In any legal proceedings to recover damages and in any prosecution, in so far as the proceedings are or prosecution is based on an allegation of a contravention1, in relation to a mine2, of: (1) a provision of the Mines and Quarries Acts 1954 and 19693, of an order made thereunder or of regulations (except a provision which expressly provides that a person is to be guilty of an offence4); or (2) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of those Acts by an inspector5; or (3) a condition
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