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MINES ACT (NORTHERN IRELAND) 1969 - SECT 130



130.(1) In the event of a contravention, in relation to a mine, of

(a)a provision of this Act, of an order made thereunder or of regulations, not
being a provision which expressly provides that a person is to be guilty of an
offence; or

(b)a direction, prohibition, restriction or requirement given or imposed by a
notice served under or by virtue of this Act by the Ministry or an inspector;
or

(c)a condition attached to an exemption, consent, approval or authority
granted or given under or by virtue of this Act by the Ministry;

[(d)a requirement or prohibition imposed by or under
health and safety regulations which expressly apply to all mines, any class of
mine to which the mine belongs or the mine;]

(2) In the event of a contravention, in relation to a mine, by a person other
than one mentioned in subsection (1), of such a provision as is mentioned in
paragraph (a) of that subsection, [or such a requirement or prohibition as is
mentioned in paragraph (d) of that subsection, whereby there is expressly
imposed on that person or on persons of a class to which he belongs a duty or
requirement or he or persons of a class to which he belongs or all persons are
expressly prohibited] from doing a specified act, the person who contravened
that provision, as well as the persons mentioned in subsection (1), shall be
guilty of an offence.

(3) Neither the manager of a mine as such nor a person who is for the time
being treated for the purposes of this Act as the manager of a mine, nor an
under-manager of a mine, nor a person who is for the time being treated for
the purposes of this Act as such an under-manager shall, by virtue of
subsection (1), be guilty of an offence by reason of a contravention by the
owner of the mine of

(a)any provision of this Act, of an order made thereunder or of regulations,
being a provision which expressly imposes on the owner of the mine a duty or
requirement or a prohibition; or

(b)any prohibition, restriction or requirement which, by virtue of a notice
served under or by virtue of this Act by the Ministry or an inspector, is
expressly imposed on the owner of the mine; [or

(c)any requirement or prohibition expressly imposed by or under such
health and safety regulations as are mentioned in paragraph (d) of subsection
(1) of this section on the owner of the mine;]

Supplementary provisions as to offences.



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© 1969 Crown Copyright

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