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82 provisions
40 Signalling and communication
In any shaft or outlet in which there is winding apparatus or other equipment, the mine operator must ensure that there is provided suitable and safe means to communicate and signal, where such means of communication and signalling is necessary to enable the winding apparatus or equipment to be used safely.
(1) The mine operator must ensure that all vehicles, conveyors and traffic routes are designed, installed, operated and maintained in such a way as to ensure, so far as is reasonably practicable, the health and safety of persons below ground at the mine.
(2) Without prejudice to the generality of the duty in paragraph (1), the mine operator must ensure that—
(a) vehicles or conveyors do not run in any traffic route unless there is sufficient clearance so that no part of a vehicle or conveyor or of a load on them comes into contact with–
(i) the roof or sides of the traffic route or anything supporting them; or
(ii) other equipment;
(b) so far as is reasonably practicable, no pedestrian is present in any traffic route when vehicles are moving on it, unless–
(i) there is safe and sufficient clearance between pedestrians and vehicles throughout the traffic route; or
(ii) there are adequate and sufficient places of refuge provided;
(c) suitable and sufficient devices are provided—
(i) to prevent the accidental disconnection or movement of vehicles or conveyors below ground; and
(ii) to arrest runaway vehicles below ground; and
(d) traffic routes are clearly identified.
(3) The duty in paragraph (2)(c) extends to all parts of a vehicle that may become uncoupled and move.
(1) The mine operator must ensure that—
(a) there is a suitable ventilation system below ground at the mine;
(b) the ventilation system is subject to suitable monitoring; and
(c) the ventilation system is recorded accurately on the ventilation plan required by regulation 59.
(2) The ventilation must be continuous and sufficient to ensure that, so far as is reasonably practicable—
(a) in the general body of air below ground at the mine, the amount of oxygen is not less than 19% by volume; and
(b) the temperature and humidity below ground at the mine are reasonable, having regard to the working methods being used.
(3) Nothing in paragraph (2) requires ventilation to be provided in any part of the mine where it is not necessary or practicable to do so.
(4) The mine operator must ensure that no ventilating fan (other than an auxiliary fan) is installed below ground at the mine unless there have been prepared—
(a) a survey of the likely effects of the fan on the ventilation below ground at the mine; and
(b) a report detailing the type, size and proposed location of the fan.
(5) If the ventilation in any part of the mine is interrupted, the mine operator must ensure that appropriate action is taken to ensure the health and safety of persons at work in that part of the mine.
45 Assessment and control of inhalable and respirable dust in coal mines
(1) This regulation applies below ground in coal mines.
(2) The mine operator must carry out a suitable assessment of the risk to the health of persons at work below ground at the mine created by exposure to inhalable dust.
(3) The mine operator must ensure that the assessment is—
(a) recorded; and
(b) reviewed and, where appropriate, revised if there is reason to suspect that there has been a material change in the matters to which it relates.
(4) The mine operator must ensure that the exposure to inhalable dust of persons at work below ground at the mine is either prevented or, where that is not reasonably practicable, reduced to as low a level as is reasonably practicable.
(5) The mine operator must have in place suitable arrangements for sampling the levels of respirable dust ... to which persons at work are exposed below ground at the mine.
(6) If a sample exceeds the action level for respirable dust ..., the mine operator must—
(a) determine the reason why the ... action level was exceeded;
(b) ensure that appropriate remedial action is taken; and
(c) ensure that appropriate further sampling is carried out for the purpose of assessing the effectiveness of any remedial action.
(7) The mine operator must ensure that every person who is, or is likely to be, exposed to inhalable dust is placed under suitable health surveillance, unless the exposure is not significant.
(1) The mine operator must ensure that suitable and sufficient artificial lighting is provided in every part of the mine below ground where persons work or pass.
(2) The duty in paragraph (1) does not apply in any part of the mine where artificial lighting is unnecessary because of the amount of light emitted by personal lamps or for any other reason.
(3) The mine operator must ensure that suitable and sufficient emergency lighting is provided in every place above ground at a mine where a person is likely to be exposed to significant risk in the event of a failure of artificial lighting.
