effect in place of subsection (2) of section 155 of the principal Act (which restricts the penalty of imprisonment to offences where there was a risk of death, serious injury or danger to a person employed at a mine or quarry).

In this Part of this Act (and in any provision of the principal Act where these expressions occur).—

For the purposes of this Part of this Act and of the principal Act the mine or quarry with which a tip is associated shall be determined as follows.—

Any reference in this Part of this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Part of this Act.

For the purpose of ensuring that disused tips do not, by reason of instability, constitute a danger to members of the public, local authorities shall have the functions conferred on them by this Part of this Act.

For the purposes of this Part of this Act a disused tip is a tip other than one to which the Quarries Regulations 1999 or the Mines Regulations 2014 apply.

In this Part of this Act “local authority”, . . . means—

In this Part of this Act, “tip” means an accumulation or deposit of refuse from a mine or quarry (whether in a solid state or in solution or suspension) other than an accumulation or deposit situated underground, and where any wall or other structure retains or confines a tip then, whether or not that wall or structure is itself composed of refuse, it is deemed to form part of the tip for the purposes of this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purpose of enabling a local authority to assess whether a disused tip which is situated wholly or partly within its area is stable and whether any instability of the tip is or is likely to constitute a danger to members of the public, the local authority may, by notice served on the owner of the tip or on any other person who the authority has reason to believe may be able to assist it, require him, within such time, not being less than fourteen days, as may be specified in the notice, to produce to the authority such documents in his possession or control (whether in the form of maps, surveys, plans, records of work or otherwise and whether relating to the tip itself or the land on which it is situated) as may be so specified.

Any person who without reasonable excuse fails to comply with a notice under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, and any person who, in pursuance of such a notice— shall be liable on summary conviction to a fine not exceeding £400, or, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Subject to the following provisions of this section, a person duly authorised in writing by a local authority may at any reasonable time enter upon the land on which a disused tip is situated or upon any neighbouring land— but, subject to the following provisions of this section, a person so authorised shall not demand admission as of right to any land which is occupied unless at least forty-eight hours’ notice in writing of the intended entry has been given to the occupier.

If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may by warrant under his hand authorise that person to enter the land, if need be by force; but such a warrant shall not be issued on the ground that entry has been refused or that a refusal of entry is apprehended unless the justice is satisfied that notice in writing of the intention to apply for a warrant has been given to the occupier.

Every warrant granted under this section shall continue in force until the purpose for which the entry is required has been satisfied.

If a local authority has reasonable ground for believing that a disused tip is unstable and that possible danger to members of the public requires an immediate entry on to any such land as is referred to in subsection (1) for one or more of the purposes specified in that subsection, a person duly authorised in writing by the local authority may, at any time and without giving notice or obtaining a warrant under this section, enter upon the land for that purpose (or those purposes).

A person duly authorised to enter on any land by virtue of this section shall, if so required, produce evidence of his authority before so entering and may take with him on to the land such other persons and such equipment as may be necessary.

Any person who wilfully obstructs a person entitled to enter land by virtue of this section shall be liable on summary conviction to a fine not exceeding £50level 3 on the standard scale or, on a second or subsequent conviction, to a fine not exceeding £100level 3 on the standard scale.

In the application of this section to Scotland—

If it appears to a local authority that a disused tip situated wholly or partly within its area is unstable and, by reason of that instability, constitutes or is likely to constitute a danger to members of the public, the authority may by notice in the prescribed form served on the owner thereof require him to carry out, within such period as may be specified in the notice, being a period beginning not earlier than twenty-one days after the date of service of the notice, such remedial operations as may be so specified.

In this Part of this Act “remedial operations”, in relation to a disused tip, means operations which, in the opinion of the local authority concerned, are necessary to ensure the stability of the tip.

A notice under this section may require the carrying out of remedial operations on the tip itself, on the land on which it is situated or on any neighbouring land which is in the occupation of the owner of the tip or in which he has, otherwise than as a mortgagee, an estate or interest superior to that of the occupier.

