Part II AMENDMENTSI1

For sub-paragraphs (b) and (c) of paragraph (1) there shall be substituted the following sub-paragraph—

“(b)

(i)

manager, in relation to a mine within the meaning of the Mines Act (Northern Ireland) 1969; and

(ii)

operator, in relation to a quarry within the meaning of regulation 3 of the Quarries Regulations (Northern Ireland) 2006,

to ensure that all requirements and 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 the quarry of which he is the operator, as the case may be, and to matters which are within his control.”

In paragraph (1), for the definition of “quarry” there shall be substituted the following definition—

‘ “quarry” means a quarry within the meaning of the Quarries Regulations (Northern Ireland) 2006;’.

In paragraph (1)—

the definition of “the 1983 Order” shall be omitted;

in the definitions of “active tip”, “closed tip” and “tip”, paragraph (b) shall be omitted;the definition of “owner” shall be omitted;

in the definition of “the person having responsibility for a tip”, sub-paragraph (a) shall be omitted; and

in the definition of “tipping operations”, the words “or quarry” shall be omitted.

In paragraph (2)—

the words “or quarry” shall be omitted wherever they occur;

in sub-paragraph (a), the words “or as the case may be, the 1983 Order” shall be omitted;

in sub-paragraph (b), the words “or the 1983 Order”, “respectively” and “or Order” shall be omitted; and

in sub-paragraph (c), the words “or quarries” shall be omitted where they twice occur.

In paragraph (3), the words “and the 1983 Order in relation to quarries” shall be omitted.

In paragraph (1), the words “and of the owner and of the agent of every quarry” shall be omitted.

In paragraph (2)—

the words “, and the agent of a quarry as such shall not be guilty of an offence by virtue of Article 20(2) of the 1983 Order” shall be omitted;

for the word “provides” there shall be substituted the word “provide”;

for the word “they” there shall be substituted the word “he”;

the words “or quarry” shall be omitted;

in sub-paragraph (a), the words “the 1983 Order,” and “or Order” shall be omitted; and

in sub-paragraphs (b) and (c), the words “, the 1983 Order” shall be omitted wherever they appear.

In paragraph (4), the words “or quarry” shall be omitted.

In paragraph (5), the words “or quarry” and “or, as the case may be, the agent of the quarry” shall be omitted.

In paragraph (6), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

In paragraph (1), the words “and of the owner of every quarry” shall be omitted.

In paragraph (2), the words “and quarry” shall be omitted and for the words “, Regulations made under section 128 of the 1969 Act or Rules made under Article 9 of the 1983 Order” there shall be substituted the words “or Regulations made under section 128 of the 1969 Act”.

In paragraphs (1), (2), (5) and (6), the words “or quarry” shall be omitted.

In paragraph (3), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

In paragraph (1), the words “or quarry” shall be omitted wherever they occur and the words “or the owner of the quarry” shall be omitted.

In paragraphs (2) and (3), the words “or quarry” shall be omitted wherever they occur.

In paragraph (4), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

In paragraph (1), the words “or quarry” shall be omitted wherever they occur and the words “or, as the case may be, the owner of the quarry” shall be omitted.

In paragraph (3), the words “or, as the case may be, the owner of the quarry concerned,” and “or owner” shall be omitted.

In paragraph (4), sub-paragraphs (b), (c), (d) and (e) shall be omitted.

In paragraph (7), for the words “, Regulations made under the 1969 Act or Rules made under the 1983 Order” there shall be substituted the words “or Regulations made under the 1969 Act”.

In paragraph (8), the words “or quarry” shall be omitted wherever they occur and the words “and the owner of every quarry” shall be omitted.

In paragraph (9), the words “or the owner of a quarry” and “or quarry” shall be omitted.

The words “or quarry” shall be omitted wherever they occur.

In paragraph (a), the words “or, as the case may be, the owner of the quarry” and “or, as the case may be, by the owner of the quarry” shall be omitted.

In paragraph (1), the words “or quarry” shall be omitted wherever they occur and the words “or, as the case may be, of the owner of the quarry” shall be omitted.

In paragraph (2), the words “or the owner of the quarry”, “or owner” and “or quarry” shall be omitted.

For the definition of “quarry” there shall be substituted the following definition—‘ “quarry” means a quarry within the meaning of regulation 3 of the Quarries Regulations (Northern Ireland) 2006’.

The following definition shall be inserted—

‘ “operator” in relation to a quarry has the meaning assigned to it by the Quarries Regulations (Northern Ireland) 2006;’.

In the definition of “owner”, paragraph (c) shall be omitted.

In sub-paragraph (a)(ii) of the definition of “responsible person”, for the words “owner, occupier or agent” there shall be substituted the word “operator” and in paragraph (a)(iii), the words “or quarry” shall be omitted.

In the heading, the words “and quarries” shall be inserted at the end.

After the words “relating to mines” there shall be inserted the words “or quarries”.

In the heading the words “or quarries” shall be inserted at the end.

In paragraph 1, after the words “In this Schedule—” there shall be inserted the following definition:

• “ “appropriate person” means—

  1. (a)

     in the case of a mine, the responsible person;

  2. (b)

     in the case of a quarry, the responsible person or a person appointed in the management structure of that quarry established pursuant to regulation 8(1) of the Quarries Regulations (Northern Ireland) 2006.”

In F1paragraph (a) of the definition of “nominated person”, after the words “at a mine” there shall be inserted the words “or quarry”.

In paragraph 2, after the words “at a mine” there shall be inserted the words “or quarry”.

In paragraph 3, after the words “at a mine” there shall be inserted the words “or quarry”.

In paragraph 4(1)(b), after the words “Mines Act (Northern Ireland) 1969” there shall be inserted the words “or, as the case may be, regulation 34 of the Quarries Regulations (Northern Ireland) 2006”.

In paragraph 4(3)(a)(ii), after the words “at the mine” there shall be inserted the words “or quarry”.

In paragraph 4(5), after the words “of the mine” there shall be inserted the words “or quarry”.

In paragraph 5(b), after the words “Mines Act (Northern Ireland) 1969” there shall be inserted the words “or, as the case may be, regulation 34 of the Quarries Regulations (Northern Ireland) 2006”.

In paragraph (1), for the definition of “quarry” there shall be substituted the following definition—

‘ “quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations (Northern Ireland) 2006;’.

For paragraph (3) there shall be substituted the following paragraph—

“(3)

Duties under these Regulations imposed upon the employer shall also be imposed upon the operator of a quarry (within the meaning of regulation 3 of the Quarries Regulations (Northern Ireland) 2006) in so far as those duties relate to the quarry or part of the quarry of which he is the occupier and to matters under his control.”