(4) If it is not reasonably practicable to comply with the duty in paragraph (3), the mine operator must ensure that persons at work in that place are provided with a personal lamp.
The mine operator must—
(a) provide a suitable personal lamp to each person who goes to work below ground at a mine; or
(b) where a person provides his or her own lamp, ensure that it is suitable.
(1) The mine operator must ensure that there are at least two shafts or outlets providing at least two separate exits to the surface.
(2) The shafts or outlets required by paragraph (1) must be—
(a) of sound construction;
(b) readily accessible to persons below ground at the mine; and
(c) sufficiently separated so that, so far as is reasonably practicable, anything that happens in one of them will not affect the safety of the other or others.
(3) The mine operator must ensure that, so far as is reasonably practicable, two exits from the mine are available for use at any time by persons below ground at the mine.
(4) The mine operator must prepare a suitable written plan of the action to be taken to secure the safety of persons when, due to an unforeseen event or planned maintenance, only one exit is available for use.
(5) If only one exit is available for use, the mine operator must ensure that—
(a) the plan required by paragraph (4) is implemented; and
(b) the persons below ground are restricted, so far as is reasonably practicable, to those who will not be exposed to danger by reason that only one exit is available for use and who—
(i) are needed to carry out work essential for securing the safety of the mine;
(ii) are involved in work relating to the unforeseen event or planned maintenance;
(iii) at the time the exit became unavailable, were already working below ground, provided they do not remain below ground after their normal period of work has ended; or
(iv) are needed to secure the health or safety of any person.
(1) Subject to paragraph (3), the mine operator must ensure that every place where a person works has at least two ways out.
(2) At least two of the ways out required by paragraph (1) must—
(a) be clearly identified;
(b) be passable with reasonable convenience;
(c) be separate from each other; and
(d) lead to a different exit from the mine.
(3) The requirements in paragraphs (1) and (2) do not apply in relation to a heading or other place from which it is not reasonably practicable to provide at least two ways out that comply with paragraph (2), provided that the mine operator ensures that the following conditions are met—
(a) there are in place suitable procedures to ensure that all persons can leave the place safely;
(b) the activities carried out in the place are limited to those that are required to be carried out there; and
(c) the persons present at the place at any time are limited to those necessary for the activity or activities being carried out there.
(1) Emergency routes and exits must remain clear at all times and lead by the most direct and safe route to the open air or a safe area.
(2) Doors that may form part of an emergency route or exit must be capable of being opened easily at all times.
The mine operator must ensure that suitable auxiliary equipment is available for use when any equipment that is required to be used by persons to leave the mine becomes unavailable or breaks down.
The mine operator must ensure, so far as is reasonably practicable, that the intake airways for the mine are constructed of suitable fire resistant materials.
53 Duties of the mine operator with regard to escape and rescue
(1) The mine operator must—
(a) ensure that suitable arrangements are in place so that persons below ground at the mine can reach a safe place promptly in the event of an emergency; and
(b) provide and operate the necessary warning and other communication systems to enable assistance, escape and rescue operations to be launched immediately if the need arises.
(2) A mine may not be worked unless the mine operator has made suitable arrangements—
(a) for the rescue of persons from the mine; and
(b) for the carrying out of work necessary to secure the health and safety of persons below ground at the mine in the event of an emergency.
(1) The mine operator must prepare and maintain a written plan (in these Regulations referred to as the “escape and rescue plan”) which sets out the action to be taken to effect safely and promptly the evacuation and rescue of persons to a safe place in the event of an emergency.
(2) In preparing the escape and rescue plan, the mine operator must have regard to every relevant risk assessment carried out in accordance with these Regulations and regulation 3 of the Management Regulations.
(3) The mine operator must review the escape and rescue plan regularly at suitable intervals and whenever—
(a) there has been a significant change in the matters to which the plan relates; or
(b) the plan has been put into use.
(4) The mine operator must keep an up to date copy of the escape and rescue plan in a suitable place and make it available to appropriate persons promptly in the event of an emergency.
(1) The mine operator must ensure that suitable equipment is available for use at all times where it is necessary in any operation involving escape or rescue.
