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ST DECEMBER 1927

ST DECEMBER 1927] 4P ART I - LONG TITLE

ROVISIONS AS TO S AFETY AND E MPLOYMENT >General provisions as to
safety. A> 1. For the prevention of dangerous accidents, and for
ensuring the safety of persons employed, in every quarry, the
following provisions shall have effect: C >>( a ) The working of
the sides and of the overburden of the quarry shall be carried on
so as to prevent dangerous falls of material; C >>( b ) The top
of the quarry, and any opening or shaft made for the purpose of
quarrying shall, if dangerous, be kept securely fenced; C >>( c )
If quarrying work is carried on after dark, the quarry shall be
under the supervision of a competent person appointed by the owner,
occupier or agent for the purpose of such work; C >>( d )
Effective measures shall be taken for securing and maintaining
sufficient and suitable lighting in every part of the quarry in
which persons are working; C >>( e ) No explosives shall be taken
into or used in any quarry except explosives provided by the owner,
occupier, or agent; C >>( f ) Due and effective warning shall be
given before blasting is commenced and when it is finished. >Dust
precautions.
[{1}P ART IIA it is not provided with an efficient and properly
maintained barrier so designed and constructed as to prevent any
person from accidentally falling into the quarry, and C >>( b ) by
reason of its accessibility from a highway or a place of public
resort, it constitutes a danger to members of the public. <1878 c.52 ]

Ss.13, 14 rep. by SR 1980/333[

ST DECEMBER 1927] 4P ART I - SECT 15
Reports by Ministry of Commerce.

15.Subs.(1) rep. by SR 1980/333

(2) In addition the Ministry of Commerce may direct an inspector to
make a special report regarding any accident in a quarry if the
accident has resulted in loss of life or personal injury to any
person and shall cause any such inspector's report to be made
public at such time and in such manner as the Ministry may think
fit.]

ST DECEMBER 1927] 4P ART I - SECT 16
Power of inspector to conduct proceedings before justices.

16. An inspector, if so authorised in writing by the Ministry of
Commerce, may, although he is not a barrister-at-law or solicitor,
prosecute, conduct or defend before a court of summary jurisdiction
or justice any information, complaint or other proceeding arising
under this Act or in the discharge of his duty as inspector.

ST DECEMBER 1927] 4P ART I - SECT 17
Returns by owners, occupiers or agents of quarries.

17.(1) The owner, occupier or agent of every quarry shall, on or
before the first day of February in every year, send to the
Ministry of Commerce a correct return in the prescribed form
specifying, with respect to such quarry for the year ending on the
preceding thirty-first day of December, the quantity in statute
weight and the name of the mineral produced or gotten during that
year, the value or selling price of the mineral in the condition
in which it leaves the quarry and the number of persons ordinarily
employed in the quarry.

(2) The said return shall include particulars of all accidents which
have occurred in or at the quarry during the year to which the
return relates, and which have disabled for more than three days
any person employed in the quarry from earning full wages at the
work at which he was employed.

(3) Every owner, occupier or agent of a quarry who fails to comply
with this section shall be guilty of an offence against this Act.

ST DECEMBER 1927] 4P ART I - SECT 18
Affixing of abstract of Act and notices.

18.(1) There shall be kept affixed at every quarry, in the
prescribed form and in such position as to be easily read by the
persons employed in the quarry

(a)the prescribed abstract of this Act;

(b)an entire copy of any rules made by the Ministry of Commerce
and applicable to the quarry; and

(c)every notice and document required by this Act to be affixed at
the quarry:

Provided that the inspector may grant exemption in writing from any
of the requirements of this section, in cases where he is satisfied
that it would be impracticable to comply with them.

(2) The owner, occupier or agent of a quarry shall supply a
printed copy of the prescribed abstract of this Act, and of any
rules applicable to the quarry, free of charge to each person
employed at the quarry who applies for such copy.

(3) If any owner, occupier or agent of a quarry fails to comply
with this section he shall be guilty of an offence against this
Act, but shall not be deemed guilty if he proves that he has
taken all reasonable means to effect compliance therewith.

(4) If any person pulls down, injures or defaces any abstract,
notice rules or other document posted up in pursuance of this Act,
he shall be guilty of an offence against this Act.

ST DECEMBER 1927] 4P ART I - SECT 19
General registers and records.

19.(1) For every quarry there shall be kept a general register in
which there shall be entered in the prescribed form

(a)the names of any young persons employed in the quarry, the dates
of their birth, the dates on which they enter and leave the
service of their employer, and any other prescribed particulars;

(b)the report of every examination of a steam boiler;

(c)particulars of all accidents occurring in the quarry; and

(d)such other matters as may be prescribed.

