§ (1) In this Act the expression "mine" means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals or products of minerals by any means involving the employment of persons below ground.
§ (2) In this Act the expression "quarry" means an excavation made for the purpose of getting minerals otherwise than by any means involving the employment of persons below ground, but does not include a borehole sunk from the surface.
§ (3) For the purposes of this Act—
- (a) there shall be deemed to form part of a mine so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the shafts or outlets of the mine as is occupied together with the mine for the purpose of, or in connection with, the working of the mine, the treatment, preparation for sale, consumption or use, storage or removal from the mine of the minerals or products thereof gotten from the mine or the removal from the mine of the refuse thereof; and
- (b) there shall 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 gotten therefrom or the removal from the quarry of the refuse thereof:
§ Provided that there shall not, for the said purposes, be deemed to form part of a mine or quarry premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the mine or quarry or the preparation for sale of minerals gotten therefrom.
§ (4) For the purposes of this Act a deposit of refuse from a single mine or quarry and any premises used or appropriated for use for the deposit of refuse from a single mine or quarry shall be deemed to form part of that mine or quarry and a deposit of refuse from two or more mines or quarries and any premises used or appropriated for use for the deposit of refuse from two or more mines or quarries shall be deemed to form part of such one of them as the Minister may direct.
§ (5) For the purposes of this Act a railway line serving a single mine or quarry (not being a railway line falling within subsection (3) of this section or a railway line belonging to a railway company) shall be deemed to form part of that mine or quarry and a railway line 1362 jointly serving two or more mines or quarries (not being a railway line falling within subsection (3) of this section or a railway line belonging to a railway company) shall be deemed to form part of such one of them as the Minister may direct.
§ (6) For the purposes of this Act a conveyor or aerial ropeway provided for the removal from a mine or quarry of minerals gotten therefrom or refuse therefrom shall be deemed to form part of the mine or quarry.—[Mr. Geoffrey Lloyd.]
§ Brought up, and read the First time.
§ 3.56 p.m.
§ The Minister of Fuel and Power (Mr. Geoffrey Lloyd)I beg to move, "That the Clause be read a Second time."
This is the first of a series of new Clauses, arising out of the consideration of the Bill in Standing Committee, which are designed to meet assurances given in the Standing Committee as a result of the discussions that took place there. I think I may be allowed to say that, on Second Reading, I said that it was the desire of the Government, particularly on a Bill of this kind, to carry it through the Committee and remaining stages in full consultation with the House and with hon. Members, particularly with mining hon. Members. I think it is the fact that there has been a very great deal of constructive consultation, and I should like to express my appreciation to hon. Members who cooperated in it.
The first new Clause, and, indeed, the one that follows, is technical, dealing with the definition of a mine, and in this Clause we have sought to make a definition which is more satisfactory than the law has been in the past. The difficulty with the law in the past was that there was a certain amount of what might be called "fringe" activity in mines and quarries, in which it was impossible to say whether the activity fell within mining legislation or came under the Factories Acts. I am sure that the House would consider that unsatisfactory, and would want to alter it.
The first stage of doing so is to adopt the proposal in this Clause, in which the definition of mines and quarries depends entirely on the fact whether people are employed underground in getting the mineral or not. That is the basis of the definition in this Clause.
§ Mr. Philip Noel-Baker (Derby, South)I should like to endorse what the Minister has said about consultation throughout 1363 the Committee stage. I think the consultations have been extremely fruitful. We are grateful to the right hon. Gentleman for putting down this new Clause, and we accept it.
§ Sir Albert Braithwaite (Harrow, West)As one who was not a member of the Standing Committee, may I ask my right hon. Friend whether an opencast mine is a mine or a quarry?
§ Question put, and agreed to.
§ Clause read a Second time, and added to the Bill.