(2) The mine operator must ensure that the emergency equipment is—
(a) maintained in good condition; and
(b) stored in easily accessible places.
(3) The mine operator must ensure that in the event of an emergency the warning and other communication systems referred to in regulation 53(1)(b) are put into operation immediately.
(1) The mine operator must ensure that—
(a) all persons who work at the mine are trained in the appropriate actions to be taken in the event of an emergency at the mine; and
(b) appropriate persons are trained in the use of emergency equipment.
(2) The mine operator must ensure that written instructions are prepared on—
(a) the appropriate actions to be taken in the event of an emergency at the mine; and
(b) the use, handling and operation of emergency equipment.
(3) The mine operator must ensure that safety drills are held at regular intervals for the purpose of ensuring that persons who work at the mine are familiar with the matters specified in paragraph (2).
(1) In any mine in which the risk assessment carried out in accordance with regulation 3 of the Management Regulations has identified the likelihood of an irrespirable atmosphere, the mine operator must provide—
(a) suitable self-rescuers for all persons going below ground at the mine; and
(b) where necessary, safe havens or facilities below ground for the exchange and recharge of self rescuers.
(2) The mine operator must ensure that every person who has been issued with a self-rescuer—
(a) has been instructed how to use it; and
(b) does not go below ground without it.
(3) The mine operator must ensure that, so far as is reasonably practicable, every person who has been issued with a self-rescuer keeps it within the person’s reach at all times when below ground.
(4) The mine operator must ensure that all self-rescuers are checked regularly and stored in a suitable place at the mine.
(5) In this regulation, “safe haven” means a place below ground at a mine which is provided with facilities such that persons may wait there in safety to be rescued or until it is safe to leave.
(1) The mine operator must ensure that there is appointed a suitably qualified and competent person as surveyor of the mine at all times during any period when—
(a) mineral is being extracted from the mine, or such extraction is proposed; or
(b) there is significant excavation at the mine, or such excavation is proposed.
(2) Where for any reason a person appointed under paragraph (1) ceases to be the surveyor of the mine during any period mentioned in that paragraph, within a reasonable time after the appointment ceases the mine operator must appoint another suitably qualified and competent person to be surveyor of the mine.
(3) If, for any reason, no appointment has been made under paragraph (2) within a reasonable time, the only work that may be carried out below ground at the mine is work that is essential to the maintenance of the safety of the mine.
59 Working plans, sections, ventilation plans and geological map
(1) The mine operator must ensure that—
(a) there are—
(i) plans of all the workings in a mine from which any mineral is being extracted and of the mine’s boundaries and, so far as is practicable, of any other workings which may affect the safety of the mine (whether or not the workings are discontinued or abandoned); and
(ii) accurate sections of the seams or vein-systems currently being worked in the mine and of the surrounding strata;
(b) the plans required by sub-paragraph (a) include a plan of the system of ventilation at the mine (in this regulation referred to as the “ventilation plan”);
(c) the plans and sections required by sub-paragraph (a) are—
(i) kept for as long as necessary at the mine or (if that is not practicable) at some other convenient place;
(ii) prepared and revised at suitable intervals by the surveyor of the mine or a suitably qualified and competent person working under the surveyor’s supervision;
(iii) prepared in such form and in such quantity as is necessary to enable the mine to be worked safely;
(iv) prepared on such a scale and marked with such features as are necessary for—
(aa) the provision of accurate information relevant to the safe working of the mine; and
(bb) the provision of accurate information on the position and conditions of existing workings and, so far as practicable, workings that have been discontinued or abandoned;
(v) marked with the date on which the plan or section was commenced, prepared or revised;
(vi) permanently and clearly drawn or printed on suitable and durable material; and
(vii) maintained in good condition.
(2) The mine operator must retain all relevant information relating to the plans and sections referred to in paragraph (1).
(3) The mine operator must ensure that the ventilation plan shows in particular the general direction of the flow of ventilation, the points at which the quantity of air passing is assessed and the location of the principal devices for regulating the flow of ventilation.
(4) The mine operator must ensure that—
(a) a suitable geological map of the district in which the mine is situated is kept at the mine; and
(b) the geological map shows the boundaries of superficial and drift deposits.