Where a local authority serves a notice under this section on the owner of a disused tip, then, within the period of seven days beginning with the day on which the notice was served, the authority shall serve a copy of the notice on—

Where a local authority serves a notice under this section on the owner of a disused tip, then, within the period of twenty-one days beginning with the day on which the notice was served, the owner may serve a counter-notice under this subsection in the prescribed form requiring the local authority to exercise its powers under section 17; and where such a counter-notice is served—

Where the owner of a disused tip is required by a notice under this section to carry out remedial operations on any land which is not in his occupation but in which he has an estate or interest superior to that of the occupier, then, as against the occupier and any other person having an estate or interest in the land in question, the owner of the disused tip shall have the right to enter on to the land in order to carry out the remedial operations and any consequential works of reinstatement and to take with him on to the land such other persons and such equipment as may be necessary.

Where, in the course of carrying out remedial operations specified in a notice under this section, material which is not the property of the owner of the disused tip is removed from the tip, the owner may sell the material but shall account to the owner thereof for the proceeds of sale; but nothing in this subsection shall prevent the owner of a disused tip from setting off the proceeds of sale or any part thereof against any sum which he is entitled to recover from the owner of the material under the following provisions of this Part of this Act.

If, without reasonable excuse, the owner of a disused tip on whom a notice is served under this section fails to carry out the remedial operations specified in the notice within the period specified therein or, if that period is extended on an application under subsection (3) or subsection (4) of section 15, within that period as so extended, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person on whom is served a notice or a copy of a notice under section 14 may, within the period of twenty-one days beginning with the date of service of the notice on the owner, apply to the court for an order varying or cancelling the notice on any one or more of the following grounds, namely,—

If and so far as an application under this section is based on the ground of some defect or error in or in connection with the notice, the court shall dismiss the application if it is satisfied that the defect or error was not material.

Subject to subsection (2), if the court is satisfied on an application under this section that the ground, or any of the grounds, of the application is made out, the court may make an order varying or, if the court thinks fit, cancelling the notice; and where a notice is varied under this section the notice and any copy thereof which has been served under section 14(4) shall be deemed always to have had effect as so varied.

Where an application is made under this section and is not withdrawn, the period specified in the notice in question as the period within which the remedial operations are to be carried out shall not expire before the application is finally determined; and where on an application under this section the court is not satisfied that the ground, or any of the grounds, of the application is made out, the court may nevertheless by order extend the period specified in the notice as the period within which the remedial operations are to be carried out.

Where a local authority has served on the owner of a disused tip a notice under section 14 requiring the carrying out of remedial operations then, notwithstanding that an application may have been made under section 15 in respect of the notice or that the owner may have begun to carry out the operations (and whether or not the period specified for the carrying out of the operations has expired) the local authority may at any time before the completion of the remedial operations cancel the notice under section 14 by a notice under this section in the prescribed form served on the owner.

Where a notice is served under this section in respect of a notice under section 14, the local authority shall serve a copy of the notice so served on every person on whom it served a copy of the notice under section 14.

Where a notice under section 14 is cancelled under this section then, without prejudice to any penalty already incurred by the owner of the tip under section 14(8), the owner shall no longer be required to carry out the remedial operations specified in the notice which is cancelled; but the service of a notice under this section shall not affect the right of the local authority to serve a further notice under section 14 in relation to the disused tip in question.

Where a local authority has cancelled a notice under section 14 and the owner of the disused tip has incurred expenditure in compliance with the notice, the owner may apply to the court for an order directing the local authority to reimburse to him the whole, or such part as the court thinks fit, of—

In determining whether to make an order under subsection (4) or to what extent the local authority is to be required by such an order to reimburse the owner, the court shall have regard to all the circumstances of the case and, in particular, to the grounds on which the local authority cancelled the notice under section 14 and to whether the local authority has served or intends to serve a further notice on the owner under section 14 or whether the local authority intends to carry out remedial operations itself.

Where a local authority considers that such circumstances exist as are specified in section 14(1) then, instead of serving a notice under that section requiring the owner of the disused tip in question to carry out remedial operations, the authority may itself carry out remedial operations and any works of reinstatement reasonably necessary in consequence of the carrying out of those remedial operations.

Subject to subsection (3), where a local authority proposes to carry out remedial operations under subsection (1) in relation to a disused tip it shall, not less than twenty-one days before the operations are begun, serve notice on the owner of the tip of its intention to carry out the operations, specifying the nature and extent of the operations and of any consequential works of reinstatement which it proposes to carry out.

