Section 40(2)

A person who knowingly permits a water discharge activity or groundwater activity where the discharge is water from an abandoned mine or an abandoned part of a mine is not guilty of an offence under regulation 38(1) unless— the person is the owner or former operator of the mine or that part of it, and the mine or the part of the mine was abandoned after 31st December 1999.

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Source: legislation.gov.uk · retrieved 2026-07-30