(5) If a person ceases to be surveyor of the mine, the mine operator must ensure that–
(a) any plans, sections and relevant information relating to the plans and sections referred to in this regulation that are held by the surveyor are delivered to the mine operator as soon as is reasonably practicable; and
(b) where practicable, the person ceasing to be the surveyor prepares a report in writing of the condition of those plans and sections and sends it to the mine operator.
The mine operator must ensure that tips are designed, constructed, operated and maintained so as to ensure that—
(a) instability; or
(b) movement,
which is likely to give rise to a risk to the health and safety of any person is avoided.
(1) The mine operator must ensure that—
(a) a suitable appraisal of all existing or proposed tips at the mine is undertaken by a competent person in order to determine whether any such tip is or, in the case of a proposed tip, would be, a significant hazard;
(b) any significant findings made during the appraisal are recorded; and
(c) the record is made available to each employer of persons at the mine.
(2) Where the person undertaking the appraisal concludes that the tip presents no significant hazard, the mine operator must ensure that a competent person carries out further appraisals—
(a) at appropriate intervals;
(b) whenever there is any reason to suspect that there has been or will be a significant change to—
(i) the matters to which the appraisal relates; or
(ii) any neighbouring land which may be affected by movement by or instability of the tip to which the appraisal relates; and
(c) whenever there is any reason to doubt the validity of the conclusion of the current appraisal.
(3) Where the person undertaking the appraisal concludes that the tip represents a significant hazard, the mine operator must ensure that a geotechnical assessment is carried out in accordance with the requirements of regulation 62 as soon as is reasonably practicable.
(1) For the purposes of this Part—
(a) “geotechnical assessment” means an assessment carried out by a geotechnical specialist identifying and assessing all factors liable to affect the stability and safety of a proposed or existing tip; and
(b) “geotechnical specialist” means a person who is suitably qualified and competent to perform a geotechnical analysis to determine the hazard and risk arising from the tip being assessed.
(2) As part of the geotechnical assessment, the geotechnical specialist must—
(a) prepare or consider (as appropriate) the documents and particulars specified in Schedule 2; and
(b) consider the tips rules.
(3) A geotechnical assessment must include the geotechnical specialist’s conclusions on the following, together with reasons—
(a) the safety and stability of the tip, including whether the tip represents a significant hazard by way of instability or movement;
(b) where appropriate, whether any remedial work is required in relation to the tip and the date by which such work must be completed; and
(c) where appropriate, the date by which the next geotechnical assessment should take place, provided that, in the case of a tip that represents a significant hazard by way of instability or movement, that date is not more than two years after the date of the assessment.
(4) The geotechnical assessment must be recorded.
(5) The mine operator must ensure that any information available to the mine operator which may be relevant for the purposes of a geotechnical assessment is made available to the geotechnical specialist.
(6) The mine operator must ensure that any remedial works identified during the geotechnical assessment in accordance with paragraph (3)(b) are completed by the date specified.
63 Tips which are a significant hazard (notifiable tips)
(1) Where the geotechnical specialist concludes under regulation 62(3)(a) that a tip represents a significant hazard by way of instability or movement (in these Regulations referred to as a “notifiable tip”), the mine operator must ensure that the tip is subject to a further geotechnical assessment at least every two years.
(2) The mine operator must ensure that a geotechnical assessment is undertaken as soon as is reasonably practicable where, in relation to a notifiable tip, there is—
(a) any reason to suspect that there has been or will be a significant change to–
(i) the matters to which the geotechnical assessment relates, or
(ii) any neighbouring land which may be affected by movement by or instability of the tip; or
(b) any reason to doubt the validity of the conclusion of the current assessment.
The mine operator must ensure that sufficient records are kept of the nature, quantity and location of all substances accumulated or deposited at a notifiable tip to enable an accurate assessment of the stability of that tip to be made.
