§ (1) Where any mine is abandoned or the working thereof discontinued, at whatever time the abandonment or discontinuance occurred, it shall be the duty of the owner thereof, and of every other person interested in the minerals of the mine, to cause the top of every shaft and outlet to be kept securely fenced for the prevention of accidents:
§ Provided that—
- (i.) Subject to any contract to the contrary, the owner of the mine shall, as between himself and any other person interested in the minerals of the mine, be liable to carry this Section into effect, and to pay any costs,
1441 charges, and expenses incurred by any other person interested in the minerals of the mine in carrying this Section into effect: - (ii.) Nothing in this Section shall exempt any person from any liability under any other Act, or otherwise.
§ (2) No person shall be precluded by any agreement or otherwise from doing, or be liable to any injunction, damages, penalty, or forfeiture in respect of, such acts as may be necessary in order to comply with the provisions of this Section.
§ (3) Any shaft or outlet which is not fenced as required by this Section shall be deemed to be a nuisance within the meaning of Section ninety-one of the Public Health Act, 1875.
§ Amendments made: In Sub-section (1), after the word "top," insert the words "or entrance."
§ Leave out the words "securely fenced for the prevention of accidents," and insert instead thereof the words "surrounded by a structure of a permanent character sufficient to prevent accidents."
§ In Sub-section (3), leave out the word "fenced," and insert instead thereof the words "kept surrounded by a structure."—[Mr. Masterman.]