If a local authority has reasonable ground for believing that a disused tip is unstable and that possible danger to members of the public requires the immediate carrying out of remedial operations, it may begin operations under subsection (1) forthwith, notwithstanding that no notice under subsection (2) has been served or that less than twenty-one days has elapsed since the service of such a notice; but if no such notice has been served at the time the remedial operations are begun, then, as soon thereafter as is reasonably practicable, the local authority shall serve notice on the owner of the tip of the commencement of the operations, specifying the nature and extent of the operations and of any consequential works of reinstatement which it proposes to carry out.

A notice under subsection (2) or subsection (3) shall be in the prescribed form.

Concurrently with the service of a notice under subsection (2) or subsection (3) on the owner of a disused tip, or as soon thereafter as is reasonably practicable a copy of that notice shall be served on every person falling within paragraphs (a) to (e) of section 14(4) (and for the purposes of this subsection, any reference in those paragraphs to the notice shall be construed as a reference to the notice served on the owner of the disused tip under subsection (2) or subsection (3)).

A local authority may sell any material removed from a disused tip in the course of remedial operations carried out by it under subsection (1) and shall account to the owner of the material for the proceeds of sale thereof; but nothing in this subsection shall prevent the local authority from setting off the proceeds of sale or any part thereof against any sum which the local authority is entitled to recover from the owner of the material under the following provisions of this Part of this Act.

Where a local authority is the owner of a disused tip situated wholly or partly within its area, Schedule 2 to this Act shall apply in relation to the carrying out by the local authority of remedial operations relating to that tip.

Where a local authority has served a notice under section 17(2) of its intention to carry out remedial operations in relation to a disused tip or where no such notice has been served but section 17(3) applies, a person duly authorised in writing by the local authority may at any reasonable time enter upon the land on which the disused tip is situated or upon any neighbouring land for any purpose connected with the carrying out of remedial operations or consequential works of reinstatement; but, subject to the following provisions of this section, a person so authorised shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice in writing of the intended entry has been given to the occupier.

If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may by warrant under his hand authorise that person to enter the land, if need be by force; but such a warrant shall not be issued on the ground that entry has been refused or that a refusal of entry is apprehended unless the justice is satisfied that notice in writing of the intention to apply for a warrant has been given to the occupier.

Every warrant granted under this section shall continue in force until the purpose for which the entry is required has been satisfied.

Notwithstanding anything in subsection (1), in a case falling within section 17(3), a person duly authorised in writing by the local authority concerned may exercise the right of entry conferred by subsection (1) without giving notice or obtaining a warrant under this section.

A person duly authorised to enter on any land by virtue of this section shall, if so required, produce evidence of his authority before so entering and may take with him on to the land such other persons and such equipment as may be necessary.

Any person who wilfully obstructs a person entitled to enter land by virtue of this section shall be liable on summary conviction to a fine not exceeding £50level 3 on the standard scale or, on a second or subsequent conviction, to a fine not exceeding £100level 3 on the standard scale.

In the application of this section to Scotland—

Where a notice relating to remedial operations at a disused tip has been served on the owner of the tip under section 14 or section 17 and an application is made to the court under this section, the court may order that a contribution towards the expenses otherwise falling to be borne by the owner of the disused tip as a result of the carrying out of the remedial operations shall be made by any one or more of the following persons on whom notice of the application has been served, namely,—

An application under this section may be made by the owner of the disused tip on whom has been served the notice referred to in subsection (1) and, in the case of a notice under section 17, such an application may also be made by the local authority which served the notice.

An application under this section shall be of no effect unless it is made within the following period namely,—

In determining whether to make an order under this section requiring any person to make a contribution or what is to be the amount of any such contribution the court shall have regard to all the circumstances of the case and, in particular,—

An order under this section shall specify the amount of the contribution to be made by the person to whom it relates as a percentage (which, if the court thinks appropriate in any case, may be 100 per cent) of the total amount in respect of which a contribution can be claimed under the following provisions of this Part of this Act.

