Section 18 Colliery spoilbanks.C2

Subject to the provisions of subsection (3) of this section, the owner of a mine or quarry from which coal or shale has been, is being or is to be got shall employ all practicable means for preventing combustion of refuse deposited from the mine or quarry and for preventing or minimising the emission of smoke and fumes from the refuse and if he fails so to do, he shall be guilty of an offence.

Subject to the provisions of subsection (3) of this section, neither F1the provisions of Part III of the Environmental Protection Act 1990, nor any provision of this Act other than subsection (1) of this section shall apply in relation to smoke, grit or dust from the combustion of refuse deposited from any such mine or quarry as is mentioned in the said subsection (1).

Subsections (1) and (2) of this section shall not apply to any deposit of refuse deposited from a mine or quarry before the passing of this Act if, at the time of the passing of this Act, the deposit is no longer in use as such and is not under the control of the owner of the mine or quarry.

In this section, “mine”, “quarry” and “owner” have the same meanings as in the M1Mines and Quarries Act 1954.

In the application of this section to Scotland, subsection (2) shall have effect as if for the reference to F2the provisions of Part III of the Environmental Protection Act 1990, there were substituted a reference to section sixteen of the M2Public Health (Scotland) Act 1897.