LEGISLATION

• The Mines (Notice of Abandonment) Regulations 1998 (SI 1998 No. 892).

• Water Resources Act 1991 Section 91B.

KEY DATES

• The 1998 Regulations and the new Section 91B in the Water Resources Act 1991 - which was inserted by the Environment Act 1995 - both came into force on 1/7/98.

PURPOSE

• Prevent pollution of controlled waters by abandoned mine waters.

APPROACH

• Section 91B requires mine operators to give at least six months' notice before abandoning a mine or part of a mine and let the Environment Agency know of any proposals to prevent or treat water pollution.

• The 1998 Regulations prescribe the information that must be contained in notices given under section 91B and the particulars which must be published by the operator in at least one local newspaper.

• The amendments made by the 1995 Act also remove after 31st December 1999 the statutory exemption against prosecution for the owners and former operators of mines who "knowingly permit" pollution of controlled waters by abandoned mine waters.

REGULATORY AUTHORITY

• Environment Agency.

COVERAGE

COMPLIANCE REQUIREMENTS

Mine operators are required to:

• Give the Environment Agency at least six months' notice of any proposed abandonment of a mine or part of a mine, on or after January 1st 1999.

• Include in the notice to the Environment Agency the operator's opinion of the abandonment's consequences and let them know of any proposals to prevent or treat water pollution.

• Publish in at least one local newspaper various details of the proposed abandonment.

DISCLOSURE