Part III Rights and Obligations in connection with Coal Mining
Withdrawal of support from land
39 Notices under section 38.
1
A notice under section 38 above shall not be given except—
a
by a person who on the relevant date of publication is a licensed operator and, as the holder of a licence under Part II of this Act, has an area of responsibility that consists of or includes all the land to which the notice relates; or
b
by a person who on that date—
i
is authorised by such a licence, or by virtue of subsection (3) of section 25 above, to carry on coal-mining operations to which that section applies; and
ii
has the approval of the Authority for the giving of a notice relating to the land in question.
2
A notice under section 38 above—
a
shall indicate the land to which it relates either by reference to a map or in any other manner which, in the circumstances, is sufficient to identify it;
b
shall identify the person by whom the notice is given and summarise the respects in which the requirements of subsection (1) above are satisfied in relation to that person; and
c
shall state that there are proposals to carry on coal-mining operations which may require the exercise in relation to that land of such a right as is mentioned in section 38(1) above.
3
A notice under section 38 above shall be given by being published—
a
in the London Gazette or the Edinburgh Gazette, according to whether the land to which the notice relates is in England and Wales or in Scotland; and
b
at least once in each of two successive weeks, in newspapers circulating in the locality where that land is situated.
4
Not later than the relevant date of publication of a notice under section 38 above, the person giving that notice shall—
a
serve a copy of the notice on every planning authority within whose area or district any part of the land to which the notice relates is situated; and
b
post a copy or copies of the notice in some conspicuous place or places on that land.
5
In subsection (4) above “planning authority” means any local planning authority within the meaning of the M1Town and Country Planning Act 1990 F1F2and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, or any planning authority within the meaning of Part IX of the M2Local Government (Scotland) Act 1973.