(1) Subject to paragraph (2), the mine operator must give not less than 30 days’ notice in writing to the Executive (or such other period as the Executive may permit) of the mine operator’s intention to commence or continue (as appropriate) operations in relation to any—
(a) proposed tip which it is reasonable to expect will be a significant hazard; or
(b) notifiable tip other than a notifiable tip which was a classified tip within the meaning of the 1971 Regulations and in respect of which notice has been given in accordance with regulation 8(1) of those Regulations.
(2) Paragraph (1)(b) does not apply to a tip in relation to which notice of intention to commence operations has been given previously.
(3) The notice referred to in paragraph (1) must be given—
(a) in the case of tips falling within paragraph (1)(a), before the commencement of operations; and
(b) in the case of tips falling within paragraph (1)(b), as soon as possible after the date on which the mine operator receives the geotechnical assessment.
(4) The following information must be included in any notice given under paragraph (1)—
(a) a brief description of the tip, including its location, size and the material to be excavated or tipped; and
(b) in relation to a tip falling within paragraph (1)(b), the geotechnical specialist’s conclusions under regulation 62(3).
(5) Where a geotechnical specialist concludes during the geotechnical assessment of a notifiable tip that the tip no longer presents a significant hazard by way of instability or movement, the mine operator must give notice in writing of that conclusion and the reasons for that conclusion to the Executive within two months of the geotechnical assessment.
(1) Rules required by regulation 12 must include rules (in these Regulations referred to as “tips rules”) for the purpose of ensuring the safe construction and operation of tips.
(2) Tips rules must in particular specify the following matters—
(a) the manner in which the activities referred to in paragraph (1) are to be carried out;
(b) the nature and extent of supervision of such activities; and
(c) the precautions to be taken during such activities to ensure the health and safety of any person and the safety and stability of a tip.
(1) Subject to regulation 4(8), from the date of a notice of abandonment of a mine any tip that is deemed to form part of that mine (in this regulation referred to as an “abandoned tip”) ceases to be a tip to which these Regulations apply.
(2) Despite paragraph (1), regulation 68 continues to apply in relation to every report or record made in relation to an abandoned tip.
(1) The mine operator must ensure that—
(a) every report or record which is required to be made under these Regulations is in a suitable form and is kept at the mine or at some other suitable place for at least three years from the date on which the report or record was made unless the provision concerned expressly imposes some other requirement; and
(b) a copy of the written statement of duties of all persons appointed at the mine under these Regulations is kept at the mine or at some other suitable place for at least 12 months after the date on which the appointment ceased to have effect.
(2) Paragraph (1)(a) applies to copies of information notified to the Executive under these Regulations but does not apply to the record made in accordance with regulation 5(3) by the owner.
(1) Where the mine operator gives a notice of abandonment, the mine operator must, within three months of the date on which the mine is abandoned or the tip is closed, send to the Executive, or a body approved by it, an accurate plan of that mine or tip (as the case may be).
(2) Where a plan has been sent to the Executive or a body approved by it under paragraph (1), that plan must be retained by the Executive or that body in accordance with arrangements approved by the Executive.
(1) Subject to paragraph (4), the Executive may, by a certificate in writing, exempt any mine, part of a mine or class of mines, any person or class of persons, any plant or equipment or class of plant or equipment, or any operation or class of operations from all or any of the requirements and prohibitions in these Regulations.
(2) An exemption granted under paragraph (1) may be—
(a) subject to conditions; and
(b) subject to a time limit.
(3) An exemption granted under paragraph (1) may be revoked at any time by a certificate in writing.
(4) The Executive may not grant an exemption under paragraph (1) unless it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it, having regard to the circumstances of the case and in particular to—
(a) the conditions (if any) it proposes to attach to the exemption; and
(b) any other requirements imposed by or under any enactment which apply to the case.
(1) Where enforcement action has been initiated against an owner, manager or employer in relation to a mine by the Executive before the commencement date, that action continues as if the action had been commenced against the mine operator on that date.
(2) Any action taken by the Executive or an inspector with respect to a mine in relation to any of the relevant statutory provisions in force before the commencement date continues to have effect in relation to the mine operator so that it is the duty of the mine operator to carry out any remedial actions or operations that the owner, manager or principal employer of employees at the mine was under an obligation to carry out or achieve immediately before the commencement date.
