Section 91B: Mine operators to give the appropriate agency six months' notice of any proposed abandonment., Water Resources Act 1991

If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to the appropriate agency at least six months before the abandonment takes effect.

A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator's opinion as to any consequences of the abandonment.

A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable—

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

A person shall not be guilty of an offence under subsection (3) above if—

the abandonment happens in an emergency in order to avoid danger to life or health; and

notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened.

Where the operator of a mine is—

the official receiver acting in a compulsory capacity, or

the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016),

he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as reasonably practicable (whether before or after the abandonment), he gives to the appropriate agency notice of the abandonment or proposed abandonment, containing such information as may be prescribed.

Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.

Where the appropriate agency—

receives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and

considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the Environmental Protection Act 1990,

it shall be the duty of the appropriate agency to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment.

In this section—

"the initial period" means the period of six months beginning with the day on which subsection (1) above comes into force;
"local authority" means—
(a)any unitary authority;
(b)any district council, so far as it is not a unitary authority;
(c)the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively;
"unitary authority" means—
(a)the council of a county, so far as it is the council of an area for which there are no district councils;
(b)the council of any district comprised in an area for which there is no county council;
(c)the council of a London borough;
(d)the council of a county borough in Wales.

Section 91B: Mine operators to give the appropriate agency six months' notice of any proposed abandonment.

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