Part II MODIFICATIONSI1

For sub-paragraph (b) of paragraph (1) substitute the following sub-paragraph—

“(b)

(i)

manager, in relation to a mine within the meaning of the Mines and Quarries Act 1954, and

(ii)

operator, in relation to a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, to ensure that all requirements or prohibitions imposed by or under these Regulations are complied with in so far as they relate to the mine of which he is the manager or quarry of which he is the operator and to matters which are within his control.”.

In paragraph (1) in the definition of “user”, omit the words “a mine or any part of a quarry (both within the meaning of section 180 of the Mines and Quarries Act 1954), it means the manager for the time being of that mine or that part of the quarry” and substitute the following words—

“(a)

a mine within the meaning of section 180 of the Mines and Quarries Act 1954 it means the manager for the time being of that mine;

(b)

a quarry within the meaning of regulation 3 of the Quarries Regulations 1999 it means the operator for the time being of that quarry.”.

In paragraph (1), omit the definition of “quarry” and substitute the following definition—

• ““quarry” means a quarry within the meaning of the Quarries Regulations 1999;”.

Omit paragraph (4) and substitute the following paragraph—

“Duties under these Regulations imposed on the operator shall also be imposed upon—

(a)

in a mine within the meaning of section 180 of the Mines and Quarries Act 1954, the manager; and

(b)

in a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, the operator,

in so far as those duties relate to the mine or part of the mine of which he is the manager or the quarry of which he is the operator and to matters under his control.”.

In paragraph (1), omit the definitions of “mine” and “quarry” and insert the following definitions—

• ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;”. and

• ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”.

In paragraph (1), omit the definitions of “mine” and “quarry” and substitute the following definitions—

• ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and

• ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”.

In paragraph (2), omit the definitions of “mine” and “quarry” and substitute the following definitions—

• ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and

• ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”

In paragraph (1), omit the definitions of “mine” and “quarry” and substitute the following definitions—

• ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and

• ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”

In paragraph (1), omit the definition of “quarry” and substitute the following definition—

• ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”.

In paragraph 1, omit the words “section 139(2) of the Mines and Quarries Act 1954” and substitute the following—

“regulation 45(1) of the Quarries Regulations 1999”.

For sub-paragraph (a) of paragraph (4), substitute the following sub-paragraph—

“(a)

(i)

a mine within the meaning of the Mines and Quarries Act 1954 or any place deemed to form part of a mine for the purposes of that Act, or

(ii)

a quarry within the meaning of the Quarries Regulations 1999 or any place deemed to form part of a quarry for the purposes of those Regulations.”

In paragraph (1), omit the definitions of “mine” and “quarry” and substitute the following definitions—

• ““mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;” and

• ““quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;”