N.I.

INTRODUCTORYN.I.

Title and commencementN.I.

1.-(1) This Order may be cited as the Quarries (Northern Ireland) Order 1983.

(2) This Order shall come into operation on the expiration of three months from the day on which it is made.

InterpretationN.I.

2.-(1) The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order-

"agent" means any person having, on behalf of the owner or occupier, care or direction of any quarry, or of any part of it;

"child" means a person under the age of 14;

"Department" means the Department of Economic Development;

[F2"the Executive" means the Health and Safety Executive for Northern Ireland;]

"inspector" means an inspector appointed by[F2 the Executive] under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978F3 for carrying into effect the provisions of this Order;

"machinery" includes any driving strap or band;

"occupier" means, in relation to any quarry, any person other than the owner who, for the time being, is in actual use and occupation of a quarry, or of any part of it, for the purpose of getting minerals from it;

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

"owner" means, in relation to any quarry, any person who is the immediate proprietor or the lessee of the quarry or of any part of it, but does not include a person who merely receives a royalty, rent or fine from a quarry, or is merely the proprietor of a quarry subject to any lease, grant or licence for the working of it, or is merely the owner of the soil and not interested in the minerals of the quarry;

"prescribed" means prescribed for the time being by the Department;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

"quarry" means every place which is an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, not being by means wholly or substantially involving the employment of persons below ground and not being merely a well or borehole or a well and borehole combined;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

"young person" means a person who has ceased to be child, and who is under the age of 18.

(3) For the purposes of this Order there shall, subject to paragraph (4), be deemed to form part of a quarry so much of the surface (including buildings, structures and works on the surface) surrounding or adjacent to the quarry as is occupied together with the quarry for the purpose of, or in connection with, the working of the quarry, the treatment, preparation for sale, consumption or use, storage or removal from the quarry of the minerals or products of the minerals gotten from the quarry or the removal from the quarry of the refuse of the quarry.

(4) For the purpose of this Order there shall not be deemed to form part of a quarry premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the quarry or the preparation for sale of minerals gotten from the quarry.

(5) For the purposes of this Order premises for the time being used for depositing refuse from a single quarry, being premises exclusively occupied by the owner of that quarry shall be deemed to form part of that quarry, and premises for the time being used for depositing refuse from 2 or more quarries, being premises occupied by the owner of one of those quarries (either exclusively or jointly with the owner of the other or any of the others) shall be deemed to form part of such one of those quarries as[F2 the Executive] may direct.

(6) For the purposes of this Order a railway line or siding serving a single quarry (not being a railway line or siding falling within paragraph (3) or part of a railway within the meaning of the Railway Employment (Prevention of Accidents) Act, 1990F5) shall be deemed to form part of that quarry and a railway line or siding jointly serving 2 or more quarries (not being a railway line or siding falling within paragraph (3) or a railway within the meaning of that Act of 1900) shall be deemed to form part of such one of them as[F2 the Executive] may direct.

(7) For the purposes of this Order-

(a)any dock, wharf, quay or landing stage adjacent to and belonging to a quarry and used for the purposes of, or in connection with the quarry, and

(b)a conveyor or aerial ropeway provided for the removal from a quarry of minerals gotten from, or refuse from the quarry,

shall be deemed to form part of the quarry.

(8) For the purposes of this Order-

(a)the working of a quarry shall be deemed to include the operation of removing overburden at the quarry;

(b)a quarry shall be deemed to be worked notwithstanding that the only operations carried on at the quarry are operations carried on with a view to abandoning the quarry or for the purpose of removing, or of preventing the flow from the quarry of, water or material that flows when wet, but shall not be deemed to be worked by reason only that pumping operations are carried on at the quarry for the purpose of supplying water to any person.

(9) For the purposes of section 42 of the Northern Ireland Constitution Act 1973F6 (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

Provisions as to safetyN.I.

General provisions as to safetyN.I.

3. F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art. 4 rep. by SR 1990/374

General provisions as to machineryN.I.

5. F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art. 6 rep. by SR 1991/471

Restrictions on dangerous operations in quarriesN.I.

7. F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Observance of directionsN.I.

8. F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations of tips and fencing of quarriesN.I.

Regulation of tipsN.I.

9. F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fencing of quarriesN.I.

10.-(1) For the purposes of section 107 of the Public Health (Ireland) Act 1878F12, a quarry (whether in course of being worked or not) shall be deemed to be a nuisance liable to be dealt with summarily in manner provided by that Act 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 sections 107 to 127 of the Public Health (Ireland) Act 1878, 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 nuisance under paragraph (1) or in reimbursing a district council in respect of the abatement, or prevention of the recurrence, of such a 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.

Provisions as to employmentN.I.

Employment of children and young personsN.I.

11.-(1) A child shall not be employed in a quarry or about the business of a quarry.

(2) A young person under the age of 16 taken into any employment in a quarry in which machinery is used shall not remain in that employment for more than 14 days unless within that period he has been examined by a registered medical practitioner and certified by him to be fit for that employment.

Provisions as to wagesN.I.