In this Part of this Act—

Subject to the following provisions of this section, where, as a result of remedial operations carried out by the owner of a disused tip in pursuance of a notice under section 14 or of exploratory tests or remedial operations carried out by a local authority under section 17(1),— any person interested in the land which is damaged or, as the case may be, the person whose enjoyment of land is disturbed shall be entitled to recover compensation under this section in respect of that damage or disturbance.

Subject to the following provisions of this Part of this Act—

Nothing in this section shall entitle the owner of a disused tip to compensation in respect of damage or disturbance resulting from remedial operations carried out by him or by any other person who was the owner of the disused tip at the time the remedial operations were carried out.

Subsections (1) to (3) shall apply in relation to damage or disturbance resulting from the carrying out of works of reinstatement consequential upon any remedial operations and accordingly any reference in those subsection to remedial operations includes a reference to consequential works of reinstatement.

Any dispute arising on a claim for compensation under this section shall be determined by the court.

The provisions of Schedule 3 to this Act shall have effect in relation to any claim for compensation under this section by the owner of a disused tip or by a contributory.

Subject to the following provisions of this section, where— the owner of the disused tip shall be entitled to recover from the contributory the specified percentage of the total amount determined in accordance with subsection (2).

Subject to subsection (4), the total amount in respect of which a contribution may be claimed by the owner of a disused tip in a case falling within subsection (1) is the aggregate of—

No contribution shall be recoverable under this section unless a demand therefor is served on the contributory specifying, in addition to the sum claimed by way of contribution,—

In any case where remedial operations have been carried out by the owner of a disused tip in compliance with a notice under section 14 and that notice was cancelled under section 16, this section and section 22 shall have effect subject to the modifications in Schedule 4 to this Act.

Within the period of six weeks beginning with the date of service on a contributory of a demand under section 21(3), the contributory may apply to the court for an order varying the demand on any one or more of the following grounds, namely,—

If on an application under subsection (1) the court is satisfied that the ground, or any of the grounds, of the application is made out, the court may make an order reducing the amount recoverable by the owner of the disused tip from the contributory to such amount as the court thinks fit.

Subject to the right to make an application under subsection (1) and to Schedule 4 to this Act a demand under section 21(3) shall be final and conclusive.

Subject to the following provisions of this section and to sections 24 and 25, where a local authority has carried out remedial operations in relation to a disused tip under section 17(1), the authority shall be entitled to recover from the owner of the tip—

Subject to the following provisions of this section and to section 24, where a local authority has carried out, in relation to a disused tip, exploratory tests which resulted in the service of a notice under section 14 requiring the owner of the tip to carry out remedial operations, the local authority shall be entitled to recover from the owner—

Where an order has been made under section 19 requiring any person to make a contribution towards the expenses otherwise falling to be borne by the owner of the disused tip as a result of the carrying out of the remedial operations referred to in subsection (1), or, as the case may be, subsection (2),—

No sum shall be recoverable under this section by a local authority from the owner of a disused tip or from any contributory unless a demand therefor is served on the owner or, as the case may be, the contributory specifying, in addition to the sum claimed by the local authority,—

Together with any sum recoverable by a local authority under this section from the owner of a disused tip or from a contributory, the local authority shall be entitled to recover interest from the date of service on him of the demand therefor under subsection (4) until the total amount recoverable from that person is paid, at such reasonable rate as the authority may determine; and, with the agreement of the authority, any sum so recoverable may be paid by such instalments as may be agreed.

For the purposes of this section,—

Within the period of six weeks beginning with the date of the service on the owner of a disused tip or on a contributory of a demand under section 23(4), the person on whom the demand was served may apply to the court for an order varying or cancelling the demand on any one or more of the grounds specified in subsection (2) or subsection (3), whichever is appropriate to the case in question.

Where the demand referred to in subsection (1) is made in a case falling within section 23(1), the grounds on which an application may be made under this section are—

Where the demand referred to in subsection (1) is made in a case falling within section 23(2), the grounds on which an application may be made under this section are—

If on an application under this section the court is satisfied that the ground, or any of the grounds, of the application is made out, the court may make an order either cancelling the demands in respect of which the application was made or reducing the amount recoverable from the person on whom that demand was served to such amount as the court thinks fit.

