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The Quarries (Northern Ireland) Order 1983
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Changes over time for: Section 10
Version Superseded: 01/04/2012
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- 01/01/2006- Amendment
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Point in time - 01/04/2012- Amendment
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Fencing of quarriesN.I.
10.—(1) For the purposes of section 107 of the Public Health (Ireland) Act 1878F1, a quarry (whether in course of being worked or not) shall be deemed to be a nuisance liable to be dealt with summarily in manner provided by that Act if—
(a)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
(b)by reason of its accessibility from a highway or a place of public resort, it constitutes a danger to members of the public.
(2) Any expenses incurred, by reason of the operation of sections 107 to 127 of the Public Health (Ireland) Act 1878, by a person other than the owner or occupier (as defined for the purposes of this Order) of a quarry for the purpose of abating, or preventing the recurrence of, a nuisance under paragraph (1) or in reimbursing a district council in respect of the abatement, or prevention of the recurrence, of such a nuisance shall, subject to any agreement to the contrary, be recoverable by that person from the owner or occupier (as so defined) of the quarry.
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