SCHEDULE 5 Modifications

PART 1 Modifications to primary legislation
1 In the 1954 Act, for section 180 substitute the following—

“180 Meaning of “mine”
1 This section defines “mine” for the purposes of this Act.
2 “Mine” means an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of—
(a) minerals (in their natural state or in solution or suspension), or
(b) mineral products.
3 A mine is deemed to include so much of the surface (including buildings, structures or works on it) surrounding or adjacent to the shafts or outlets of the mine as is occupied with the mine for the purpose of, or in connection with—
(a) working the mine,
(b) the storage, treatment or preparation for sale, consumption or use of minerals or mineral products extracted from the mine, or
(c) the removal from the mine of minerals or mineral products extracted from it or of refuse from it.
4 But a mine is not deemed to include premises in which a manufacturing process is carried on for a purpose other than—
(a) working the mine, or
(b) the preparation for sale of minerals extracted from the mine.
5 Premises used to deposit refuse from a single mine and occupied exclusively by the owner of the mine are deemed to form part of the mine.
6 Premises used to deposit refuse from two or more mines and occupied by the owner of one of the mines (either exclusively or jointly with the owner of the other or any of the others) are deemed to form part of whichever of the mines the Health and Safety Executive directs.
7 A railway line serving one or more mines, other than a line falling within subsection (3) or belonging to a railway company, is deemed to form part of the mine or (if more than one) of whichever of the mines the Health and Safety Executive directs.
8 A conveyor or aerial ropeway provided for the removal from a mine of minerals extracted from it, or of refuse from it, is deemed to form part of the mine.”