(3) A document prepared by the owner, manager or an employer at a mine and sufficient for the purposes of the provision in column 1 of table 1 in force immediately before the commencement date may be relied upon by the mine operator as evidence that an assessment, process, procedure or scheme required by the corresponding provision of these Regulations in column 2 of table 1 has been made or is in place.
Table 1
Column 1 | Column 2
Regulation 11(2) of MASHAM | regulation 15(1)(a)
Regulation 4(5)(a) of the Mines Miscellaneous Health and Safety Provisions Regulations 1995 | regulation 20(1)
Regulation 5 of the Mines (Control of Ground Movement) Regulations 1999 | regulation 32(3)
Regulation 6(5)(a) of the Mines (Precautions Against Inrushes) Regulations 1979 | regulation 35(2)(a)
Section 37(1) of the 1954 Act | regulation 42
Regulation 4(1) of the Coal Mines (Control of Inhalable Dust) Regulations 2007 | regulation 45(2)
Regulation 27(1) of MASHAM | regulation 58(1)
Regulation 10 of the 1971 Regulations | regulation 66(1)
(4) Where, immediately before the commencement date, anything is kept at a place other than a mine in accordance with the relevant statutory provisions, that place shall be deemed to be suitable for the purposes of these Regulations.
(5) In this regulation, references to enforcement action are to steps taken by an inspector under sections 20 to 22 and 25 of the 1974 Act in relation to a particular mine or to proceedings instituted under the 1974 Act in any court and requiring the owner, manager, employer or mine operator to do or not to do anything.
(1) A mine operator must carry out by 5th April 2016 the first appraisal of a tip that, immediately before the commencement date, was not classified within the meaning of regulation 2(1) of the 1971 Regulations.
(2) Where, before the commencement date, a report has been obtained in accordance with regulation 9(2)(a), 12(1) or 18(1) of the 1971 Regulations and is less than two years old, that report—
(a) must be treated as a geotechnical assessment for the purpose of regulation 62; and
(b) remains valid for two years from the date on which it was made.
(1) Where explosives were being stored below ground at Winsford mine in accordance with the Winsford Regulations immediately before the commencement date, the mine operator of that mine on the commencement date is deemed to hold a licence granted by the Executive under regulation 13 of the 2014 Regulations (the “deemed licence”).
(2) The requirements set out in regulations 4(2) to (4), 6, 7, 7(a) and 9(1) to (5) and (7) of the Winsford Regulations have effect as if they were conditions of the deemed licence and as if references to the mine manager in those regulations were references to the mine operator.
(3) The deemed licence remains in force until 6th April 2020 unless it is revoked before that date under regulation 23 of the 2014 Regulations.
(4) In this regulation—
(a) “Winsford mine” means the Winsford Rock Salt Mine, Winsford, Cheshire (formerly known as the Meadow Bank Mine); and
(b) “Winsford Regulations” means the Meadow Bank Mine (Explosives) Special Regulations 1963.
(1) The provisions of the Acts specified in column 1 of Schedule 3 are repealed to the extent set out in the corresponding entry in column 2.
(2) The instruments specified in Part 1 of Schedule 4 are revoked in full.
(3) The instruments specified in column 1 of Part 2 of Schedule 4 are revoked to the extent specified in the corresponding entry in column 2.
(1) Before the end of the review period, the Secretary of State must—
(a) carry out a review of these Regulations;
(b) set out the conclusions of the review in a report; and
(c) publish the report.
(2) In carrying out the review, the Secretary of State must, so far as is reasonably practicable, have regard to how other member States have implemented Council Directive 1992/104/EEC on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries, which regulations 7, 9 to 17, 19, 20, 22, 23, 25, 26, 28, 29, 32 to 34, 37, 39, 41 to 43, 45 to 50, 53, 55 to 57, 59, 60 and 69 implement.
(3) The report must, in particular,—
(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;
(b) assess the extent to which those objectives are achieved; and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) In this regulation, “review period” means the period of five years beginning with the commencement date.
