ST DECEMBER 1927] 4P ART I

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ST DECEMBER 1927] 4P ART I - SECT 29



29.[(1) This Act shall apply to every place (in this Act referred to as a
"quarry") 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.

(2) For the purposes of this Act there shall, subject to sub-section (3), be
deemed to form part of a quarry so much of the surface (including buildings,
structures and works thereon) 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 thereof
gotten from the quarry or the removal from the quarry of the refuse thereof.

(3) For the purposes of this Act 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 therefrom.

(3A) For the purposes of this Act 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 two 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 the
Ministry of Commerce may direct.

(3B) For the purposes of this Act a railway line or siding serving a single
quarry (not being a railway line or siding falling within sub-section (2) or
part of a railway within the meaning of the
Railway Employment (Prevention of Accidents) Act, 1900) shall be deemed to
form part of that quarry and a railway line or siding jointly serving two or
more quarries (not being a railway line or siding falling within sub-section
(2) or a railway within the meaning of the
Railway Employment (Prevention of Accidents) Act, 1900) shall be deemed to
form part of such one of them as the Ministry of Commerce may direct.

(3C) For the purposes of this Act

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

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

[(3D) For the purposes of this Act

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

(b)a quarry shall be deemed to be worked notwithstanding that the only
operations carried on thereat are operations carried on with a view to
abandoning the quarry or for the purpose of removing, or of preventing the
flow therefrom 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
thereat for the purpose of supplying water to any person.]

Subs.(4) rep. by 1980 NI11 art.64(2) sch.9

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Northern Irish Legislation

ST DECEMBER 1927] 4P ART I - SECT 29