| Commentary

51 Spoil heaps

| Commentary

51 Spoil heaps

There is no implied power to deposit material on the surface to a greater extent or for a longer duration than is necessary1. There is, therefore, no power to make permanent spoil heaps2, and an express liberty for this purpose must be obtained3. The landlord should consider carefully the siting of spoil heaps or tips, for although during the time the site is being worked the liability for the security of a tip will fall on the operator of the mine or quarry4, once the mine or quarry has

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