SCHEDULE 1 Support System Standards for Coal Mines
Regulation 32(7)
1 In the case of face workings where props are used—
(a) the maximum distance between props in the same row must be 1.2 metres;
(b) the maximum distance between adjacent rows of props must be 1.2 metres;
(c) the sum of the distances between the props in the same row and between adjacent rows of props must not exceed 2.1 metres;
(d) the bars must always be used above the props where the extracted height exceeds 0.6 metres; and
(e) the maximum distance between the row of props closest to the face and the face must be—
(i) where an armoured conveyor is used and persons do not normally work on the face side of the conveyor, 2 metres; and
(ii) in all other cases when filling or loading at the face has been completed, 0.9 metres.
2 In the case of face workings where bars are used—
(a) the maximum distance between adjacent bars in the same row must be 1.2 metres; and
(b) bars must be advanced as soon as practicable after extraction and set so that the maximum distance between the end of the bar closest to the face and the face is 0.4 metres.
3 In the case of workings where powered supports are used—
(a) such supports must be advanced as soon as practicable after extraction and set so that the maximum distance between the end of the beam closest to the face and the face is 0.5 metres;
(b) during normal production at any place where a machine is used which shears mineral to a depth exceeding 0.4 metres, the machine must not be permitted to approach within 27 metres of any powered support which has not been advanced from the previous cut; and
(c) where an immediate forward support system is used, the supports must be advanced—
(i) as close as practicable behind the coal-getting machine, and
(ii) in any event, no more than 10 metres behind the coal-getting machine.
4 For the purpose of paragraph 3—
(a) “powered support” means a support which is advanced and set to the roof by mechanical energy;
(b) “beam” means that part of a powered support system designed to be set to the roof; and
(c) “immediate forward support system” means a system of supports designed to be advanced and set to the roof immediately after extraction by a coal-getting machine.
5 In the case of face workings where packs are used—
(a) the maximum width of roof exposed by the working of mineral since the completion of the last pack must be 2.1 metres; and
(b) the waste edge parallel to the face must be no more than 1.5 metres in advance of the front line of pack bounding that waste.
6 In the case of face workings where persons work or pass more than 0.9 metres beyond the front row of props or other supports, temporary supports must be used and no person may work more than 0.9 metres from a temporary support.
7 In this Schedule, “face working”—
(a) in relation to a working face at which supports are systematically withdrawn, means all that part of the mine between the face and the front line of the packs, if any, or the last row of supports for the time being maintained, whichever is the further from the face; and
(b) in relation to a working face at which supports are not systematically withdrawn, means all that part of the mine between the face and a line parallel to it and 3.7 metres from it.
8 In the case of roadways where props and bars are used as the principal support—
(a) the maximum distance between adjacent bars must be 1.2 metres;
(b) the minimum number of props per bar must be 2; and
(c) the maximum distance from the last bar to the face must be 3.5 metres.
9 In the case of roadways where steel arches are used as the principal support—
(a) the maximum distance between adjacent arches must be 1.2 metres; and
(b) the maximum distance between the last arch before the face and the face must be 3.5 metres.
10 In the case of roadways where rockbolts are used as the principal support—
(a) the minimum density of rockbolts in the roof must be 1 bolt per square metre;
(b) the minimum length of rockbolt in the roof must be 1.8 metres; and
(c) the maximum distance between the last completed row of rockbolts and the face must be 3.5 metres.
11 In the case of roadways where machines are used to cut and simultaneously load, the maximum advance per cycle of any such machine must be 1.2 metres.
12 In the case of roadways where persons work or pass in front of the last permanent support—
(a) temporary supports must be used; and
(b) the maximum distance between the last permanent support and the first line of temporary supports must be 1.2 metres, except where props are used, when that distance must be 0.9 metres.