Subject to the right to make an application under this section, a demand under section 23(4) shall be final and conclusive.

Where remedial operations are being or have been carried out in relation to a disused tip by a local authority, the appropriate Minister may, with the consent of the Treasury, make grants to the local authority towards the expenditure incurred by the authority in or in connection with the carrying out of the remedial operations, any previous exploratory tests and any consequential works of reinstatement.

Grants made by the appropriate Minister under this section shall be of such amounts and payable at such times and subject to such conditions as he may from time to time determine either generally or in the case of any particular local authority or grant.

Grants under this section may be made either as periodical grants in respect of the costs from time to time incurred or treated as incurred by a local authority in respect of the borrowing of money to defray expenditure qualifying for such grants, or as capital grants in respect of such expenditure or in substitution for such periodical grants.

Where a grant is made to a local authority under this section the appropriate Minister may, after consultation with the local authority, give a direction that, having regard to the amount of the grant, the total amount recoverable from the owner of the disused tip concerned and any contributories under section 23, in respect of the expenditure referred to in paragraphs (a) to (d) of section 23(1), shall be limited to such amount as may be specified in the direction.

Where a direction is given under subsection (4) limiting the amount recoverable from the owner of the disused tip and any contributories under section 23 to the amount specified in the direction then, in relation to the recovery of that amount by the local authority,—

Where, by virtue of Part VI of the Local Government Act 1972, a district council incurs any such expenditure as is referred to in subsection (1), grants under this section may be made to the district council and references to a local authority shall be construed accordingly.

Any person who wilfully prevents or interferes with the carrying out of exploratory tests or remedial operations shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Any person who wilfully damages or otherwise interferes with any works completed in the course of remedial operations for the purpose of ensuring the stability of a disused tip shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings in respect of an offence under this Part of this Act shall not, in England and Wales, be instituted except by a local authority or by or with the consent of the Director of Public Prosecutions.

Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Subject to the following provisions of this section, in the application of this Part of this Act in England and Wales,' " the court" means the High Court.

With the consent of the local authority which served a notice or copy of a notice under section 14, an application for the variation or cancellation of the notice under section 15 may be brought in the county court; and with the consent of the person on whom notice of an application under section 19 is served, an application under that section may be made in the county court.

Where, in any proceedings to which this subsection applies, the amount relevant to those proceedings does not exceed the limit for the time being imposed on the jurisdiction of a county court under paragraph (b) of section 40(1) of the County Courts Act 1959 (money recoverable by statute), proceedings to which this subsection applies may be begun in the county court instead of in the High Court.

The proceedings to which subsection (3) applies are those specified in paragraphs (a) to (e) below and the amounts relevant to any such proceedings are as follows:—

Any power conferred by this Part of this Act to make regulations and the power to make an order under section 23(5) shall be exercisable by statutory instrument.

A statutory instrument containing regulations under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing an order under section 23(5) shall be laid before Parliament after being made.

The power to make an order under section 23(5) includes power to vary or revoke such an order by a further order under that section.

Any document which is required or authorised under this Part of this Act to be given to or served on any person may be given to or served on him—

Any document required or authorised under this Part of this Act to be given to or served on a body corporate shall be duly given or served if it is given to or served on the secretary or clerk of that body.

For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom any document is to be given or served shall, in the case of the secretary or clerk of a body corporate, be that of the registered or principal office of that body, and in any other case shall be the last known address of the person to be served: Provided that, if the person to or on whom the document to be given or served has, in accordance with arrangements agreed, given an address in the United Kingdom for the giving or service of the document, his proper address for those purposes shall be that address.

If the name or the address of any owner, lessee or occupier of land to or on whom any document is to be given or served under this Part of this Act cannot after reasonable inquiry be ascertained by the local authority or person seeking to give or serve the document, but there is on that land a building occupied by some person, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) and either delivering it to some responsible person in the building or sending it by post to that building in a letter addressed to “the owner”, “the lessee”, or “the occupier”, as the case may be.

In relation to any document required or authorised under this Part of this Act to be given or served by a local authority, the preceding provisions of this section shall have effect in place of section 233 of the Local Government Act 1972 or section 192 of the Local Government (Scotland) Act 1973 (service of notices by local authority) but nothing in this section shall affect the operation in relation to such a document of section 234 of the said Act of 1972 or, as the case may be, section 193 of the said Act of 1973 (authentication of documents).

