Article 10 Fencing of quarries

Northern Ireland

(1)

For the purposes of F1Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011, a quarry (whether in course of being worked or not) shall be deemed to be a F2statutory nuisance liable to be dealt with summarily in manner provided by F3that Part if—

(a)

it is not provided with an efficient and properly maintained barrier so designed and constructed as to prevent any person from accidentally falling into the quarry, and

(b)

by reason of its accessibility from a highway or a place of public resort, it constitutes a danger to members of the public.

(2)

Any expenses incurred, by reason of the operation of F4Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011, by a person other than the owner or occupier (as defined for the purposes of this Order) of a quarry for the purpose of abating, or preventing the recurrence of, a F5statutory nuisance under paragraph (1) or in reimbursing a district council in respect of the abatement, or prevention of the recurrence, of such a statutory nuisance shall, subject to any agreement to the contrary, be recoverable by that person from the owner or occupier (as so defined) of the quarry.

Annotations

Textual amendments

F1: Words in art. 10(1) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 11(a)(i); S.R. 2012/13, art. 2(2), Sch. 2
F2: Words in art. 10(1) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 11(a)(ii); S.R. 2012/13, art. 2(2), Sch. 2
F3: Words in art. 10(1) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 11(a)(iii); S.R. 2012/13, art. 2(2), Sch. 2
F4: Words in art. 10(2) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 11(b)(i); S.R. 2012/13, art. 2(2), Sch. 2
F5: Words in art. 10(2) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 11(b)(ii); S.R. 2012/13, art. 2(2), Sch. 2