this has been covered elsewhere in some depth, although with some rather different interpretations on offer.
Roy and I appear to differ on this, for our various reasons.
as far as I understand it;
(a) a landowner with a cave or mine on his land, has various common law, MASHAM or HSE obligations, depending on the original nature of the entity, and the use to which it is put, or allowed to be put to.
These used to be largely disregarded - an extreme example would be the Mossdale cavern disaster, where six cavers were drowned in the 1960s. At the time, the principle of
volenti non fit injuri was regarded as definitive - ie that the landowner was not responsible for the results of exploration of this kind - but it would be most unwise to rely on that now
(b) a caving club controlling access to a system will to some extent, adopt those liabilities, probably by requiring a commonly accepted insurance scheme. There is much dispute in some quarters regarding inter-club politics and mutual exclusion ( actually I don't feel that caving suffers any more or less from this than any other enthusiast-led, mainly voluntary activity - try junior rugby :surrender: ) but on the whole, it seems to work as well as anything could be expected to
(c) a 'tourist' mine, operated using some combination of paid and volunteer staff ( eg Big Pit, Morwellham, Wheal Mexico ) is run under MASHAM as a producing mine would be
(d) a volunteer trust, like Snailbeach if I properly understand what has been posted elsewhere, is run under MASHAM as a producing mine by agreement with HMIM
(d) a show cave such as, say, Blue John or Wookey Hole, may be either run under HSE or MASHAM depending on its history and the view of the relevant local Inspector of Mines.
(e) an otherwise abandoned or derelict mine with no obvious management or ownership, will probably be deemed to be, by default, under the ownership of the local authority or landowner for MASHAM purposes. This depends largely on whether it is wholly within the boundaries of one landowner.
the main workings at Combe Down were defined as being under the ownership of the local authority because there was no credible way in which anyone else could be held to be the Owner, and under MASHAM,
someone must be the owner.
this becomes a problem where there are clear safety issues, and can be exacerbated where there are features which either never conformed to MASHAM when in use, or are life-expired ( eg rotten timber or unsafe accesses ), or have developed into problems ( eg progressive delamination and collapse of the roof over time )
there can also be third-party issues, of which the earlier postings about mine water run-off are a good example. Disregarding the exact nature of these problems, there is a apparently a potential problem of some kind.
the Land Stabilisation Agency or Environment Agency, or some other body, may, or may not, provide funding at this stage.
This is where, and why, Roy and I differ. Our respective goals and backgrounds lead us to differing views of where the balance between current liabilities, potential liabilities, available resources and the possible and/or likely goals and future actions of third parties, could be expected to lie, and how these could be addressed. The posting on ME by the former Mining Agent is also related to this issue.
Hence, previous comments regarding the apparent differences between Snailbeach and Cwmystwyth. If SMT are acting as managing agents for the local authority, who own the land and have a clearly stated policy of conservation and a history of conservation ( eg shaft stabilisation and tip landscaping ) from public funds, the potential liabilities are pretty clearly defined and to a large extent, in the hands of people who might be regarded as having sufficiently common goals and overall views of this.
ultimately, I would not care to be in the position where it might be held that it was my professional opinion that access at Cwmystwyth could be granted to, say, the area under the stull which appears in the photographs.
Similarly, I wouldn't care to give any sort of professional opinion as to the possible effects and implications of the run-off water, especially with regard to whatever views the surrounding tenant farmers might take.
Roy isn't constrained by this to the same extent, because he isn't a professional within the meaning of MASHAM or HSE, at least as far as I am aware. I don't mean by this, the implications of disparagement or other slights that are sometimes imputed, but that his appointment is not subject to approval by HMIM. I would also mean that in the event of an accident or other mishap, he would not expect to find himself in court being asked if he had been employed, there or elsewhere, specifically for his expertise in such matters; and maybe following that with a letter from the standards committee of his particular professional institute, inviting me to justify my actions.
I have, for example, done cave surveying in the past, using equipment borrowed from work and and reducing the data at work; but I can't feel justified these days in either making such a request to my employer, or 'borrowing' several thousand pounds' worth of equipment to use in such an environment, in the expectation that I would probably be refused, and held to be in breach of professional standards if I acted without their consent. O tempores, or mores, but there it is.
Roy presumably knows the law relating to obligations and liabilities of company directors at least as well as I do, and seems to feel that his proposed structure covers the relevant issues. I'm less convinced, although this could be because I don't have the necessary information; possibly because it is felt to be confidential to the various parties directly involved.
I would entirely agree with Tamarmole ( above ) regarding the difference between 'professional' and 'amateur' hats. I've done things while caving which have no professional basis, because they are not in a professional context.
''the stopes soared beyond the range of our caplamps' - David Bick...... How times change .... oh, I don't know, I've still got a lamp like that.