(2) The owner, occupier, or agent of a quarry shall send to the
inspector such extracts from the general register as the inspector
may from time to time require for the purpose of the execution of
his duties under this Act.

(3) The general register shall be preserved and shall be kept
available for inspection by any inspector

(a)when it is in use, during the working hours of the quarry; and

(b)when no longer in use, for at least two years after the date
of the last entry in such register.

Ss.20, 21 rep. by SR 1980/333[

ST DECEMBER 1927] 4P ART I - SECT 21A
Notice of commencement, etc., to Minister of Commerce.

21A. In any of the following cases, namely

(a)where any working is commenced for the purpose of opening a new
quarry;

(b)where a quarry is abandoned or the working thereof discontinued;

(c)where the working of a quarry is recommenced after any
abandonment or discontinuance for a period exceeding two months;

Notification of change of ownership, occupancy or name of quarry.

[

ST DECEMBER 1927] 4P ART I - SECT 21B

21B.(1) Where a change occurs

(a)in the ownership of a quarry; or

(b)in the occupancy of a quarry; or

(c)in the name of a quarry;

(2) Every owner of a quarry who contravenes subsection (1), shall
be guilty of an offence against this Act.

(3) For the purposes of this section a name shall be deemed to be
changed if the spelling thereof is altered.]

Penalty for offences against Act.

ST DECEMBER 1927] 4P ART I - SECT 22

22.(1) Every person employed in a quarry, other than the owner,
occupier, or agent, who is guilty of any act or omission which, in
the case of an owner, occupier, or agent, would be an offence
against this Act, shall be deemed to be guilty of an offence
against this Act.

(2) If a quarry is not managed or worked in conformity with this
Act, the owner, occupier, and agent thereof shall each be deemed to
be guilty of an offence against this Act.

Subs.(3) rep. by SR 1980/333; subs.(4) rep. by 1953 c.14 (NI)
s.1(2); SR 1980/333

ST DECEMBER 1927] 4P ART I - SECT 23
Proceedings against owners, occupiers and agents.

23.(1) Where proceedings are taken under this Act against the owner,
occupier, or agent of a quarry in respect of an offence against
this Act for which the owner, occupier, or agent or each of them
is liable under this Act, the owner, occupier, or agent shall not
be liable to any penalty if he proves to the satisfaction of the
court

(a)that he was not in the habit of taking, and did not in respect
of the matters in question take, any part in the management of the
quarry; and

(b)that the offence was committed without his knowledge, consent or
connivance.

(2) No prosecution shall be instituted against the owner, occupier,
or agent, of a quarry for any offence against this Act which can
be prosecuted before a court of summary jurisdiction, except by an
inspector or with the consent in writing of the Ministry of
Commerce; and in the case of an offence of which the owner,
occupier, or agent is not guilty, if he proves that he had taken
all reasonable means to prevent the commission thereof, an inspector
shall not institute any prosecution against such owner, occupier, or
agent if satisfied that he had taken such reasonable means as
aforesaid.

ST DECEMBER 1927] 4P ART I - SECT 24
Provision as to prosecutions taken otherwise than under Act.

24. Nothing in this Act shall prevent any person from being
indicted or liable under any other Act or otherwise to any other
or higher penalty or punishment than is provided for any offence by
this Act, but so that no person shall be punished twice for the
same offence.

If the court, before whom a person is charged with an offence
against this Act, thinks that such proceedings ought to be taken
against such person for such offence under any other Act or
otherwise, the court may adjourn the case to enable such proceedings
to be taken.

ST DECEMBER 1927] 4P ART I - SECT 25
General provisions as to prosecutions and appeals.

25.(1) All offences against this Act shall be prosecuted, and all
fines thereunder shall be recovered, in manner provided by the
Summary Jurisdiction (Ireland) Acts; and a person aggrieved by a
conviction or order made by a court of summary jurisdiction on
determining any information or complaint under this Act may appeal
in manner provided by the said Summary Jurisdiction Acts.

(2) A court of summary jurisdiction, when hearing and determining an
information or complaint in any matter arising under this Act, shall
be constituted of a resident magistrate appointed under the
Constabulary (Ireland) Act, 1836, sitting alone or with others, or
of two or more justices of the peace sitting in petty sessions at
a place appointed for holding petty sessions.