13 For the purpose of this Schedule, “bar” means a support designed to be set between a prop and the roof.
Regulation 62(2)
Site survey
1 An accurate plan, which should be prepared on a scale not less detailed than 1:2500, showing—
(a) the boundaries of the mine or premises on which the mine or tip, or proposed mine or tip, is or is to be situated;
(b) the site of the mine or tip, or proposed mine or tip;
(c) any contiguous land or structures which might be affected by the mine or the tip or proposed mine or tip; and
(d) all mine workings (whether abandoned or not), buried quarry workings, known cave systems, active or former landslips, springs, artesian wells, watercourses and other natural or manmade features including tunnel pipes or culverts which might affect the safety of the mine or tip, or proposed mine or tip, or which might be relevant for the purpose of determining whether mining or tipping operations can be carried out safely,
which plan must be contoured to Ordnance Datum Newlyn at a vertical interval not greater than 5 metres and orientated to and correlated with the Ordnance Survey National Grid and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey sheets on the scale of 1:2500.
Site investigation
2 A record of all relevant site investigation information including surveys, tests, boreholes and groundwater measurements made for the purpose of the geotechnical assessment together with the results of any testing including the strength of materials within and beneath the tip or within the excavated slope. The record must include any known historical information relevant to the site investigation.
Cross-sections based on site investigations
3 Sufficient accurate cross sections on a scale not less detailed than 1:1250 of the site of the tip or proposed tip showing the existing ground surface and all relevant superficial materials and bedrock underlying the site and—
(a) any variation in the thickness, level or character of the superficial deposits and bedrock materials based on the site investigation; and
(b) the position of any surface whether natural or manmade which may affect the safety of the tip or proposed tip.
Plans based on site investigation
4 Plans showing the position of all boreholes, wells and trial pits used in the site investigation and the location and levels of all materials and surfaces which may affect the safety of the tip or proposed tip.
Assumptions made before analysis
5 A record of any assumptions relevant to the assessment of ground conditions relating to the safety of the tip made by the geotechnical specialist, including a record of any relevant information which was not available when undertaking the assessment.
Findings of analysis
6 A record of the calculations carried out in order to determine the safety of the tip, including any variables or parameters used in those calculations and the reasons for using them, and the findings of those calculations expressed as the factor of safety or the probability of failure or other recognised basis of assessing stability.
Design coming out of analysis
7 An accurate plan on a scale not less detailed than 1:2500 recording, in relation to tips or proposed tips, the design of the tip, including the area of land covered or to be covered, the gradients of that land, the designed contours at vertical intervals of not more than 2 metres, the side slopes and boundaries of the tip and the designed position and nature of construction of any wall or other structure retaining or confining the tip.
Requirements during and after construction
8 A record of—
(a) the nature and extent of the inspection, supervision and safety measures necessary to ensure the safety of the tip;
(b) a specification of necessary engineering works and safety measures; and
(c) the action to be taken regarding defects specified in the report.
Regulation 74(1)
PART 1
Enactment | Extent of repeal
Mines and Quarries Act 1954
Section 19 | In full
Section 28 | In full
Section 30 | In full
Sections 36 and 37 | In full
Sections 39 to 46 | In full
Sections 55 and 56 | In full
Sections 58 and 59 | In full
Sections 61and 62 | In full
Sections 64 to 67 | In full
Section 69 | In full
Sections 73 and 74 | In full
Section 79 | In full
Sections 83 and 84 | In full
Sections 86 and 87 | In full
Sections 94 and 95 | In full
Section 97 | In full
Section 123 | In full
Section 137 | In full
Section 141 | Subsection (5)
Section 143 | In full
Section 150 | In full
Section 170 | In full
Section 171 | In full
Section 174 | In full
Schedule 3 | In full
Mines and Quarries (Tips) Act 1969
Sections 1 to 7 | In full
Section 10 | In full
Schedule 1 | In full
Health and Safety at Work etc. Act 1974 | The entry relating to the Mines and Quarries (Tips) Act 1969 in Schedule 1
PART 2
Enactment | Extent of repeal
Tribunals and Inquiries Act 1992 | The entry relating to mines and quarries in Part 1 of Schedule 1
Judicial Pensions and Retirement Act 1993 | Section 26(8)(b)
Constitutional Reform Act 2005 | The entries relating to section 150 of the Mines and Quarries Act 1954 in Table 1 of Part 3 of Schedule 14
Tribunals, Courts and Enforcement Act 2007 | The entry relating to section 150 of the Mines and Quarries Act 1954 in Part 4 of Schedule 6