No notice under section 14 may be served in respect of a disused tip if the land on which the tip is situated is ecclesiastical property, but nothing in this subsection affects the powers of a local authority under section 17.

Where under this Part of this Act a document is required or authorised to be given to, or served on, any person as occupier of, or owner of an estate or interest in, any land which is ecclesiastical property, a copy of the document shall be given to or served on the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated .

Any compensation payable under section 20 to a person by virtue of his having an estate in fee simple in any land shall, if that land is ecclesiastical property, be paid (where the fee simple is vested in any person other than the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated ) to them it instead of that person.

Any sums paid under subsection (3) to the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated with reference to any land shall, if the land is not consecrated, be applied by them it for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale, and, if the land is consecrated, be applied by them it in such a manner as they may determine as if the land had been sold under the Pastoral Measure 1983 .

Where the fee simple in any ecclesiastical property is in abeyance Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant —

Where subsection (5) does not apply but a liability to pay any sum under this Part of this Act falls on any person, either as owner of a disused tip or as a contributory, by virtue of there being vested in him the fee simple in land belonging to a benefice, the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated may apply any sums held by them it for that benefice in discharging the whole or any part of that liability.

In the foregoing provisions of this section “benefice” means an ecclesiastical benefice of the Church of England and “ecclesiastical property” means land belonging to a benefice or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

Subsection (1) applies in relation to Scottish church land as it applies to ecclesiastical property within the meaning of subection (7).

The provisions of this section shall have effect with respect to the raising of money in particular cases for the payment— and in the following provisions of this section the expression “relevant expenditure” means any such expenses, compensation or sums as are referred to in paragraphs (a), (b) and (c) above.

In relation to England and Wales—

In relation to Scotland, for the purpose of paying any relevant expenditure, a trustee, a liferenter or an heir of entail in possession shall have power to expend capital money and to sell, or to borrow money on the security of, the estate or any part thereof, heritable as well as moveable.

A local authority in Scotland may execute outside their area any works which under this Part of this Act they may execute within their area, subject to entering into an agreement with the local authority of the area in which the works are being carried out as to the terms and conditions on which any such works are to be executed.

A local authority in Scotland may by agreement with the owner of a disused tip themselves execute at his expense any works which they have under this Part of this Act required him to execute, and for that purpose they shall have all such rights as he would have.

In the application of this Part of this Act to Scotland, the provisions of the following enactments shall apply for any purpose of this Part of this Act as they apply for the purposes of the respective enactments, and as if any reference in these enactments to any local authority and, in the case of section 37(3) of the Building (Scotland) Act 2003 (asp 8), the reference to “any such person” were a reference to a local authority within the meaning of this Part of this Act, that is to say,—

In this Part of this Act—

For the purposes of this Part of this Act a disused tip shall be treated as unstable if and only if there is, or there is reasonable ground for believing that there is likely to be, such a movement of the refuse which makes up the tip as to cause a significant increase in the area of land covered by the tip.

In this Part of this Act the expression “owner” in relation to a disused tip means—

Any reference in this Part of this Act to the appropriate Minister shall be construed—

Any reference in this Part of this Act to a section or subsection which is not otherwise identified is a reference to that section of this Act or to that subsection of the section in which the reference occurs, as the case may be.

Any reference in this Part of this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment.

This Act may be cited as the Mines and Quarries (Tips) Act 1969.

Part I of this Act and the Mines and Quarries Act 1954 may be cited together as the Mines and Quarries Acts 1954 and 1969.

Part I of this Act shall come into operation on such day as the Minister of Power may by order made by statutory instrument appoint and Part II of this Act, in its application to England and Wales, shall come into operation on such day as the Minister of Housing and Local Government and the Secretary of State for Wales may by order made by statutory instrument jointly appoint, and in its application to Scotland on such day as the Secretary of State for Scotland may by order so made appoint.

Sections 28 and 33 of this Act do not extend to Scotland and sections 34 and 35 extend to Scotland only.

This Act does not extend to Northern Ireland.