12. F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art. 13 rep. by 1990 NI 2

MiscellaneousN.I.

Affixing of abstract of Order and noticesN.I.

14. F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General registers and recordsN.I.

15. F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of commencement, etc., to DepartmentN.I.

16. F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of change of ownership, occupancy or name of quarryN.I.

17. F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Returns by owners, occupiers or agents of quarriesN.I.

18.-(1) The owner, occupier or agent of every quarry shall, on or before 1st February in every year, send to the Department a correct return in the prescribed form specifying, with respect to such quarry for the year ending on the preceding 31st December, the quantity in statute weight and the name of the mineral produced or gotten during that year, the value or selling price of the mineral in the condition in which it leaves the quarry and the number of persons ordinarily employed in the quarry.

Para. (2) rep. by SR 1997/455

Special accident reports by inspectorN.I.

19. F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal proceedingsN.I.

OffencesN.I.

20.-(1) Subject to paragraph (2), any person who contravenes any of the provisions of Articles F19. . . 10 and 11 shall be guilty of an offence.

(2) In the event of a contravention of any of the provisions mentioned in paragraph (1), the owner, occupier and agent of the quarry, as well as the person mentioned in that paragraph, shall each be guilty of an offence unless he proves that he had taken all reasonable means by publishing, and to the best of his power enforcing, those provisions to prevent that contravention.

(3) F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where Article F23. . . 18 is contravened the owner, occupier or agent of the quarry shall be guilty of an offence.

(7) F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defence available to owners, occupiers and agentsN.I.

21. In any proceedings under this Order against the owner, occupier, or agent of a quarry in respect of an offence it shall be a defence for the person charged to prove-

(a)that he was not in the habit of taking, and did not in respect of the matters in question take, any part in the management of the quarry; and

(b)that the offence was committed without his knowledge, consent or connivance.

Restriction on institution of proceedingsN.I.

22.-(1) Summary proceedings for an offence under this Order shall not be instituted against the owner, occupier or agent of a quarry except by an inspector or with the consent in writing of[F28 the Executive].

(2) Where an owner, occupier or agent of a quarry proves that he had taken all reasonable means to prevent the contravention of any of the provisions of [F29Articles 10 and 11], an inspector, if satisfied that the owner, occupier or agent had taken all such reasonable means, shall not institute any prosecution in respect of an offence under Article 20 (2) or (5).

Proceedings against persons other than owner, etc.N.I.

23. Where, under this Order, any person is substituted for the owner, occupier, or agent, with respect to any provisions of this Order, any order, summons, notice or proceeding which, for the purpose of any of those provisions, is by this Order required or authorised to be served on, or taken in relation to, the owner, occupier, or agent shall be served on, or taken in relation to, that person.

Prosecution by inspectorsN.I.

24. An inspector, if authorised in that behalf in writing by[F30 the Executive], may, although he is not of counsel or a solicitor, prosecute, conduct or defend before a court of summary jurisdiction any information complaint or other proceeding arising under this Order or in the discharge of his duty as inspector.

Extension of time for bringing summary proceedingsN.I.

25.-(1) Where with respect to, or in consequence of, any accident in a quarry-

(a)a report is made-

(i)by the inspector directed to make a special report under this Order, or

(ii)by the court appointed to hold a formal investigation, or

(b)a coroner's inquest is held,

and it appears from the report or from proceedings at the inquest that any of the provisions of this Order, or any rules made under this Order, was contravened at or before the time of the accident, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within 3 months after the making of the report or the conclusion of the inquest.

(2) Where an offence under this Order is committed by reason of a failure to do something at or within a time specified by or under this Order, the offence shall be deemed to continue until the thing is done.

EvidenceN.I.

26. In any proceedings under this Order-

(a)it shall be sufficient to allege that the quarry is a quarry within the meaning of this Order;

(b)it shall be sufficient to state the name of the ostensible owner or occupier of the quarry, or the title of the firm or company;

(c)the court shall, if required by either party, cause minutes of the evidence to be taken and preserved.

Power of court to adjournN.I.

27. If the court, before whom a person is charged with an offence under this Order, thinks that proceedings ought to be taken against that person for an offence under any other Act or otherwise, the court may adjourn the case to enable such proceedings to be taken.

SupplementalN.I.

Mode of service of documentsN.I.

28.-(1) In addition to any method of service permitted by section 24 of the Interpretation Act (Northern Ireland) 1954, any document required or authorised by this Order to be served on any person may be served-

(a)where the person is a firm, by delivering it to any partner of the firm, or by leaving it at, or sending it by post to, the office of the firm;

(b)where the person is the owner or occupier of a quarry, by delivering it, or a true copy of it, to his agent.

(2) For the purpose of accepting delivery of any document or copy served under this Article any person in a quarry shall be deemed to be the agent of the occupier of the quarry.

(3) The provisions of the said section 24 and paragraphs (1) and (2) of this Article shall apply to the service of any summons or order as they apply to the service of a document.

Article 29-Amendments and repeals

N.I.

Schedule 1-Amendments

N.I.

Schedule 2-Repeals