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Mine Exploration Forum

Author Holme Bank Chert Mine
pat

Joined: 22/11/2007

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Holme Bank Chert Mine
Posted: 04/10/2014 10:41:51
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I've got an Aldi loyalty card, probably as much use as BCA insurance

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The CBC ,enchanting you and your wife's bottom adit since 2007
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pat

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Holme Bank Chert Mine
Posted: 04/10/2014 15:58:45
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so the landowner is managing access? or is someone else? would this make them liable? mickey mouse insurance or not?
Doesn't BCA "insurance" only cover the CDG for diving purposes?

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pyromark

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Joined: 10/10/2012
Location: Illogan Higway

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Holme Bank Chert Mine
Posted: 04/10/2014 17:04:16
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A disclaimer would verify that they know the place is dangerous. A disclaimer does not disclaim them from a duty of care, since they have noted it is dangerous (by asking for a disclaimer) they could be held accountable as they grant access.

By putting procedures in place, they must now ensure the place is safe, which of course they cant do.

The best thing they could do is put up a "Danger keep out" sign and turn a blind eye to people accessing the site.

The law is a bit of a mine field, disclaimers are very rarely enforceable in this country.

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Exploring the mines of Cornwall and making some bloody good mates on the way!
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pat

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Holme Bank Chert Mine
Posted: 04/10/2014 17:19:45
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Paul, you state that insurance needs to be BCA.. does the BCA insurance cover none CDG divers?
and I use the term cover loosely.
Can you also let us know who brokered the access deal with the landowner...PM me if you wish.
I do seriously think land owners are mislead by parties/groups over matters like this

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Pete K

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Joined: 08/02/2009
Location: The Peak District or Snowdonia

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Holme Bank Chert Mine
Posted: 04/10/2014 17:21:43
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The disclaimer changes nothing. Cavers have always needed to contact them or pop in for the key/code so the liability has not changed.
They won't turn a blind eye as some of the entrances are on other property and local pressure might force a complete closure if access is not managed properly.
This does seem to be a more restrictive step and the reasoning is not clear at this stage.
The Derbyshire Caving Association are now aware of this and will be making enquiries. In the mean time I suggest we all follow the access procedure that has been outlined in the OP. Mr Oldfield has been very accommodating in the past and we would like to remain on good terms.
Pete Knight
DCA Projects Officer

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Pete K

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Holme Bank Chert Mine
Posted: 04/10/2014 17:23:11
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Paul, would you please post the PDF here so I can pass it on to my DCA colleagues?
Pete

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Pete K

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Holme Bank Chert Mine
Posted: 04/10/2014 17:23:13
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Paul, would you please post the PDF here so I can pass it on to my DCA colleagues?
Pete

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pat

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Holme Bank Chert Mine
Posted: 04/10/2014 17:31:34
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Pete , what is an OP ?


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The CBC ,enchanting you and your wife's bottom adit since 2007
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Pete K

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Holme Bank Chert Mine
Posted: 04/10/2014 17:33:07
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Sorry Pat,
Opening Post / Original Post
Too many forums, I'm absorbing the lingo now.

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Holme Bank Chert Mine
Posted: 04/10/2014 17:38:25
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thanks Pete...
its does feel like access to overhead dive sites is being compromised by clubs and groups in the UK.

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IP: 88.108.250.221
pyromark

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Holme Bank Chert Mine
Posted: 04/10/2014 17:40:12
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I think a good piece of advice is that he speaks to a solicitor, it will probably cost £250-500. This disclaimer could well backfire on him in a major way. The land owner should certainly have insurance if he is insisting on it.

If he is a good chap than maybe the legal advice cost could be shared between organisations / individuals that access the site.

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Exploring the mines of Cornwall and making some bloody good mates on the way!
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Pete K

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Holme Bank Chert Mine
Posted: 04/10/2014 17:44:41
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The site has always had controlled access (apart from the idiots who break in). The disclaimer changes nothing legally, permission was sought verbally but is now required in writing.
I suspect some armchair legal advice may be behind this but I'm not speculating until the owner has been spoken to by one of the DCA officers.

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JohnnearCfon

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Joined: 22/12/2005
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Holme Bank Chert Mine
Posted: 04/10/2014 20:56:31
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This thread now makes no sense at all as the original post has vanished.

Incidentally, I went up there a couple of years ago, when I happened to be in the area visiting Peak Rail. I went up to see the rows of wagons that had appeared in photographs on here and elsewhere. I did discover that at least two (I think three) entrances were completely open. I was somewhat disappointed as if I had know that was the case I would have made sure I had lamps etc with me.
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