(3) In any proceedings under this Act

(a)it shall be sufficient to allege that the quarry is a quarry
within the meaning of this Act;

(b)it shall be sufficient to state the name of the ostensible owner
or occupier of the quarry, or the title of the firm or company;

(c)the court shall, if required by either party, cause minutes of
the evidence to be taken and preserved.

(4) ... in any case where, with respect to, or in consequence of,
any accident in a quarry, a report is made by [the inspector
directed to make a special report under this Act or the court
appointed to hold a formal investigation] under the Boiler Explosions
Acts, 1882 and 1890, or a coroner's inquest is held, and it
appears from the report or from proceedings at the inquest that any
of the provisions of this Act, or any rules made thereunder, were
not complied with at or before the time of the accident, summary
proceedings against any person liable to be proceeded against in
respect of such non-compliance may be commenced at any time within
three months after the making of the report or the conclusion of
the inquest.

[(5) Where an offence is committed against this Act by reason of a
failure to make an examination, send a notice or return or do any
other thing at or within a time specified by or under this Act,
the offence shall be deemed to continue until the examination is
made or the notice or return is sent or the other thing is done,
as the case may be.]

S.26 rep. by 1959 c.17 (NI) s.23(1) sch.4

ST DECEMBER 1927] 4P ART I - SECT 27
Proceedings against persons other than owner, etc.

27. Where, under this Act, any person is substituted for the owner,
occupier, or agent, with respect to any provisions of this Act, any
order, summons, notice or proceeding which, for the purpose of any
of those provisions, is by this Act required or authorised to be
served on, or taken in relation to, the owner, occupier, or agent
is hereby required or authorised (as the case may be) to be served
on, or taken in relation to, that person.

ST DECEMBER 1927] 4P ART I - SECT 28
Service and sending of documents, etc.

28.(1) Any document (including any summons or order) required or
authorised to be served under this Act may be served

(a)on any person by delivering it to him, or by leaving it at, or
sending it by post to, his residence;

(b)on any firm by delivering it to any partner of the firm, or by
leaving it at, or sending it by post to, the office of the firm;

(c)on the owner or occupier of a quarry in any such manner as
aforesaid, or by delivering it, or a true copy thereof, to his
agent.

(2) Any such document may be addressed, for the purpose of the
service thereof on the occupier of a quarry, to "the occupier" at
the proper postal address of the quarry without further name or
description, and for the purpose of accepting delivery of any
document or copy served under this section any person in a quarry
shall be deemed to be the agent of the occupier thereof.

(3) The foregoing provisions of this section shall apply, with the
necessary modifications, to documents required or authorised under
this Act to be sent to any person, firm, owner or occupier, and
to the sending, addressing and acceptance of such documents.

Quarries to which Act applies.

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

ST DECEMBER 1927] 4P ART I - SECT 30
General interpretation.

30.(1) In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them
respectively, that is to say:

"Owner" means, in relation to any quarry, any person who is the
immediate proprietor or the lessee of the quarry or of any part
thereof, but does not include a person who merely receives a
royalty, rent or fine from a quarry, or is merely the proprietor
of a quarry subject to any lease, grant or licence for the working
thereof, or is merely the owner of the soil and not interested in
the minerals of the quarry:

"Occupier" means, in relation to any quarry, any person other than
the owner who, for the time being, is in actual use and occupation
of a quarry, or of any part thereof, for the purpose of getting
minerals therefrom:

"Agent" means any person having, on behalf of the owner or
occupier, care or direction of any quarry, or of any part thereof:

"Child" means a person under the age of fourteen years:

"Young person" means a person who has ceased to be a child, and
who is under the age of eighteen years:

"Overburden" means, in relation to a quarry, any ground or material
lying on the rock or mineral worked:

"Machinery" includes any driving strap or band:

"Prime mover" means every engine, motor or other appliance which
provides mechanical energy derived from steam, water, wind,
electricity, combustion or other source:

"Transmission machinery" means every shaft, wheel, drum, pulley,
system of fast and loose pulleys, coupling, clutch, driving strap or
other device by which the motion of a prime mover is transmitted
to or received by any machine or appliance:

"Process" includes the use of any locomotive:

"Steam boiler" means any closed vessel in which, for any purpose,
steam is generated under pressure greater than atmospheric pressure,
and any super-heater:

"Prescribed" means prescribed for the time being by the Ministry of
Commerce.

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.

ST DECEMBER 1927] 4P ART I - SECT 31
Short title.

31.(1) This Act may be cited as the Quarries Act (Northern
Ireland), 1927.

Subs.(2)(3) rep. by SLR (NI) 1952

First Schedule rep. by SRO (NI) 1962/180. Second Schedule rep. by
SLR (NI) 1952