Rank: New forum user 
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Hi all, looking for some guidance.
If a company is to extract aggregates (sand / gravel) for resale from a site, from my understanding the Quarry Regulations apply. However if this is a larger project which will involve the backfilling of the pits and some subsequent construction do the CDM regs also apply from the start of the works, or do they kick in once the backfilling has been completed? Thanks Eliot
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Rank: Super forum user
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Hi Eliot Depends to some extent how the Client or Clients for the construction project decide to define the "project". If the "construction work" cannot happen without the quarrying, then the quarrying is probably "necessary for, but ancillary to" the "construction work" and on the basis of the relevant case law probably falls within the "construction work". The case law is decades old, coming well before CDM, but the definition in CDM of "construction work" was derived from the previous definitions of "building operation" and "work of engineering construction" (Factories Act 1961 Section 176), so the case law on what was, or was not, a "building operation" is relevant to interpretation of CDM. However, many construction projects bring in materials from quarries that may be removed from the site, such that the quarrying may simply be a source of materials that could be procured from elsewhere. In practice, very similar principles will apply whether you invoke CDM, the Quarries Regs or both.
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 2 users thanked peter gotch for this useful post.
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